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

[xjosh <xjosh@one.net>]

Sounds right to me. Let's get Wally's opinion! :)


At 10:28 PM 3/28/98 -0500, Arthur Emerson wrote:
>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
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> 
Josh
xjosh@one.net