Employee Of GM Dealer Wrecks ZL1 Camaro
Thread Starter
Senior Member
Joined: 01-24-2010
Posts: 472
From: MI
Employee Of GM Dealer Wrecks ZL1 Camaro
Last month an employee took a customers ZL1 Camaro for a joy ride from the service department, on a Sunday, and totaled it.
http://capegazette.villagesoup.com/p...71?cid=3514901
Here is the thread from Camaro5 forum:
http://www.camaro5.com/forums/showthread.php?t=333504
http://capegazette.villagesoup.com/p...71?cid=3514901
Here is the thread from Camaro5 forum:
http://www.camaro5.com/forums/showthread.php?t=333504
Senior Member
Joined: 02-19-2010
Posts: 1,529
From: Buffalo ny
I refuse to take my car to a dealership...this is just another reason not too...I mean I know my SS isn't a sports car...But I am willing to bet a pretty penny, that its faster than most of the cars on the lots....and some "oil technician" wants to take it for a ride
Deceased
Joined: 06-30-2010
Posts: 25,739
From: Kannapolis NC
It happens more often than reported, sometimes it's employees joyriding in a "Hot" car, sometimes it's a tech taking an innocent honest test drive when everything goes to crap.
The dealer is on the hook no matter how they and their Attorneys try to spin it. When the ZL-1's owner signed the work order, a Bailment was created.
A Bailment is defined as follows....
"The temporary placement of control over, or possession of Personal Property by one person, the bailor, into the hands of another, the bailee, for a designated purpose upon which the parties have agreed.The term bailment is derived from the French bailor, "to deliver." It is generally considered to be a contractual relationship since the bailor and bailee, either expressly or impliedly, bind themselves to act according to particular terms. The bailee receives only control or possession of the property while the bailor retains the ownership interests in it. During the specific period a bailment exists, the bailee's interest in the property is superior to that of all others, including the bailor, unless the bailee violates some term of the agreement. Once the purpose for which the property has been delivered has been accomplished, the property will be returned to the bailor or otherwise disposed of pursuant to the bailor's directions."
It would be in the dealership's best interests to replace the vehicle with one in "like or better condition", or compensate the owner for the full replacement value less any deprecation from the accumulated mileage on the totalled ZL-1.
The dealer is on the hook no matter how they and their Attorneys try to spin it. When the ZL-1's owner signed the work order, a Bailment was created.
A Bailment is defined as follows....
"The temporary placement of control over, or possession of Personal Property by one person, the bailor, into the hands of another, the bailee, for a designated purpose upon which the parties have agreed.The term bailment is derived from the French bailor, "to deliver." It is generally considered to be a contractual relationship since the bailor and bailee, either expressly or impliedly, bind themselves to act according to particular terms. The bailee receives only control or possession of the property while the bailor retains the ownership interests in it. During the specific period a bailment exists, the bailee's interest in the property is superior to that of all others, including the bailor, unless the bailee violates some term of the agreement. Once the purpose for which the property has been delivered has been accomplished, the property will be returned to the bailor or otherwise disposed of pursuant to the bailor's directions."
It would be in the dealership's best interests to replace the vehicle with one in "like or better condition", or compensate the owner for the full replacement value less any deprecation from the accumulated mileage on the totalled ZL-1.
Thread Starter
Senior Member
Joined: 01-24-2010
Posts: 472
From: MI
It happens more often than reported, sometimes it's employees joyriding in a "Hot" car, sometimes it's a tech taking an innocent honest test drive when everything goes to crap.
The dealer is on the hook no matter how they and their Attorneys try to spin it. When the ZL-1's owner signed the work order, a Bailment was created.
A Bailment is defined as follows....
"The temporary placement of control over, or possession of Personal Property by one person, the bailor, into the hands of another, the bailee, for a designated purpose upon which the parties have agreed.The term bailment is derived from the French bailor, "to deliver." It is generally considered to be a contractual relationship since the bailor and bailee, either expressly or impliedly, bind themselves to act according to particular terms. The bailee receives only control or possession of the property while the bailor retains the ownership interests in it. During the specific period a bailment exists, the bailee's interest in the property is superior to that of all others, including the bailor, unless the bailee violates some term of the agreement. Once the purpose for which the property has been delivered has been accomplished, the property will be returned to the bailor or otherwise disposed of pursuant to the bailor's directions."
It would be in the dealership's best interests to replace the vehicle with one in "like or better condition", or compensate the owner for the full replacement value less any deprecation from the accumulated mileage on the totalled ZL-1.
The dealer is on the hook no matter how they and their Attorneys try to spin it. When the ZL-1's owner signed the work order, a Bailment was created.
