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Need OT lawyer advice regarding auto accident

Posted on 10/4/19 at 9:21 pm
Posted by BoomBoomBoom
Member since Oct 2013
940 posts
Posted on 10/4/19 at 9:21 pm
I took my car to a dealership for service. Picked up my car, the accident avoidance sensor was going off. Went back to dealership. The service mgr and I went for a drive to recreate the problem. He was driving and got into an accident that he was his fault. The other driver said she wasn't injured..."until one call, that's all" Options?

eta : The dealer said they will cover the damages of both vehicles. The problem is if the other driver sees $$$$ and sues for injury.
This post was edited on 10/4/19 at 9:38 pm
Posted by CaptainsWafer
TD Platinum Member
Member since Feb 2006
59449 posts
Posted on 10/4/19 at 9:22 pm to
Get Gordon first. Stick it to em all!
Posted by HailToTheChiz
Back in Auburn
Member since Aug 2010
55031 posts
Posted on 10/4/19 at 9:22 pm to
Good thing you have auto insurance?
Posted by SEClint
New Orleans, LA/Portland, OR
Member since Nov 2006
49487 posts
Posted on 10/4/19 at 9:24 pm to
quote:

The service mgr and I went for a drive to recreate the problem. He was driving and got into an accident that he was his fault.


That's like something that would happen in a steve Martin film. Or in Used Cars.
Posted by ForeverLSU02
Albany
Member since Jun 2007
52585 posts
Posted on 10/4/19 at 9:24 pm to
I'd be willing to bet that you could get a really good deal on a new car right about now from said dealership
Posted by theenemy
Member since Oct 2006
13078 posts
Posted on 10/4/19 at 9:24 pm to
quote:

the accident avoidance sensor was going off


quote:

got into an accident


Looks like it tried to warn you
Posted by BoomBoomBoom
Member since Oct 2013
940 posts
Posted on 10/4/19 at 9:24 pm to
quote:

Good thing you have auto insurance?
Yes, and I believe my insurance is primary. The dealership is secondary.
Posted by PearlJam
NotBeardEaves
Member since Aug 2014
13908 posts
Posted on 10/4/19 at 9:27 pm to
Sure, but that significant brain injury you suffered is awful. Maybe a product defect suit against the manufacturer and negligence suit against the dealership will allow you to recover a monetary award as a small portion of compensation for the suffering you have endured.
This post was edited on 10/4/19 at 9:28 pm
Posted by BoomBoomBoom
Member since Oct 2013
940 posts
Posted on 10/4/19 at 9:27 pm to
quote:

the accident avoidance sensor was going off
quote:

got into an accident
quote:

Looks like it tried to warn you
Thanks...needed a laugh
Posted by Dawgholio
Bugtussle
Member since Oct 2015
13047 posts
Posted on 10/4/19 at 9:29 pm to
Posted by OleVaught14
Member since Jun 2019
12412 posts
Posted on 10/4/19 at 9:29 pm to
Hire an attorney who will take it on contingency fee / no up front cost from you.

While your insurance may be on the hook, you can still go after the dealership for any injuries / suffering you have. Plus maybe for damages like increased insurance premium on your end.
Posted by BoomBoomBoom
Member since Oct 2013
940 posts
Posted on 10/4/19 at 9:34 pm to
quote:

you can still go after the dealership for any injuries / suffering you have. Plus maybe for damages like increased insurance premium on your end.
I'm not injured. My concern is about the increase in insurance, loss of claim free discount and surcharge for af accident. With a young male driver on the policy, that will be a huge increase. Secondary concern is the loss of value for my car.

eta : The dealer said they will cover the damages of both vehicles. The problem is if the other driver sees $$$$ and sues for injury.
This post was edited on 10/4/19 at 9:37 pm
Posted by TDsngumbo
Member since Oct 2011
51607 posts
Posted on 10/4/19 at 9:38 pm to
quote:

I'm not injured. My concern is about the increase in insurance, loss of claim free discount and surcharge for af accident. With a young male driver on the policy, that will be a huge increase. Secondary concern is the loss of value for my car.

Which is exactly why you should go see a dr tomorrow to get checked out.

In all seriousness, the dealership’s insurance should pick it up since their employee was driving it in the course of official business. He was on the clock doing work related tasks at the time of the accident.

They will argue yours is primary, though, and they will have a decent argument. If I were you, I’d lawyer up. This is one of those times when a lawyer will definitely be worth it because this is going to cause headaches (figuratively and maybe literally).
This post was edited on 10/4/19 at 9:41 pm
Posted by CaptainsWafer
TD Platinum Member
Member since Feb 2006
59449 posts
Posted on 10/4/19 at 9:39 pm to
Your insurance will not cover the loss of value to your 2006 Aztec.




ETA And just because someone makes an injury claim doesn’t meant they’re suing anyone.
This post was edited on 10/4/19 at 9:40 pm
Posted by AUsteriskPride
Albuquerque, NM
Member since Feb 2011
18385 posts
Posted on 10/4/19 at 9:44 pm to
quote:

The dealer said they will cover the damages of both vehicles


And then you still have a vehicle without a clean damage history, you demand a newer, clean car.
Posted by viv1d
Member since Aug 2017
1839 posts
Posted on 10/4/19 at 10:19 pm to
If you get sued counter sue the dealership to pay for it if they won’t.
Posted by ragincajun77
Member since Jul 2019
911 posts
Posted on 10/4/19 at 10:57 pm to
Are you sure you are not hurt? *wink, wink*
Posted by Harry Morgan
Member since Sep 2019
10340 posts
Posted on 10/4/19 at 11:02 pm to
Posted by bbvdd
Memphis, TN
Member since Jun 2009
29022 posts
Posted on 10/4/19 at 11:06 pm to
The dealerships insurance is on the hook. Not yours.

And remember this term: diminished value.

They have to pay you because your car is now worth less since it was involved in an accident.
They’ll have to cut you a check.
Posted by Ric Flair
Charlotte
Member since Oct 2005
13879 posts
Posted on 10/4/19 at 11:06 pm to
quote:

Which is exactly why you should go see a dr tomorrow to get checked out


Which is exactly why Louisiana has one of the highest costs of auto insurance in the country.
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