Tomball Ford wrecks customers car

[Pattytester]

EHH, well either way her insurance should be taking care of it. Does it suck, yes, but that is what insurance is for.

Does she have to wait 3 years on Ford and Webasto to replace it?

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[cowman]

Wow, y'all have some different laws for sure. In NC when you sell/trade you just cancel your insurance on the car. The next buyer has to insure the car with whoever they please before they can get a tag.

Same here

 

[ChompSticks]

Does she have to wait 3 years on Ford and Webasto to replace it?

No, since it wasn’t a bronco, but either way her insurance should give her enough money to purchase something else. Unless if she’s upside down on financing

 

[Lowcountry Bronco]

"Marquez said while it doesn’t seem fair, Walker’s best option might be to file with her own insurance, get her money and let them go after Tomball Ford."

This 100%, the insurance company has lawyers for this and will recoup their costs from the dealer.

 

[peta8368]

"Marquez said while it doesn’t seem fair, Walker’s best option might be to file with her own insurance, get her money and let them go after Tomball Ford."

This 100%, the insurance company has lawyers for this and will refill recoup their costs from the dealer.

I was thinking along that line too. However, some may worry about premium increase for the vehicle owner, through no fault of her own.

Doesn't the dealership carry some commercial liability insurance? Shouldn't that be explored to cover the "30% responsibility" that Allstate is claiming? and then let those 2 fight it out and figure out who is paying for what

 

[604Bronco]

This is a really shitty situation for sure - Feel bad for the customer who just went in for a simple service and got this nightmare.

We all pay vehicle insurance for this reason. As mentioned above, the insurance company will go after the dealership for this. Gotta let them sort it out amongst themselves.

The dealership has insurance too for this very reason. They will investigate and make it right at the end of the day, one way or another.

 

[LarryZiegler]

"Proportional liability", that's the biggest crock of horseshit I've ever heard.

California has a similar liability law in place called Comparative Liability. What this gal should be doing (assuming she is with a preferred insurance carrier such as State Farm, Nationwide, Liberty Mutual, etc) is turning it into her own insurance carrier for payment and having them subrogate against the parties involved in the accident. The car owner's insurance will also collect the deductible paid out. Although the dealership had custody of the car, the insurance follows the car and the dealership's employee could be construed as having permitted use of the vehicle for the test drives needed during the service work. The dealer does have Garage Insurance coverage in place, but it depends on if their Garagekeepers insurance coverage is primary (first to pay) or excess (pays whatever other valid insurance won't pay). It seems complicated to the car owner, but more simplified if you use your own insurance to handle the claim. It is a non fault claim for the car owner.

 

[Skmac]

I read the article and fail to see how it is the dealerships issue. Allstate insurance is the culprit. Their insured driver caused the accident, but they are trying to defer cost by claiming the dealership mechanic was “ 30%” responsible…see you in court Allstate. Imagine that, an insurance company trying everything they can to avoid paying out. One has to wonder why these insurance companies even bother to make TV commercials claiming they are there for the customer. One giant rip off.

I think its a dealership issue because they're not helping the owner of the vehicle. So now theyre getting bad PR over honestly nothing but a measly couple of grand. They might as well light their advertising budget on fire for how useless it will be now. This small event maybe the difference between service and a sale.

 

[1975U15]

I deserve a priority order Jorge is that you?

Believe this may be same dealer that has sales people awarding themselves priority orders for all their hard work.

 

[Shotsy]

 

[Philvis77]

Yikes, I assumed the liability would fall 100% with the driver of the vehicle or the dealerships insurance.

 

[Seacat]

That there is a shitty dealership! I bet she never goes there again.

 

[moisea]

https://www.click2houston.com/news/...er-told-dealership-not-responsible-so-who-is/


The short story the dealer totalled the car and is telling the owner their responsible for them totalling it.


I wouldn't post this normally but this is a ford dealer and i bet a few guys here ordered from them

This is crazy stuff. Btw if your Bronco is getting delivered to a dealership, do not allow the dealer to turn it into one of its mannequins. I have seen that on several walkthrough videos and I appreciate the information but I have also been uncomfortable seeing some of them are handling the trucks.

 

[Kos]

That there is a shitty dealership! I bet she never goes there again.

I bet a lot of people won't after seeing this on the news. Cost them a hell of a lot more that an Escape.

 

[Kos]

"Proportional liability", that's the biggest crock of horseshit I've ever heard.

Most states it usually is for stuff like, "Yeah, our guy ran the red light, but your guy wasn't wearing a seatbelt and because of that his injuries were worse than they should of been."

Never heard of it being applied like this, but I'm not familiar with Texas liability law either. Buddy of mine got his truck totaled in Texas a few years ago, he never mentioned anything like this.

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