Car falls off hoist, workshop holds car until paid

[p38arover]

An interesting happening in WA mentioned on the Whirlpool forum:

A guy I work with took his Landrover in for a service. The dealer dropped it off the hoist & it is likely a write off as it landed on the roof & side. After 2 weeks of inaction from the desaler he calls his insurance company but the dealer won't release the car to them until the $1500 service is paid for.
What course of action should he take?

http://forums.whirlpool.net.au/forum...'t=1928958

[Tusker]

I would have thought that a $1500 service would be enough to write an FL1 off...

Regards
Max P

[digger]

I'd call the ombudsman first!

Is this business part of a chain or is it an authorised dealer etc? If so contact te office etc and tell them whats happening.

2nd, I'd report the damage to Police, tell them you want this damage reported.

Mention the fact that after servicing the car they damaged it so severely that its a write off.

(I'm assuming they finished the service after this damage otherwise why was it on the hoist? -if the job isnt finished then he shouldnt have to pay...? )

Call the local TV / newspaper / radio and the headll them, name and shame
maybe even the good old park outside the business and make a flyer up explaining factually what has happened, include that photo, then hand that to anyone entering their business, purely as a community service

I reckon today tonight or "raisin love tryst " (a current affair ) would love this 'dodgy dealing mechanic' stuff and jump at the opportunity.


Now prior to doing all this tell the mechanic that these are your current considerations, is it really worth all this grief when you and he know he will be paying out the cost of the car and he hasnt completed his end of the bargain/deal..
*- if he did complete the service prior to the damage the car shouldnt have been on the hoist
*- the car should have been kept safe... dodgy hoist/bad loading isnt your responsibility
*- if they did finish bthe service after the damage then they are fools and again shouldve known to stop.

*- maybe he should make some enqs as to his rights to have a replecement (eg hire) car during the time this dispute is on?, they have caused this delay and therefore are likely responsible to compensate him for the cost of transport in the meantime?

hopefully this mechanic will realise its time to swallow that debt ...

a photo of the front of the prems would be nice

[frantic]

Are there people that stupid to demand payments when they wrote the vehicle off? This sounds like a story ACA. an today tonight would love. Here's the headline :Car dealer wants to be paid to write customer cars off.!
Maybe he should try lr HQ. As this would be negative everywhere if it went public.

[RR P38]

Pretty bad case of negligence i would say.
The work shop should have to pay for the damage via their insurance the owners insurance if any will deal with this aspect of the claim.
I guess the workshop is within its rights to expect payment for the service, from a business perspective its not a good look though is it?
Would be better to say sorry and lets get the insurance sorted with a minimum of fuss.

If i was the owner i would be getting onto workcover and alerting them to an incident in a work place for a start, after telling the work shop i was about too.
Pay the service cost and start a small claims court proceeding for damages revolving around lost use of the vehicle.

[incisor]

gold


poor person at the center of it....

[d2dave]

2nd, I'd report the damage to Police, tell them you want this damage reported.

In Victoria if a person is not injured and the owner of damaged property is known, it is not a police matter.

Dave.

[Bigbjorn]

In Victoria if a person is not injured and the owner of damaged property is known, it is not a police matter.

Dave.

Insurance companies insist on a police report number to accompany the claim so report it anyway. Next thing, see your solicitor, and turn up at the dealership with the shyster and a tilt tray to take possession of your property. Make sure you have and use camera and recorder. Formal written notification should be given to the dealership that you hold them solely responsible for all and any damage and costs incurred including a hire car until the matter is resolved. Present them with an account to date to be paid in seven days. If not paid tell them you are about to put them into bankruptcy.

[bob10]

Just clicked on the link in the first post, interesting comments, the workshop is named, as well. Bob

[olbod]

Run a truck over his legs.