Re: [gti-vr6] Something to think about.

[Arthur Emerson <emerson@eideti.com>]

deecee@exit109.com wrote:
> 
> Whenever you bring you car in for repairs VW or Independent shop are you
> asked to sign the work order before any repairs are done?

Yes, that little contract thingy with all of the terms and conditions
printed on the back in light colored lettering on an even lighter 
colored paper.  How successful would anyone be in getting their vehicle
serviced if they tried to amend that contract at the service desk?

> Anyway heres the predicament. The GTI was totaled and the lease expired 4
> days after the accident. The customer sates that the Service advisor didn't
> have permission to road test the car. I had heard a rumor that she was
> coming back after cashing her paycheck. The insurance company for the
> dealership wants her insurance to cover the accident.

I'm not a lawyer, and I don't pretend to be one on the Internet. 
However,
one has to ask what would have happened if a truckload of New Beetles
backed into it in the parking lot and did the same damage?  How about
if somebody found out about the little dealer's secret of hiding the
keys over the visor, and stole the car from the lot?  Does that contract
waive the dealer's responsibility for the security and damages to the
vehicle while in the custody of the dealer?  Even so, the dealer
would have to prove that they weren't negligent in causing the damages.

My take on this whole thing is that the vehicle was in the custody
of the dealer.  As an employee (agent) of the dealership, the
service advisor took the car out for a road test.  (Picked up her
kids at school, cashed her pay check, ran 14.972 @ 93 MPH at the
drag strip while the regional VW rep took pictures, whatever happened.)
There are two parties at fault here, the dealership and the employee.
The dealership took possession of the vehicle, and has the ultimate
responsibility to return it intact.  The dealership is also responsible
for the actions of their employees.  The second party at fault is the
employee, who was personally negligent for abusing the customer's
vehicle as an agent of the dealership.  The dealership has the ultimate
responsibility of returning the vehicle to the customer, and is also
responsible for the actions of their agents.  So, the dealership
(or their insurance) owes the customer a car immediately.  The
dealership
then needs to determine whether their agent acted appropriately, and
to seek the cost of the car from the employee if there are grounds.

It is wrong for the dealership and their negligent agent to point the
finger at eah other, while the customer is without a vehicle.  The
dealer should write the check for the damages, and then try to recover 
them the employee if she was indeed negligent. This finger-pointing
could go on for years, and the customer's life and credit will be
screwed up the whole time if somebody doesn't take responsibility.

Like I said, I'm not a lawyer, and I don't have the contract to 
review.....

- -Arthur