2005 - 2014 MustangsDiscussions on the latest S197 model Mustangs from Ford.
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This is clearly a case of negligence on their part. The dealers Technician left your car in gear without the brake on. There is no liability on your part regardless of the remote starter feature. If the guy was going to bring the car around there's no need to remote start it anyway.
The only acceptable outcome here is for the dealer to replace your car with another of the same year and options, or newer. If they are a good dealer they should give you a 2010 GT as a replacement. The fact is they've probably got a bunch on the lot that aren't selling because everyone is waiting for the 5.0 next year. Hopefully you can salvage some of your mods, or at least the wheels.
I wish you the best in this, but you should defiantly fight for a replacement. Since your car was underwater is will now have a water salvage on the title and be close to worthless. In the extreme you might have to sue the dealer and file a claim with the BBB. Consider calling your local TV or newspaper for a little media coverage. Nothing scares businesses into doing the right thing like bad publicity.
Best of luck, and let us know what happens.
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You can contact your insurance company and tell them you want to subrogate. This means they will pay your claim minus your deductible. Then your insurance company will collect from your Ford dealers insurance for you. After they are paid you will get your deductible back.
The main benefit to subrogation is your insurance company (and their legal team) deals with your dealers insurance company. You also don't have to wait to get your car repaired or replaced. Usually a check will be cut right away.
Sorry this happened to you. I've had to subrogate twice in my life and it's the only way to handle another insurance company imo.
Can't the hook up be wired to the neutral position only or at least when the E-brake is engaged.
As far as legal means, that car has no business being left without the E-brake.
On a manual, it's not a I should, it's a I MUST.
So you have grounds to sue the dealer on that alone.
Good luck. Hope it all goes your way.
Anyway, OP, I think it's time to change your user name...
i don't post a lot but i had to on this one. first talk to a attorney. but don't tell the dealer you talked to one. just wait to see what there offer is. most likely it will be some kind of low ball cash offer. that's when you tell them you are going to get a attorney there offer will go up from there. and remember you will not get a super new and top of the line mustang from them. but if it's cheaper for them to give you a new gt then it is for them to pay there law firm and end up paying you and your lawyer. they just might give you a deal. but don't sign or do anything till you talk to a lawyer.
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