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Tomball Ford wrecks customers car

The Memedalorian

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Because they take your car to run errands and get lunch and call it a "test drive" to check the repair.
Oh, I know. I've heard horror stories. A buddy of mine saw his own rare car rip past him on the freeway one time.

He followed it, used a spare to take it when the mechanic parked, and took it back to the dealership to make them sweat.

How now gets red carpet treatment any time he goes in.
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AZ_Liberty

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This isn't that hard.

Tomball Ford was operating the vehicle as part of a business. They repaired it and were then test driving it. Because Tomball Ford was operating it as part of their business, they are responsible for making their customer whole.

So the dealer, or rather their business insurance, should pay out the customer, and she signs over any rights to payment from Allstate. Tomball's insurer then recoups from Allstate or sues as necessary to do so. This is so dumb. This is why you have business insurance, and the bad publicity is not worth it.

Now since nobody apparently actually wants to act like a grown up, her best option at this point is to have her insurance pay her out, and then they pursue Tomball and/or Allstate as appropriate.
 

AJS

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PrepVet

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Since this is in the off-topic areas I’ll share a story of a dealership that had a shitty employee and was trying to pass that off to their customers.

I’ll tell you the name too since it no longer exists… Hawkinson Ford in the South burbs of Chicago.


Anyway I traded in an 02 Mustang GT, that I bought new for them, after 2.5 years of ownership, on a used 03 Cobra. My dream car at the time.

Deal went through fine. I was happy.

My salesman called me several days later (3-4 including the weekend) and asked “what I did to my car?” The car I traded in “had a blown engine, warning lights on everywhere, missing something and that, oil everywhere.” I told them I had no idea. They had inspected the car when I traded it in. He was threatening to “cancel the deal” if I didn’t come get it and return the Cobra.

I was young and bit concerned so I talked to a lawyer friend of my dad and he said their was no way they could do that and if they try anything to let him know. The sales manager tried to scare me again and I just referred him to my dads lawyer friend.

After about two weeks of owning the Cobra I could hear a low grind in the transmission when in 2 or 3 gear. It slowly got worse. I took the car to another SVT repair shop (Rizzo Ford) way out in the burbs. They said the gears were chewed up pretty bad and it needed a new one, but it was SVT so they did it all under warranty.

I was part of a very large Mustang board like this and the prior owner of the Cobra was also a member there. We talked extensively and when he traded it he had all his repair documents and there were no issues with the car.


Several weeks later I got a call from my salesman. I didn’t answer but he left a VM asking to please call him.

He did that twice the next day so I answered.

He wanted to apologize for all the shit that had happened. He seemed genuine and my parents had bought from him before and I think after…

There was a kid that was a newer hire as a part time porter/car washer that was just beating the crap out of cars that were traded in. He would use them for fun or just do burnouts in one of their remote lots and just generally treat the cars like his own personal pieces of crap. The kid got stopped by the local cops for doing a burnout out of the remote lots and the dealership pulled the video tapes and saw him doing it to other cars.

I appreciated the thought but I was still mad as hell about it. The dealership did give me free oil changes for as long as I owned the car and a card for free car washes in their touchless automatic drivethru. But I did not live in Chicago long after that so it didn’t do me any good. 🤷

I loved that Cobra however!
 
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omega145

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Good clickbait in getting me to go into this thread since this has nothing to do with a Bronco.
 

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AZBadlands

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I ordered my Bronco from San Tan Ford, and they were recently the victim of a similar story. Specifically, a man was part of a 50 mile high speed chase and he rolled into San Tan Ford, broke into their service department, and stole a car from the service bay -- it happened to be a brand new Ford Explorer owned by my friend's employee. The thief then proceeded to drive out of the service bay and ran over two police officers, killing one. The Ford Explorer ended up riddled with bullet holes and evidence of a murder of a police officer. The owner of the car was devastated because her car was used to kill a police officer. But San Tan Ford got her into a newer, upgraded car. I imagine everyone's insurance was involved, but sometimes weird things happen.
 

guerro

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I'm not disputing the report states that. They can only judge by what they saw 10-15 minutes after the accident. By then, if the mechanic was on his phone, it would be back in pocket.
Police obviously found no evidence of that. But, apparently you have some evidence that the driver was on the phone? Present it.
 

Bronc-O

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Police obviously found no evidence of that. But, apparently you have some evidence that the driver was on the phone? Present it.
I have no evidence, but things are not always as they seem and only a fool would take for granted that the cops are 100% correct. Very likely any "investigation" was very limited since no crime was committed or injuries. Apparently, the insurance co. agrees 30% the mechanic contributed to the accident.
 

guerro

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I have no evidence, but things are not always as they seem and only a fool would take for granted that the cops are 100% correct. Very likely any "investigation" was very limited since no crime was committed or injuries. Apparently, the insurance co. agrees 30% the mechanic contributed to the accident.
Why do you kick your dog?
 

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LarryZiegler

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"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.
When disagreements exist between insurance carriers on a claim such as this, they don’t use lawyers per se, they have their own arbitration system they use to determine responsibility. The cost to go to court starts at about $8-$10,000
 

da_jokker

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I don't know, maybe this is something that California got right (hard to believe).

But I've been in a couple of accidents in recent years that were not my fault. I call my insurance company and have the car repaired. Then my insurance goes after the other person.

I pay my deductible up front to get my car fixed under "my insurance", And then once the two companies battle it out and the other insurance settles, I get my deductible refunded.

Meanwhile my car was only down for a couple weeks and I was back in it while all the fighting was still going on. My own insurance company even paid for the rental.

Now being that it wasn't totalled, maybe that makes a difference.
 

Lowcountry Bronco

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When disagreements exist between insurance carriers on a claim such as this, they don’t use lawyers per se, they have their own arbitration system they use to determine responsibility. The cost to go to court starts at about $8-$10,000
Between insurance companies sure, Tomball Ford doesn't want to involve their insurance company nor accept fault but It was determined that thier driver was 30% responsible. Doesn't matter who chases that 30%, mediators, arbitrators, or lawyers, the insurance company will recoup their funds so let them so just file under your own policy and be done with it, but that's just my opinion and what I'd do if I was in the same situation.
 

LarryZiegler

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I don't know, maybe this is something that California got right (hard to believe).

But I've been in a couple of accidents in recent years that were not my fault. I call my insurance company and have the car repaired. Then my insurance goes after the other person.

I pay my deductible up front to get my car fixed under "my insurance", And then once the two companies battle it out and the other insurance settles, I get my deductible refunded.

Meanwhile my car was only down for a couple weeks and I was back in it while all the fighting was still going on. My own insurance company even paid for the rental.

Now being that it wasn't totalled, maybe that makes a difference.
Your insurance company goes after the rental costs they incur as part of their total expenses incurred in the repair of your car. It is no different if your car was a total.
 

Contact

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I would lawyer the f@#k up! There's a bunch out there that would love to get a hold of this.
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