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Does this count as performance?

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ArmyMP

ArmyMP

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As Shadowpapa stated, the fine print on most work orders will absolve the dealership of vandalism on their property, not right but very common shucking of responsibility while in their possession.
Owners insurance and with your deductible coming out of your own pocket.
Shitty.

This is factually wrong. It's always covered in a dealers/mechanics/Shops liability insurance due to you leaving your vehicle in their care, control and custody.

Just because something is written down on paper does not mean it is legally binding.
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I’d be asking if it was just your truck or did other vehicles on the lot get the performance upgrade ??
as far as liability.. in the bay covered, if it’s outside they may be required to provide reasonable security.That’s not to say they are liable if someone keys your truck or steals your cat or rims and tires… it’ll depend on where you live what insurance they carry and how the policy is written. I’ve had this happen with a boat and the shop did replace what was taken. They didn’t have to but they did it to keep a customer happy and the business reputation intact.
 

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As Shadowpapa stated, the fine print on most work orders will absolve the dealership of vandalism on their property, not right but very common shucking of responsibility while in their possession
You know just because you write "not responsible for lost or stolen property" it doesn't mean that's actually true right? Writing things doesn't make them legally binding. Otherwise everyone would just put a bumper sticker on their car that says "I'm allowed to speed"

The vehicle was in the care and possession of the dealership. Their insurance is responsible, just as it would be for any other vehicle in their possession.
 

Wheelin98TJ

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I had a vehicle broken into while on the dealer lot.

The dealer covered everything.
 

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The dealership will cover it a lot of times because they have such high deductibles and they want to keep customers happy. Like previously stated, they don’t necessarily have to cover it. Depends on a lot of factors…. I’ve also seen a lot of cases where an insurance claim is filed by the customer and then the two insurance companies flight it out.
 

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Wonder if the diesel cat is more vulnerable to theft than the gas. Assuming this was a diesel JT.
 

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This is factually wrong. It's always covered in a dealers/mechanics/Shops liability insurance due to you leaving your vehicle in their care, control and custody.

Just because something is written down on paper does not mean it is legally binding.
Yeah, but sometimes they'll try with the "not responsible............" bit and if something happens, they'll try to point to that fine print.
They (some businesses) know most consumers will walk away thinking gee, they are right, we didn't read that part.

I've found you often have a "friend" in your own insurance company. They don't want to pay, they know who is responsible and I'm sure my agent would help in any process.
Start with the dealership - you will find out how honest they are pretty fast.
Maybe I'm lucky with my agent and insurance. If the dealer gave me crap, I'd chat with my agent and they'd sick their people on it.

At any rate - it can be looked at as "they had control of your vehicle, where it was and the security of their establishment".
This wasn't "an act of God" where there are a lot of other fine print, it wasn't civil unrest.
 
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Wonder if the diesel cat is more vulnerable to theft than the gas. Assuming this was a diesel JT.
There are 2 cats. Front(engine bay) and Mid(right under passenger foot well).

Everything is vulnerable to a Sawzall or angle grinder.
 

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There are 2 cats. Front(engine bay) and Mid(right under passenger foot well).

Everything is vulnerable to a Sawzall or angle grinder.
And with the cordless or battery powered saws and grinders with a HF cut-off wheel you can do it fast and cheap. I bet there's only a couple of minutes or so involved.
Sad but it's reality - scrap from these, and even aluminum, brings big bucks.
I sold an aluminum bumper and old TV antenna (not a lot of aluminum there but worth a couple of bucks) and got over 40 bucks. If I were smart I'd have saved every Eagle and Concord bumper I could get my hands on as 20 of them would be worth almost a grand.
 

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Yeah, but sometimes they'll try with the "not responsible............" bit and if something happens, they'll try to point to that fine print.
They (some businesses) know most consumers will walk away thinking gee, they are right, we didn't read that part.

I've found you often have a "friend" in your own insurance company. They don't want to pay, they know who is responsible and I'm sure my agent would help in any process.
Start with the dealership - you will find out how honest they are pretty fast.
Maybe I'm lucky with my agent and insurance. If the dealer gave me crap, I'd chat with my agent and they'd sick their people on it.

At any rate - it can be looked at as "they had control of your vehicle, where it was and the security of their establishment".
This wasn't "an act of God" where there are a lot of other fine print, it wasn't civil unrest.
Exactly. It’s a comprehensive claim so it shouldn’t effect your rates, so at first resistance file a claim with your insurance and let your insurance company subrogate the claim.
 

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I'm currently suing the dealership where my 2020 Punk'n was flood totaled while on their lot in September. My insurance paid out, but I loss my $500 deductible.

Usually, acts of God don't count. However, in my case the dealership moved all of their "for sale cars" (both new and used) off the lot just prior to the flood. They negligently left all of our "customer cars" on the lot to ultimately be destroyed. (My 5K mile truck had a water leak from the roof and was fully driveable.) They didn't even bother to call me to tell me to get my truck while they moved their stuff off the lot. They also refused to let me get my truck after the flood for 7 days. They claim they aren't responsible.

