-- Service Background --
Ever since I got my 2004TL, I have always had some rattling noise coming from my center console (the door to the upper storage bin is the problem). I took my car to the dealership a couple of times to try to get it fixed but they were never able to hear the noise and thus unable to fix the problem for me.

-- Event since 8/9/2004 --
Anyway, on 8/9/2004 I decide to take my car in again because it was making the noise plus the car itself felt a little sluggish. After an extended period the dealer called me and ask me to stop by and show them the problem (standard procedure). I did and they finally was able to hear the noise.

After showing them the problem, I left my car at the dealership and during which time, a hailstorm hit the Washington DC area and made a tiny dent on my hood.

-- What do I do? --
Usually I have my car stored at covered parking and thus the dent would never have been a problem. I was wondering if the dealer would be responsible for fixing my dent because:

1. It happened on their lot
2. Although it is natural disaster, it could have been avoided if they fix my problem right away

Please let me know your thoughts. I am finally picking my car up today (after 10 days for a small problem!!).

Thanks,
A/

 

May I ask, which dealership?

 

pohanka i'm sure ...

 

I think they should be responsible for the damage. Surely this has happend before.

In any case, I have only taken my TL in for service once. Looking at the invoice, it says "Subject to the terms and conditions on the reverse side of this invoice...", but there isn't anything on the other side of the paper. Not sure what's up with that. It wouldn't suprise me to see some verbiage saying "not responsible for damage caused by natural conditions".

Does the paperwork your dealer gave you have any such lingo? In my opinion, I think a statement wouldn't mean anything. The dealer should be responsible, especially if it's in their care due to a defect.

 

It takes 5 minutes and there is one across from Moore Cadillac in Tysons.

 

I don't think they will be held responsible due to the fact it was an act of God. If the dealership was negligent in any way, then that's another story. You could have just as easily picked up the car and was on your way home when the hail storm struck.

 

I think your right, I have heard of a case similiar in the past and the dealer was not held liable.

 

Have the Dealer get their Dent Repair Dude to fix it on the lot, and then you pay the dealer for their cost of the repair. Most delers get their dents fixed at a lower rate ($50-$75). That way, everybody helped to get the repair done. Even though they might not be responsible, I'm sure they would like to help you out. My dealer has always been there for me, yours should be as well.

 

Hey Azuki,

Sorry to hear about the dent. Hope the dealer will fix it. I have the same rattle problem with my center console storage. What did your dealer do to fix this noise? It's starting to bother me as well. Thanks.

 

Just so y'all wll know should the need arise, there are concepts in law called bailment. Suppose you take your car to a private under cover parking lot, park it yourself, and go on about your business. Then someone breaks in and attempts to steal your car. Is the lot responsible? No, they're not.

Now same basic scenario, however this time you either leave your keys or a valet takes your car and keys and parks your car. Is the lot responsible? Yes, they are.

Under bailment, when you leave your keys to your car there is an implied offer of protection and liability on their part, and it matters if they hve the infamous "Not responsible for..." sign posted. Same thing would apply for when you take your closes to cleaners for dry cleaning.

A hail storm, however, would probably be viewed as an Act of God and therefore outside of this. If not sure and the damage had been significant, a talk with a lawyer or insurance agent would be recommended.

 

Hey guys, thank you all very much for the response. Yes, it is Pohanka. I spoke to them today and they told me they will take care of me (which probably means at a lower cost). I guess an act of God is something that's hard to justify.

To: Willz, I think my dealer is replacing the parts, but they are still waiting for the parts. Please feel free to email me in a few days, I will give you update on this. Thanks.

A/

 

I can't see that one dent will be hard to fix or very costly. I had an SUV that received over 100 dents on the roof alone during a hail storm...that was costly. After paintless dent repair, however, you would never know it was damaged.

Make sure there aren't other dents, though. The paintless dent repair tech will use special lights to see all of the damage...make sure he answers to you and not the dealer. Hail damage can be nasty and sometimes hard to spot at first if the car is dirty, etc.

 

god is evil, worse than sadam. sadam never put a dent on nobody's car.

 

Yeah! After all, it SHOULD be their responsibility! After all, it was their idea to have a hail storm in the first place! RIGHT!?!?!?

 

Yes, in fact it WAS their idea. Why do you think we all bought Acuras in the first place?

Contribute legitimately or go away.

My POINT was that they have your car, and are responsible for it while have it. Whether they are responsible for acts of god or not is surely a matter of law. In any case, a respectable dealer will work with you.

 

Opps. After looking at SilverSpike's posts, I just realized I pet the Troll. Sorry.

 

Yup, bailment is the key issue - there is consideration (you are paying for a service) and acceptance (by the dealer). In essence, a small contract.

Now, if the car were damaged by someone dropping something on the hood, they would have to fix it, as this is a bailment for hire. In fact, I find it odd that only one dent occured froma hailstorm! How do you know it was not from something dropped at the dealer?

Anyway, make an easy deal - tell them you will pay for the PDR, but will pay their "wholesale" rate. Should not be more than $50.