Car hail damaging while at dealership for service... who's responsible?

[Neilk]

We brought our car into the local Mercedes dealership last week for an airbag light, while it was there, a hail storm damaged the car when they left it outside waiting for parts. They called us and let us know what happened and said they would cover the deductible, but if the damage was over that amount, we would need to file a claim against our insurance. Since it was and act of God, the dealership is not responsible.

I disagree, the dealership should have had the car in the garage and should return in the same condition it was brought in. The kicker is that while my wife was there to check out the damage, they told a customer whose loaner car was damaged by hail that they would be responsible for the damage, so the dealer is not responsible for the customer cars, but the customer is responsible for the dealer's cars.

So wondering what the Pelican braintrust thinks about this. The dealer is massive and has the resources to bog everything down, but should they pay? Will filing a comprehensive claim affect my rates? I filed one a couple of weeks ago for a damaged windshield and don't want to file another claim.

Thanks,
Neil

[Steve Carlton]

I think your insurance should take car of your car and their insurance (or cash) should take care of their car. In CA, a comprehensive claim doesn't affect your rates- check with your insurance. It seems unrealistic to me that a dealership should keep a customer's car indoors to protect it against an Act of God situation. Bad luck, but not the dealership's fault in my opinion. I'm sorry for not taking your side on this, but I don't think this is their responsibility. Offering to cover your deductible is a kind and generous gesture in my opinion.

[RANDY P]

There's usually a disclaimer that says they're not responsible for damage like that when you drop off, also they took reasonable care of your car- NEW cars sit outside.

You're hosed.

rjp

[javadog]

Dealerships don't have the capacity to store every car in their possession inside during a hail storm. simple fact of life.

Did you call them and ask them to store it inside? Did you think to go pick it up yourself, beforehand?

I'd suggest filing a claim against your insurance policy and being happy they've offered to pay the deductible.

[Sooner or later]

I am going through the exact same situation. Car at dealership for air bag repair. Tennis ball sized hail. Broke out rear window and moon roof. Interior completely soaked. No electrical power to any system.

Insurance notified me that vehicle is totaled. $500 deductible.

Dealership has given me a loaner and has made a great offer on a permanent replacement vehicle.

So far, no hassle.

[Gogar]

You 'hoped' for the car to be inside and it wasn't. It's unfortunate, but there's no fault.

[Arizona_928]

Originally Posted by RANDY P

There's usually a disclaimer that says they're not responsible for damage like that when you drop off, also they took reasonable care of your car- NEW cars sit outside.

You're hosed.

rjp

This. Dealership takes no liability when the vehicle is in their possession. Vandalism, damage, etc.

[Neilk]

Well that’s too bad. I was hoping to get their insurance to cover it. I see that it’s not the case. Thanks for the info!
Neil

[911 Rod]

Did all their cars in the lot sustain damage?
I would imagine they would have a massive claim to their own insurance.
Maybe their insurance denied the claim for customer cars?
Covering your deductible is top notch customer service.

[LWJ]

When I sell garage keepers insurance the rule of thumb is “care custody and control.” Whoever has ccc, has responsibility. Meaning, dealership should pay.

[Steve Carlton]

To know for sure, you'd probably need to talk to an attorney. A bailment was created when you left it with the dealer, I believe. I'd talk to your insurance. If there's no increase in your premiums for making a claim, what do you care since the dealer is covering your deductible?

[rwest]

File the claim with your insurance company with all he details of where it was when the storm came through and if they believe that the dealers insurance should pay, they will handle it.

[greglepore]

Originally Posted by Steve Carlton

To know for sure, you'd probably need to talk to an attorney. A bailment was created when you left it with the dealer, I believe. I'd talk to your insurance. If there's no increase in your premiums for making a claim, what do you care since the dealer is covering your deductible?

This. Insurance companies have all kinds of methods of recovering payments someone else should be responsible for, there's a whole legal industry of subrogation attorneys that do this. For auto collision claims its done thru intercompany arbitration, for other stuff you've given the insurance company the right to sue and you've agreed to cooperate-its in the fine print. Most common for big fire losses where after payment the insurance company goes after the person/manufacturer etc that caused the fire.

And while Steve is correct that a bailment was created, a bailee only has to exercise "reasonable care"-and I doubt that keeping every car in for service is reasonable. Plus, you can sign these rights away, again likely in the fine print of the service order you signed (?) when dropping the car off.