I had never used this dealer before and was sent to them by Jeep Cares. I later found out they flooded in 2018 and had cars float away down the river. So, they knew it could flood again. I've also learned that they agreed in August 2019 to a $219,000 Consent Order with the State Department of Law and Public Safety for illegal and deceptive business practices. (Misrepresenting that dealer installed options are mandatory when they are not, misrepresenting that security deposit would not be cashed and sale transaction was refundable- then cashed the check and refused to return deposit, stating service contracts were free and then charging customers for the contract without disclosing the fees, advertising vehicles at a sale price and then refusing to sell unless the customer agrees to an additional $2000 more, failing to transfer title at time of sale or record customer's name on the title, etc., etc.,)

So, based on principle, I decided to file a suit for my deductible. Ultimately, I believe the public should know how dealers treat your property and dealers should be held accountable. Then everyone can make an informed decision of whether to use that dealer or not. The lawsuit will be a public document for others to be informed.

Anyway, the written "not responsible for your property" is a great scare tactic. If they did in fact take the same care with your vehicle as their own, they may be off the hook. That's what insurance is for. However, if they pushed your truck (while waiting for parts to come in) to a dark, hidden corner of the lot where their cameras just happen to not cover, and there are holes in their fencing, they probably have an issue. They need to take REASONABLE measures to protect your property like they do for theirs.

I wish the OP luck. As for me, I plan to share more of my ordeal once I have my day in court. :like:
 

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I'm currently suing the dealership where my 2020 Punk'n was flood totaled while on their lot in September. My insurance paid out, but I loss my $500 deductible.

Usually, acts of God don't count. However, in my case the dealership moved all of their "for sale cars" (both new and used) off the lot just prior to the flood. They negligently left all of our "customer cars" on the lot to ultimately be destroyed. (My 5K mile truck had a water leak from the roof and was fully driveable.) They didn't even bother to call me to tell me to get my truck while they moved their stuff off the lot. They also refused to let me get my truck after the flood for 7 days. They claim they aren't responsible.

I had never used this dealer before and was sent to them by Jeep Cares. I later found out they flooded in 2018 and had cars float away down the river. So, they knew it could flood again. I've also learned that they agreed in August 2019 to a $219,000 Consent Order with the State Department of Law and Public Safety for illegal and deceptive business practices. (Misrepresenting that dealer installed options are mandatory when they are not, misrepresenting that security deposit would not be cashed and sale transaction was refundable- then cashed the check and refused to return deposit, stating service contracts were free and then charging customers for the contract without disclosing the fees, advertising vehicles at a sale price and then refusing to sell unless the customer agrees to an additional $2000 more, failing to transfer title at time of sale or record customer's name on the title, etc., etc.,)

So, based on principle, I decided to file a suit for my deductible. Ultimately, I believe the public should know how dealers treat your property and dealers should be held accountable. Then everyone can make an informed decision of whether to use that dealer or not. The lawsuit will be a public document for others to be informed.

Anyway, the written "not responsible for your property" is a great scare tactic. If they did in fact take the same care with your vehicle as their own, they may be off the hook. That's what insurance is for. However, if they pushed your truck (while waiting for parts to come in) to a dark, hidden corner of the lot where their cameras just happen to not cover, and there are holes in their fencing, they probably have an issue. They need to take REASONABLE measures to protect your property like they do for theirs.

I wish the OP luck. As for me, I plan to share more of my ordeal once I have my day in court. :like:
You taking them to small claims court? Unless you’re going pro se, it doesn’t make a bit of financial sense, but I respect your principles and I hope you come out on top.
 

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You taking them to small claims court? Unless you’re going pro se, it doesn’t make a bit of financial sense, but I respect your principles and I hope you come out on top.
Yes, small claims. I have an attorney. Its not always about the money.
 

NC_Overland

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Yes, small claims. I have an attorney. Its not always about the money.
Gotcha. My last attorney I had to hire for a fairly straightforward real estate transaction gone bad, was a $5k retainer and things went ok, but that $5k was gone in no time and it ended up costing me more than that. Sucked too because I didn’t get it back, it just kept me from losing money from a shady individual. In the end, I would have came out about the same and there would have been a whole lot less stress if I’d accepted it and walked away, but I did it out of general principle.

So I get it, just trying to offer a friendly word of caution.
 

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Its not always about the money.
That's how I feel, too.
If that had been my business, depending on the warning available, time available and so on, one course of action would been to have alerted all employees/staff of the need to move vehicles out of harm's way. I'd have asked perhaps one of the office staff to contact customers with vehicles there for repair and alert them of the "problem".
In among all of that, I'd have asked staff/employees if they knew of anyone who could help - if there was additional help available I'd put employees on moving customer vehicles while all others moved store vehicles. (I'd want only employees to move customer vehicles)
If while customers were being contacted any of them had vehicles they could quickly come and get - I'd see about making that happen.

I know it's easy to sit back and put together such plans - but I've been in situations of emergencies before - all hands on deck.
Then when it's all over, you thank all volunteers, anyone who worked their butts off to help save vehicles, by treating them to a dinner somewhere, even if it's at the store. (I had a retail store in Valley Junction, Iowa............ knowing the history of that area, especially in 93, you take certain warnings very seriously)
If you ever need them again, they'll know you will be thankful and any money spent on thanking them is small compared to potential losses.
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