Rob'sAE

Well guys, I am finally going to be getting my car back on a somewhat permanent basis after 8 months floating around at various shops. Last update was my car was flooded at a local dealership while waiting for repairs to be made that should have been done 6 months before. Dealership refuses to fix it, claiming they are not responsible for it while on their lot...WTF??? Flood damages to the car start at $3k, both front seats need new motor carriages, transmission control module, carpeting, lower back seat, tranny flush, and oil change. That is just the estimate, that does not include the stuff in the dash, or the door speakers, or anything else that might have gotten wet. I have talked to several attorneys about the issue and it is going to cost $3k just to start the process of recouping my costs from the dealership. I am picking my car up and am going to do the oil and tranny stuff my self, everything else is not really "broke", just stuff that got wet and is probably broke. The car ran fine after the flood, did not have any water in the tranny or oil. I am hoping right now that nothing is really broke, and if so I might have to find other ways of fixing it. I have been thinking of selling it after all of this but I love my car too much, anyways after all of this what else can happen. Right now if I get in another accident and total it, it will at least get paid off and will be $500 a month I don't have to worry about. Car still smells like new leather, no sut or "funk" on the inside of the car.(The place it is at now stripped the entire interior down for me) The car actually looks good for being in a flood. (I doubt even that some of you could tell if I wiped off the water lines inside the car) Wish me luck guys, I am praying I can get Susie-Q road worthy again and maybe not have any major problems.

phenryiv1

iTrader: (19)

Pitch a fit to Nissan USA. Get a copy of the BAILMENT agreement that the dealer has for cars there for repairs. A bailment is when another party has control and dominion over your property with your permission. There are certain responsabilities that cannot be waived, even by disclaimer. (PLEASE, GUYS, LETS NOT START THAT ARGUEMENT AGAIN.) Just because the dealer says that they are not responsible does not mean that they are not.

Here is the basics of what I am getting at, from another post from a while back:
"It is no different than me [going up to someone and saying to him] "If I kick your @$$, I will not be held responsible because I told you that I was nto responsible first." Would my statement be legally binding? NO...The grocery store I shop at has a sign that says "Not responsible for damge done by carts." Are they responsible? YES, if they were negligent. You CANNOT "Disclaimer" yourself out of legal duties."

I would look into the bailment agreement and call the attorney general of your state to see what state laws dictate regarding bailment of property.

Also, why was your car at the dealer for so long?

MaximaRider

iTrader: (3)

Give em hell, don't give up, you deserve better.

Maxima Dan

It is not Nissan USA's problem. It is that individual dealer's. Several years ago I had a stereo ripped off while my car was awaiting body repair. The shop paid for the replacement.

It's like this. Your car would not have been flooded if it was in your garage instead of his lot. He assumes responsibility for your property once he agrees to work on it. I would definately get a lawyer to write a nasty letter threatening legal action. They will probably give in.

phenryiv1

iTrader: (19)

I was only saying to call Nissan USA to gripe about poor customer relations. Sometimes you can get better response from the top down. It all depends on the attitude of the dealership.

As to your second part, we agree.

Rob'sAE

I can't call Nissan at all, I got talked into taking it to Tejas Toyota which was much much closer than the dealership. (That is 1 reason why god is punishing me) I understand the point of them not being able to "just say" that they are not responsible. About that issue, guess what? Tejas Toyota cannot find any papers with my signature, no authorization papers, no disclaimers of liability, not nutthin! But, attorneys cost $$$$, which is something I do not have. I also have on microcasette(god I love those things!!) the GM saying; /QUOTE "yeah, I drive a jacked up 4Runner and the water was halfway up my tires when I left that night. We also have a bayou right behind the dealership that floods all the time." /UNQUOTE Those are his words to the T, exactly what is on my tape. When asked that since he "was not responsible for my vehicle" why he did not call the owners of the vehicles and say that they are flooding, they are not responsible, and to come and move or pick up the vehicle the GM just said they don't do that. Just some of the many of the loops in the rolercoaster of my Maxima ownership.

max'n out

Thats funny, not that it got hurt but that you going to get yours after such a long time, I'm getting mine 2 morro after 1 yr and 1 day.

Rob'sAE

Whats the story with yours?

max'n out

No problems...Just modifactions.

Rob'sAE

Thats a whole lot of mods!!

Blu

iTrader: (63)

I want to see your car man. Your can't be that far away from me. Later Matt

max'n out

I"m visiting my family right now, I'll be back in charlotte on the 9th, let me know, and we can get together some weekend.