A Bailment is defined as follows....
"The temporary placement of control over, or possession of Personal Property by one person, the bailor, into the hands of another, the bailee, for a designated purpose upon which the parties have agreed.The term bailment is derived from the French bailor, "to deliver." It is generally considered to be a contractual relationship since the bailor and bailee, either expressly or impliedly, bind themselves to act according to particular terms. The bailee receives only control or possession of the property while the bailor retains the ownership interests in it. During the specific period a bailment exists, the bailee's interest in the property is superior to that of all others, including the bailor, unless the bailee violates some term of the agreement. Once the purpose for which the property has been delivered has been accomplished, the property will be returned to the bailor or otherwise disposed of pursuant to the bailor's directions."
It would be in the dealership's best interests to replace the vehicle with one in "like or better condition", or compensate the owner for the full replacement value less any deprecation from the accumulated mileage on the totalled ZL-1.
Last time I checked the forum there were over 1200 posts to the thread.
I'm sure not all the facts are posted on the thread, but it sounds like the dealer tried to sell him another ZL1, used, which was supposed to be comparable to the value of his, had 3000 miles than the other, did not provide any documentation about the car and add $4000.00 to the deal. Wifey found out on her own, car was in an accident and repaired at a Ford dealer. Seems like the dealer tried to bang him again not being forthright about the replacement vehicle. To me that is strike 2, huh?
It would be tough to trust anything this dealer offers at this point other than a new replacement ZL1 IMO.
Deceased
Joined: 06-30-2010
Posts: 25,739
From: Kannapolis NC
Hopefully the Attorneys the gentlemen has retained are on top of this as I imagine they are, unfortunately I'm not licensed to practice Law in his state, so my adressing points of the Law has to be limited in scope as it pertains to the matter.
I've skimmed the posts, and it's making for some interesting reading, heck you have to feel for him, personally I'd be absolutely sick.
This will drag on for months, especially when it involves litigation. The Court System moves at what seems a glacial speed to folks who work outside of it. But there are established rules of procedure that govern everything, from the initial filing to the final settlement.
I would be surprised if this is settled within a calendar year, unless the dealer does the right thing morally and makes full and satisfactory restitution.
I've skimmed the posts, and it's making for some interesting reading, heck you have to feel for him, personally I'd be absolutely sick.
This will drag on for months, especially when it involves litigation. The Court System moves at what seems a glacial speed to folks who work outside of it. But there are established rules of procedure that govern everything, from the initial filing to the final settlement.
I would be surprised if this is settled within a calendar year, unless the dealer does the right thing morally and makes full and satisfactory restitution.
Member
Joined: 02-10-2013
Posts: 57
From: Wildwood Pa
In the new Ford trucks, you can program keys to restrict the top speed of the truck. So, if you have a youngster that drives the vehicle, you can give them a key to the truck, but restrict the top speed to 50, or 30, or 20 MPH, whatever you feel they can handle.
I don't know if GM has something similar in new vehicles. It sure would come in handy while dropping your ride of at the Bowtie dealer for service. Give 'em a key & restrict it to 10mph. No joy rides!
I don't know if GM has something similar in new vehicles. It sure would come in handy while dropping your ride of at the Bowtie dealer for service. Give 'em a key & restrict it to 10mph. No joy rides!
Platinum Member
Joined: 05-09-2006
Posts: 6,805
From: "Upland" Mesa, Arizona
Interesting situation.
What I do find very interesting, after reading all the posts on the 2 links provided, is how wrong responding posters on the Camaro forum could be based on what the owner found after talking with an attorney.
While we have a "resident" attorney, and he clearly qualified himself, many of the self appointed experts who posted responses, couldn't be more wrong. Ranting???? ( not directed at members here ).
Reminds me of many other situations on other forums as well.
What I do find very interesting, after reading all the posts on the 2 links provided, is how wrong responding posters on the Camaro forum could be based on what the owner found after talking with an attorney.
While we have a "resident" attorney, and he clearly qualified himself, many of the self appointed experts who posted responses, couldn't be more wrong. Ranting???? ( not directed at members here ).
Reminds me of many other situations on other forums as well.
Administrator
Joined: 10-13-2011
Posts: 40,083
From: Welland,Ont Canada
I see this as all the blame could be placed on Ferris Beuler and the parking attendant, why any employee would think it is OK to take a joyride in a customers car is beyond me.
I can only hope this is resolved post haste to the satisfaction of the ZL-1 owners.
I can only hope this is resolved post haste to the satisfaction of the ZL-1 owners.
