Dealership drove my car into a pond. FMYLIFE....Dealer Response
03-31-2010, 03:25 PM
#172
Mish-ogynist
Join Date: Nov 2007
Location: Helena, MT
Posts: 3,780
Wow.. I can't believe i accidently the whole thing.
Good info in here.. would recommend to family and friends.
I think the dealership should offer him a great deal on a 2011 5.0
but they shouldn't be responsible for his faulty installation.. no matter what button was pushed. if my car is on level ground and i decide to set the parking brake i give it a half assed pull.. its not going anywhere.. on a steep incline? sure ill pull it as far as I can... ofcourse I have an auto, but i'm sure many manual drivers do the same thing.
Good info in here.. would recommend to family and friends.
I think the dealership should offer him a great deal on a 2011 5.0
but they shouldn't be responsible for his faulty installation.. no matter what button was pushed. if my car is on level ground and i decide to set the parking brake i give it a half assed pull.. its not going anywhere.. on a steep incline? sure ill pull it as far as I can... ofcourse I have an auto, but i'm sure many manual drivers do the same thing.
04-01-2010, 10:32 AM
#173
2nd Gear Member
Join Date: Mar 2008
Location: NJ/PA
Posts: 330
As unfortunate as this story is, we should all learn the lesson from it instead of blaming the dealer. The outcome could have been much much worse! Sometimes when we really want something we lose out common sense... This is a good reminder...
04-01-2010, 01:07 PM
#174
3rd Gear Member
Join Date: Mar 2006
Location: New Hampshire
Posts: 854
Here I am, breaking my promise to myself about not posting on these threads *sigh*
04-01-2010, 08:43 PM
#175
S197 Section Modder-ator
Join Date: Sep 2007
Location: Orlando FL
Posts: 13,373
04-02-2010, 12:06 PM
#177
1st Gear Member
Join Date: Jun 2007
Location: Portland, Oregon
Posts: 91
1) If the OP did not inform the dealership and the dealership did not have prior knowledge of the RS system, the OP must carry the responsibility in this case. He is lucky the dealership is not coming after him or his insurance company for their damages. He installed the system knowing that the car could be started in gear. He then gave the car to someone to operate (the dealership) without informing them of a potential hazard that could cause damage or even death. The argument that the dealership is at partial fault because they did not set the e-brake is no argument at all. The dealership staff could not foresee that an e-brake not being fully set in this circumstance would cause any damage due to an unknown installed RS system. If they would have parked it on a hill and it began to roll down the hill due to no e-brake, then they would be at fault for not properly securing the vehicle. However, this is not the case here. Even if they were hitting the red button to locate the car, it is not an unreasonable thing to do and does not shift liability onto the dealership (ford FOB or not). Like one post stated in standard RS system instructions, the system should have been disabled prior to letting the dealership take position for maintenance. What if a mechanic would have had his hand in the motor area when the red button was unintentionally pressed? This is the reason for disabling the system prior to any maintenance.
2) If the OP would have informed the dealership that the car had an aftermarket RS system, the dealership would be fully liability:
a. dealership should have verified that the system was disabled prior to accepting the car for service. This would have made the improper install of the RS system irrelevant and would have protected the dealership and its employees from a foreseeable and potential hazard.
b. If the dealership accepted the vehicle with the RS system enabled, they are accepting responsibility for understanding how the system should operate. Even if the RS system was installed without the neutral safety feature, the dealership did not park the vehicle in accordance with safe parking practices for manual vehicles with RS systems.
3) If they did have knowledge of the RS system, the dealership is responsible for the towing, rental car, and the actual vehicle value. They should also step up and offer a good deal on a new vehicle if the OP wants to buy a new one.
4) If I were the OP, I would buy back the car from the insurance, if it is cheap enough, and make a race car out of it. Strip out that interior, put in a roll cage, get it running right and mod away.
