1esquire

Here's the short version:

My wagon has been at the dealer's bodyshop since 12/5 following an accident. Estimate called for 8 or 9 days of labor. Dealer said it would take a month to complete and be done the first or second week of January. Since that date, it's been delay, delay, stall, no calls, etc. Finally, car is done (the same week I have to turn it back in due to lease expiration). Total days at shop = 70 calendar days, (50 work days) (47 excluding holidays). To me, keeping a car for 47 work days to complete 8.8 days of labor is clearly excessive. My damages? basically, in my opinion, my last month's lease payment, which I paid to "rent" the car but couldn't drive due to their excessive delay in repairing my vehicle (all told, I paid for December, January and February, but only drove the vehicle 5 days during that time). Dealer has offered nothing but apologies. When I asked them to write off my $500 deductible, they said no way, and they would hold the car and not return it to the manufacturer for lease turn in unless I paid the money. I was the sole cause of the accident, so there is no other person to go after.

I basically have to pay the $ to get the car turned in, which is fine, so I don't rack up charges with my leasing company. On the flipside, for $35 I could take them to small claims court on a breach of contract theory to try to recover my lost use of the vehicle after the date on which it was supposed to be done (or a reasonable date thereafter by which it should have been done).

Any thoughts?

SMG353

I say take it to court. From what you're saying, you have a case against them. Take them to court, for your loss of manthly payments,for every month that it was in the shop past the written contract due date. If you lost any tiem off work, due to not having your car to be able to get to work( past the contract date ), and also check your milage to see it was the same as when you brought it in.

There are alot of factors that play a roll. You need to look at everything before you bring them to court. As long as you can prove 100% your case and reason, then do it. Everythign seems to be in your favor.

Heelsonwheels

That stinks, but,
Sounds like you're stuck...pay your deductible and turn it in...You didn't elaborate on the damage or repair, and I'll take you word that it was too long to complete..I just wouldn't do anymore collision business with them. Unfortunately, when a car is laid up from an accident, we still have to pay. I don't see what you're after... fees for a rental for 2 weeks? They don't owe you, your deductible or monthly lease payment. Although it suks, what's your time worth?
my .02

Bimmer32

Was the accident your fault or the other party?

If the other party is at fault, get a lawyer and sue the other party (insurance companY) for damages in lost wage (your lease) and personal injury (if any).

If the accident is your fault, you really don't have a case against the dealership because they can say delays due to back order parts, which is out of their control. You will have to prove that they dragged their feets which can be difficult and time consuming.

Let's be reasonably practical.

1esquire

They billed 71 hrs of labor, but had the car for 47 business days (excludes holidays and weekends). So they had the car for about 400 hours of open, workable time to complete 71 hours of work. Even if you said "oh, the parts were delayed by 2 weeks), they still should have had it done w/in, say six weeks of the accident.

In my opinion, they bagged the job, sat it on the back of their lot and forgot about it, which cost me at least an extra 4 weeks of lease payments.

They really have no excuse for taking 10 weeks to perform 2 weeks worth of work. They've offered nothing but apologies at this point.

houbmw

instead of taking them to court, why dont you talk to BMWNA and see what they can do or even talk to the manager at the dealership. If that fails, then I say you just pay you fee's and get it over with and do not drag it out any further. just my 2 cents.

1esquire

Thanks. Just so everyone knows, this was with my Volvo, NOT BMW, so I don't want anyone to think this is a BMW issue.

I spoke to Volvo US, but they aren't interested because the body shop is not considered the same thing as the sales/service center (even though they are the same dealership).

Thanks all, in the end I may just move on, but for $35 and 3 hours of my time, I could go to small claims court and at least have someone hear my case.

bruce_miranda

If do you sue, make sure it is for $54 million

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