Dealer mechanic collision with another party.

hmmwv79 · 06-15-2018, 10:26 AM

The mechanic had the collision when he was testing my car, another party(lady) suddenly drive out from the driveway., the mechanic couldn't completely stop. Hit the left rear corner of Minivan. Police report state at her fault. All repair will cover by her insurance company.

Does the engine survive?

The car was sitting at the dealer shop for 3 weeks until dealer and her insurance company's trouble. Now finally the dealer dropped the car to the body shop. When I went to the body shop, at fault's party insurance company guy investigate the damage. It will be fully fixed.

I have loaner car from BMW dealer on the first day of the accident. Now BMW dealer asked to me return the loaner car and get the rental car if you have rental reimbursement coverage.

I think I should get a rental car from fault's party insurance company.

Please advise. Thank you!

BMW dealer in CA. 2014 435i. Factory warranty will expire on July. We are 2nd owner, CPO purchased from other BMW dealer.

Michael Schott · 06-15-2018, 10:34 AM

It's all about whatever the car insurance laws are in CA. Are you a party to the at fault person's case in this matter? Or is between her and the dealer?

hmmwv79 · 06-15-2018, 10:44 AM

I was not even in the car. Mech vs another lady. The police report said some violation 21804 A by another party not by mech.

IK6SPEED · 06-15-2018, 11:19 AM

Quote:

Originally Posted by hmmwv79

I was not even in the car. Mech vs another lady. The police report said some violation 21804 A by another party not by mech.

Was your car, no matter the driver. No different than if the other party’s car was being driven by someone else other than the owner.

California is considered a fault state, so other party is responsible. So yes the other person’s insurance should pay. You should contact them directly.

However, I would add that in this case, with the mechanic was working for Dealer, I think it’s pretty shitty that they are telling you to go get rental instead of allowing you to use the loaner.

I would suggest you call General Manager and explain situation to him/her. Also suggest they charge the other person’s insurance for the rental of the loaner.

Quote:

Originally Posted by Michael Schott

It's all about whatever the car insurance laws are in CA. Are you a party to the at fault person's case in this matter? Or is between her and the dealer?

Technically, he agreed to let Dealership drive car when he signed the form dropping the car off. The case would be between him and other car’s owner.

He might have some type of lawsuit against Dealership, though I seriously doubt it. Most likely a court would rule against it as he gave permission to Dealership to drive car for testing. They usually protect themselves pretty well.

Now if Mechanic was driving his car to lunch, totally different.

Honestly, very little damage. Front bumper and grille. Less than $3k in damage most likely if hood wasn’t damaged. Hard to tell if lip of hood is bent or that is overhead light reflection. If hood damaged, less than $5k.

Wasn’t going that fast or more damage (including hood) and airbags would have blown.

MacklinUSOB · 06-15-2018, 11:24 AM

Sorry about your car dude. Make sure to get on them about diminshed value, in California you may need a third party inspector to assess and give their estimate of value loss to get a payout, but they aren't very expensive.

IK6SPEED · 06-15-2018, 11:45 AM

Quote:

Originally Posted by MacklinUSOB

Sorry about your car dude. Make sure to get on them about diminshed value, in California you may need a third party inspector to assess and give their estimate of value loss to get a payout, but they aren't very expensive.

Diminish value is virtually impossible on cosmetic damage as any reputable inspector will tell you.

hmmwv79 · 06-15-2018, 12:44 PM

There is small dent on the hood.

Quote:

Originally Posted by IK6SPEED

Was your car, no matter the driver. No different than if the other party’s car was being driven by someone else other than the owner.

California is considered a fault state, so other party is responsible. So yes the other person’s insurance should pay. You should contact them directly.

However, I would add that in this case, with the mechanic was working for Dealer, I think it’s pretty shitty that they are telling you to go get rental instead of allowing you to use the loaner.

I would suggest you call General Manager and explain situation to him/her. Also suggest they charge the other person’s insurance for the rental of the loaner.

Technically, he agreed to let Dealership drive car when he signed the form dropping the car off. The case would be between him and other car’s owner.

He might have some type of lawsuit against Dealership, though I seriously doubt it. Most likely a court would rule against it as he gave permission to Dealership to drive car for testing. They usually protect themselves pretty well.

Now if Mechanic was driving his car to lunch, totally different.

Honestly, very little damage. Front bumper and grille. Less than $3k in damage most likely if hood wasn’t damaged. Hard to tell if lip of hood is bent or that is overhead light reflection. If hood damaged, less than $5k.

Wasn’t going that fast or more damage (including hood) and airbags would have blown.

hmmwv79 · 06-15-2018, 12:46 PM

Body shop already start fixing the car after 3 weeks later..... covered by at fault's party insurance.

I am not comfortable about returning loaner. I will talk with GM.

Quote:

Originally Posted by IK6SPEED

Was your car, no matter the driver. No different than if the other party’s car was being driven by someone else other than the owner.