2) If the OP would have informed the dealership that the car had an aftermarket RS system, the dealership would be fully liability:
a. dealership should have verified that the system was disabled prior to accepting the car for service. This would have made the improper install of the RS system irrelevant and would have protected the dealership and its employees from a foreseeable and potential hazard.
b. If the dealership accepted the vehicle with the RS system enabled, they are accepting responsibility for understanding how the system should operate. Even if the RS system was installed without the neutral safety feature, the dealership did not park the vehicle in accordance with safe parking practices for manual vehicles with RS systems.
3) If they did have knowledge of the RS system, the dealership is responsible for the towing, rental car, and the actual vehicle value. They should also step up and offer a good deal on a new vehicle if the OP wants to buy a new one.
4) If I were the OP, I would buy back the car from the insurance, if it is cheap enough, and make a race car out of it. Strip out that interior, put in a roll cage, get it running right and mod away.
Last edited by bynumj; 07-07-2010 at 10:39 AM. Reason: added notification, typo
04-03-2010, 05:27 PM
#178
Cut & Paste Expert
Join Date: May 2007
Location: NW Arkansas
Posts: 13,322
Has anyone here gone out to their car and found the trunk open? It happens sometimes when the button gets pressed just being in your pocket. What if the owner set off the remote start in this same fashion when a mother was pushing a baby carriage in front of it?
THE SYSTEM SHOULD NOT HAVE BEEN INSTALLED THIS WAY.
I finally made it take 2 presses within 2 seconds instead of one
press to open the trunk. Problem solved.
My TRUNK button is BLUE...
and it has a picture of a vehicle with the trunk open on it...
WTF did the dealership even have the remote key fob?
Wont the fricken key alone open and start the vehicle
enough for them to service it?
Is this new fangled remote start key fob a status symbol
of you rnewly found fortune and it must be displayed at
every chance?
Once again, you handed them a loaded gun and didnt
tell them it was loaded.
Last edited by 157dB; 04-03-2010 at 05:35 PM.
04-03-2010, 10:14 PM
#179
1st Gear Member
Join Date: Oct 2009
Location: AL
Posts: 60
I may be the minority, but after reading both sides of the story.. I gotta say, I agree that it is NOT the dealers fault or responsibility.
Why would you bypass th safety system on a REMOTE START in a MANUAL car. First, I wouldn't even take the chance.
But if the owner of the car installed it bypassing the safety, the E-Brake was up and the remote start button was actually the unlock button on the key-pad... then how is it their fault?
Blaming the dealership would be the same as blaming them for you messing up the install of you car stereo and it catches fire because they turned on the radio. Again, not their fault.
It would be nice if they would recognize the impact on the owner of the Mustang, and possibly offer them an incentive to purchase another car from them... but to accuse the dealership of any wrong doing I think is completely wrong.
You live and learn from your mistakes... the install of the remote start system was a mistake, and the owner will live and learn.
Why would you bypass th safety system on a REMOTE START in a MANUAL car. First, I wouldn't even take the chance.
But if the owner of the car installed it bypassing the safety, the E-Brake was up and the remote start button was actually the unlock button on the key-pad... then how is it their fault?
Blaming the dealership would be the same as blaming them for you messing up the install of you car stereo and it catches fire because they turned on the radio. Again, not their fault.
It would be nice if they would recognize the impact on the owner of the Mustang, and possibly offer them an incentive to purchase another car from them... but to accuse the dealership of any wrong doing I think is completely wrong.
You live and learn from your mistakes... the install of the remote start system was a mistake, and the owner will live and learn.
04-03-2010, 10:31 PM
#180
3rd Gear Member
Join Date: Mar 2008
Location: Texas
Posts: 552
How can a DEALERSHIP that SELLS MUSTANGS be incapable of differentiating between a remote start and the keyless entry they've sold and used numerous times to move, test drive, service, etc. Mustangs? I'm pretty sure those guys knew it was a remote start. You'd be completely naive to think a dealership could get that mixed up for a product they know inside and out.