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and how can some prick just think they can drive someone else car like that ... i mean no hot shot can think they can just get into anycar and test its limits on normal roads immediately and not expect that to happen ... thats just appalling ... imagine if word got out about what happened about that dealership ... they'd go out of business ... so expect them to give you a huuuuge payout .. if they don't threaten them with this and that ... go on tv ... they'd pay for sure ..

i'll let you guys know how this pans out, i hope my mate gets what he wants and i also a lesson is taught to those who perpetrated it all ...

as mentioned earlier, it does look suspisciously like a case of "stolen car" but im sure the service department will cover this by saying its a mandatory policy, and its probably in the fine print somewhere, and they will no doubt be insured for it.

but we'll see how it goes...

From the owners perspective, it's not theft. - The owner gave permission for the vehicle to be serviced by the dealer - that negates any theft claim he may have against any employee of that dealer. The Dealer however can come down like a tonne of bricks for doing something he wasn't supposed to. Yeah, he can try and sue them for dereliction of duty, but I wouldn't put my house on it that he would win - Negligence has to proved, before someone is liable. - There are many MANY ways they can prove they were not negligent.

Most (if not ALL) Car Dealers / Service Departments have a liability policy that is sometimes referred to as a "Care/Custody/Control" policy that they *SHOULD* be claiming under. This excess would be quite high, not to mention premiums going up - so naturally they would rather see the client lodge the claim and they refund excess etc - BUT THIS COUL WELL HAVE DETRIMENTAL LONG TERM IMPLICATIONS

I have sent a long email off to Paul giving him an insight of the industry and what he needs to keep in the back of his mind when he is "discussing" settlement - so I hope he can come out of this in as good a position as possible. I am sure Nissan Australia could find a suitable vehicle for him, if the dealer wanted them to get involved, which I reckon they would prefer NOT TO

I have been in similar situation with a dealer/manufacturer (and whilst the detail and execution was different, the result was basically the same). I took them on and won. It can be done - you just have to do it properly.

  • 2 months later...

you would've thought that insurance would've covered everything ay? i guess the modifications were not listed under the policy? perhaps a question that southo can answer....just another reason why you should'nt d!ck around with insurance policies...

if he goes through his insurance, he pays his excess, then the insurance comp. will chase the money back from the nissan dealers insurance company, when they receive their money he gets his excess back and doesnt loose points, they have to pay for it, there was no reason why the car had to be test driven, it didnt get brakes or clutch or anything like that, it was just an oil change, they shouldnt have taken the car out of the workship unless to park it

Similar story happened in in melbourne, where a guy took his brand new 2000ish model XR8 for the complementary first service.

Apprentice took it for a spin while the guy waited for his car to get serviced, thinking its part of the oil / filter change. Apprentice didnt show up, but the car was moulded nicely to the back of a truck.

If i ever get a car dealer serviced, im riding shot gun with the 'mechanic' or ill drive the damn car with him in it. Dont like it? dont service it.

All dealer services that i have seen or experienced are dodgy as. A dumb friend in his new 2nd hand VT commo, with the holden 3 year warranty thing ( as long as you dealer service it) was convinced they did a good job. Half the things that were ticked were not done and it was generally really dodgy.

My Mum got a VS commo for very cheap through a friend, ex company fleet car, dealer serviced etc. checked books and so forth, nothing was changed. The spark plug electrode was very corroded (120km will do that) and all the leads snapped bar the front one which was used to check the plug. Oil was like water, and the coolant was shithouse.

What are the conditions of servicing the car yourself for the new car buyers out there? i hear that if you use genuine parts (ie oil filer etc) its better if you make a claim. Can you take it to you r_trusted_ garage mechanic to service it yet still claim on warranty?

I am convinced that dealers like to see thier cars deteriorate with every service. I figure that they do more damage than good.

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