California is considered a fault state, so other party is responsible. So yes the other person’s insurance should pay. You should contact them directly.

However, I would add that in this case, with the mechanic was working for Dealer, I think it’s pretty shitty that they are telling you to go get rental instead of allowing you to use the loaner.

I would suggest you call General Manager and explain situation to him/her. Also suggest they charge the other person’s insurance for the rental of the loaner.

Technically, he agreed to let Dealership drive car when he signed the form dropping the car off. The case would be between him and other car’s owner.

He might have some type of lawsuit against Dealership, though I seriously doubt it. Most likely a court would rule against it as he gave permission to Dealership to drive car for testing. They usually protect themselves pretty well.

Now if Mechanic was driving his car to lunch, totally different.

Honestly, very little damage. Front bumper and grille. Less than $3k in damage most likely if hood wasn’t damaged. Hard to tell if lip of hood is bent or that is overhead light reflection. If hood damaged, less than $5k.

Wasn’t going that fast or more damage (including hood) and airbags would have blown.

IK6SPEED · 06-15-2018, 12:52 PM

Quote:

Originally Posted by hmmwv79

Body shop already start fixing the car after 3 weeks later..... covered by at fault's party insurance.

I am not comfortable about returning loaner. I will talk with GM.

Suggest to GM they charge her insurance for Loaner car for 3+ weeks (or a month before it’s returned.)

Win. Win.

MacklinUSOB · 06-15-2018, 01:35 PM

Quote:

Originally Posted by IK6SPEED

Diminish value is virtually impossible on cosmetic damage as any reputable inspector will tell you.

I'm sure it's not ever possible without an attempt.

IK6SPEED · 06-15-2018, 01:42 PM

Quote:

Originally Posted by MacklinUSOB

I'm sure it's not ever possible without an attempt.

I am 100% positive of my statement that cosmetic damage is denied. Must have replaced more than a bumper (or hood). Damage parts has to be still on car which changing out bumper (and hood) would not be any longer.

Carfax and it’s bogus info is no longer considered a factor.

Ask me how I know

Some of the less reputable third party Dimished Claim Inspectors will tell you what you want to hear to get your $250 for a report.

MacklinUSOB · 06-15-2018, 01:45 PM

Quote:

Originally Posted by IK6SPEED

I am 100% positive of my statement that cosmetic damage is denied. Must have replaced more than a bumper (or hood).

Ask me how I know

As I am 100% of mine. I am sorry for your bad experience, hopefully OP isn't left with the same.

hmmwv79 · 06-15-2018, 01:46 PM

Let's see how the bodyshop estimate once tearing apart.

Quote:

Originally Posted by MacklinUSOB

As I am 100% of mine. I am sorry for your bad experience, hopefully OP isn't left with the same.

hmmwv79 · 06-15-2018, 01:47 PM

Since all the process cover by at fault's party insurance, does my car will have carfax history? ....

Quote:

Originally Posted by IK6SPEED

I am 100% positive of my statement that cosmetic damage is denied. Must have replaced more than a bumper (or hood). Damage parts has to be still on car which changing out bumper (and hood) would not be any longer.

Carfax and it’s bogus info is no longer considered a factor.

Ask me how I know

Some of the less reputable third party Dimished Claim Inspectors will tell you what you want to hear to get your $250 for a report.

IK6SPEED · 06-15-2018, 01:51 PM

Quote:

Originally Posted by hmmwv79

Since all the process cover by at fault's party insurance, does my car will have carfax history? ....

Hit and miss.

Some Insurance report. Others do not.

Carfax also pulls from public records, if there is a police report for example.

A Car I sued to have purchased back because of issues did not. Dealer was upset after the Manufacture sold to them unaware of History. Contacted me for some info and I told him. They then legally had to tell potential buyer.

hmmwv79 · 06-15-2018, 01:54 PM

Well. They ask me using my insurance.

Quote:

Originally Posted by Jrboulder

Sounds like the dealer wants the other party's insurance to pay for the loaner as a rental. Not an unreasonable desire but they should do the legwork.

hmmwv79 · 06-15-2018, 02:01 PM

Ouch. Police report has my record...

vooonoo · 06-15-2018, 05:07 PM

In CA if the collision were the mechanics fault would the shops insurance cover the bill or yours? Just curious

IK6SPEED · 06-15-2018, 09:00 PM

Quote:

Originally Posted by vooonoo

In CA if the collision were the mechanics fault would the shops insurance cover the bill or yours? Just curious

Depends on what the work order states that you sign when dropping off car to have work performed.

Imagine the other driver could sue both parties.

Would think the owner would still be the primary Insurance as the owner gave Dealer permission to drive.

However I suspect you or your Insurance could file suit against the Dealer.

hmmwv79 · 06-15-2018, 09:36 PM

Quote:

Originally Posted by IK6SPEED

Depends on what the work order states that you sign when dropping off car to have work performed.

Imagine the other driver could sue both parties.

Would think the owner would still be the primary Insurance as the owner gave Dealer permission to drive.

However I suspect you or your Insurance could file suit against the Dealer.

My case was 100% another party's fault.

IK6SPEED · 06-15-2018, 09:56 PM

Quote:

Originally Posted by hmmwv79

Quote:

Originally Posted by IK6SPEED

Quote:

Originally Posted by vooonoo

In CA if the collision were the mechanics fault would the shops insurance cover the bill or yours? Just curious

Depends on what the work order states that you sign when dropping off car to have work performed.

Imagine the other driver could sue both parties.

Would think the owner would still be the primary Insurance as the owner gave Dealer permission to drive.

However I suspect you or your Insurance could file suit against the Dealer.

My case was 100% another party's fault.

Not saying it wasn't.

Reread what I posted a reply to.....a hypothetical.

paul e · 06-16-2018, 10:22 AM

Go through your insurance, they will or should bill back the other insurance company.

This is why you have insurance....let your company do its job.

I was hit in the rear bumper a few years ago in my Passat, the other driver was at fault. I had rental coverage at $50/day, his company had $35/day. So I went through my company and got the $50, they went after the other company for reimbursement. Easy-peasy and zero effort on my part.

Again, let your company do the work.

06-15-2018, 10:26 AM	#1
hmmwv79 New Member 3 Rep 24 Posts Drives: 328i 2012 Join Date: Jun 2013 Location: Santa Clara CA iTrader: (0)	Dealer mechanic collision with another party. The mechanic had the collision when he was testing my car, another party(lady) suddenly drive out from the driveway., the mechanic couldn't completely stop. Hit the left rear corner of Minivan. Police report state at her fault. All repair will cover by her insurance company. Does the engine survive? The car was sitting at the dealer shop for 3 weeks until dealer and her insurance company's trouble. Now finally the dealer dropped the car to the body shop. When I went to the body shop, at fault's party insurance company guy investigate the damage. It will be fully fixed. I have loaner car from BMW dealer on the first day of the accident. Now BMW dealer asked to me return the loaner car and get the rental car if you have rental reimbursement coverage. I think I should get a rental car from fault's party insurance company. Please advise. Thank you! BMW dealer in CA. 2014 435i. Factory warranty will expire on July. We are 2nd owner, CPO purchased from other BMW dealer. Attached Images Last edited by hmmwv79; 06-15-2018 at 02:05 PM.. Reason: Attached file
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06-15-2018, 10:34 AM	#2
Michael Schott Colonel 343 Rep 2,118 Posts Drives: 2017 VW GTI Sport Join Date: Dec 2007 Location: Farmington Hills, MI iTrader: (0)	It's all about whatever the car insurance laws are in CA. Are you a party to the at fault person's case in this matter? Or is between her and the dealer?
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06-15-2018, 10:44 AM	#3
hmmwv79 New Member 3 Rep 24 Posts Drives: 328i 2012 Join Date: Jun 2013 Location: Santa Clara CA iTrader: (0)	I was not even in the car. Mech vs another lady. The police report said some violation 21804 A by another party not by mech.
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06-15-2018, 11:24 AM	#5
MacklinUSOB Captain 518 Rep 891 Posts Drives: f30 328i 6MT Sport Join Date: Jan 2017 Location: Connecticut iTrader: (0)	Sorry about your car dude. Make sure to get on them about diminshed value, in California you may need a third party inspector to assess and give their estimate of value loss to get a payout, but they aren't very expensive. __________________ 328i RWD \| MW on CRed Slick Top \| 6MT \| BM3 \| MPE \| GPlus FMIC \| CSF Radiator \| Millway Street Camber Plates & Monoballs \| KW V2 6k/18k Swift Springs \| F80 LCA/TS \| SPL Bump Steer Kit \| APEX SM-10 \| R-S4 \| DS2500 \| RBF600 \| SS Lines \| Past: E36 328is & E38 740i
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06-15-2018, 02:01 PM	#17
hmmwv79 New Member 3 Rep 24 Posts Drives: 328i 2012 Join Date: Jun 2013 Location: Santa Clara CA iTrader: (0)	Ouch. Police report has my record...
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06-15-2018, 05:07 PM	#18
vooonoo ¯\_(ツ)_/¯ 537 Rep 1,000 Posts Drives: f30 328 Join Date: Nov 2017 Location: nj iTrader: (0) Garage List 2014 f30 328i [0.00]	In CA if the collision were the mechanics fault would the shops insurance cover the bill or yours? Just curious
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06-16-2018, 10:22 AM	#22
paul e Captain 420 Rep 842 Posts Drives: 340i xDrive 6MT Join Date: Oct 2015 Location: South Carolina iTrader: (0)	Go through your insurance, they will or should bill back the other insurance company. This is why you have insurance....let your company do its job. I was hit in the rear bumper a few years ago in my Passat, the other driver was at fault. I had rental coverage at $50/day, his company had $35/day. So I went through my company and got the $50, they went after the other company for reimbursement. Easy-peasy and zero effort on my part. Again, let your company do the work.
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