Dealership crashed Mini during test drive
Update (wow, 2 in one day!)
Just finished a discussion with the GM of the dealership.
The car is now considered totaled which is great news and simplifies things considerably.
He is also now spearheading the whole 'make it right' process, which should hopefully streamline things and end up with me sitting in something comparable to what I had.
Next update should be tomorrow - this is definitely an interesting way to spend the holidays!
--Terminal
Just finished a discussion with the GM of the dealership.
The car is now considered totaled which is great news and simplifies things considerably.
He is also now spearheading the whole 'make it right' process, which should hopefully streamline things and end up with me sitting in something comparable to what I had.
Next update should be tomorrow - this is definitely an interesting way to spend the holidays!
--Terminal

Hope it all goes well for you and you get the car you really want after having driven the one you had and wishing that it had this-that-or the other thing the factory had to offer.
Update (wow, 2 in one day!)
Just finished a discussion with the GM of the dealership.
The car is now considered totaled which is great news and simplifies things considerably.
He is also now spearheading the whole 'make it right' process, which should hopefully streamline things and end up with me sitting in something comparable to what I had.
Next update should be tomorrow - this is definitely an interesting way to spend the holidays!
--Terminal
Just finished a discussion with the GM of the dealership.
The car is now considered totaled which is great news and simplifies things considerably.
He is also now spearheading the whole 'make it right' process, which should hopefully streamline things and end up with me sitting in something comparable to what I had.
Next update should be tomorrow - this is definitely an interesting way to spend the holidays!
--Terminal
Get what you deserve!
Congratulations, I hope they give you a great deal on something you really want!
I don't know if this is the case with your dealer, but mine shares a lot and a building with BMW... I'd be pushing for a great price on a 335i or something. In fact, they have a 2000 M5 on the lot right now... maybe I'll take my car in for service and hope for the worst
I don't know if this is the case with your dealer, but mine shares a lot and a building with BMW... I'd be pushing for a great price on a 335i or something. In fact, they have a 2000 M5 on the lot right now... maybe I'll take my car in for service and hope for the worst
Terminal, it's starting to feel like the dealership was trying to get an estimate high enough to allow the car to be totaled by their insurance company allowing the dealer the best opportunity to put you in a different car. At this point I am impressed with the dealer in spite of the time it is taking. I hope I am correct in my feeling and that you come out of this with a replacement car you like. Keep us posted.
Terminal, it's starting to feel like the dealership was trying to get an estimate high enough to allow the car to be totaled by their insurance company allowing the dealer the best opportunity to put you in a different car. At this point I am impressed with the dealer in spite of the time it is taking. I hope I am correct in my feeling and that you come out of this with a replacement car you like. Keep us posted.
Great news! That car never would have been the same after the repairs.
Hopefully they can find you something you want really fast and make it a very merry Christmas for you! Good luck and keep us posted.
Hopefully they can find you something you want really fast and make it a very merry Christmas for you! Good luck and keep us posted.
Just how it should have worked out, IMO. I don't think there's any way to get around the, "how are we going to get this guy to accept a car with a carfax?" There's just no way to make that case...
Can't wait to see what you get.
Can't wait to see what you get.
Having your own lawyer is not a lame threat. I would still have one to sue the dealership for this whole mess, PERIOD !
Get a new car and $ in your pocket ! Better than your insurance will ever get for you.
Get a new car and $ in your pocket ! Better than your insurance will ever get for you.
Sounds like they are trying to do the right thing by you. Make sure they follow through.
IANAL, but I did take a couple of business law classes in college. First, remember that this is BUSINESS (it's not personal). You may have a great relationship with this dealership, and even with the technician who wrecked your car. But you have been damaged, and they need to "make you whole" again.
The relationship you have with the dealership is legally called a bailment -- where you (the bailor) transferred possesion of your property to the dealership (the bailee). Since this bailment was to be to the mutual benefit of both parties (you get a repaired car, they get $$), they are required to exercise reasonable care with your property.
I don't care if it is a no-fault state or not, if a motorist rear ends another vehicle that motorist IS at fault. That collision is either caused by following too close, excessive speed, or distracted driving. Neither of those fall under "reasonable and prudent" operation. The technician was either negligent or careless. The distinction means nothing to you.
Like I said... It sounds like they are trying to do the proper thing. But in the process of "making you whole", YOU must be satisfied with the outcome. I'm sure you have already decided what that should be.
Now, if I was the dealer, I'd be embarrassed by this incident. And I'd be bending over backwards to restore my good will (BTW: In the business world, good will actually has a monetary value, so it's kind of important).
Glad you are not going to be stuck with a damage history car. Keep letting us know how it's working out.
IANAL, but I did take a couple of business law classes in college. First, remember that this is BUSINESS (it's not personal). You may have a great relationship with this dealership, and even with the technician who wrecked your car. But you have been damaged, and they need to "make you whole" again.
The relationship you have with the dealership is legally called a bailment -- where you (the bailor) transferred possesion of your property to the dealership (the bailee). Since this bailment was to be to the mutual benefit of both parties (you get a repaired car, they get $$), they are required to exercise reasonable care with your property.
I don't care if it is a no-fault state or not, if a motorist rear ends another vehicle that motorist IS at fault. That collision is either caused by following too close, excessive speed, or distracted driving. Neither of those fall under "reasonable and prudent" operation. The technician was either negligent or careless. The distinction means nothing to you.
Like I said... It sounds like they are trying to do the proper thing. But in the process of "making you whole", YOU must be satisfied with the outcome. I'm sure you have already decided what that should be.
Now, if I was the dealer, I'd be embarrassed by this incident. And I'd be bending over backwards to restore my good will (BTW: In the business world, good will actually has a monetary value, so it's kind of important).
Glad you are not going to be stuck with a damage history car. Keep letting us know how it's working out.
Last edited by trwxxa; Dec 20, 2012 at 03:16 AM.
Thanks for the posts guys!
Yes, I'm still driving the loaner until I get a replacement vehicle. The process of getting the replacement might take a bit since I have a few options I'm set upon that seem a bit rare in California (ie manual transmission).
Next step is getting the final value for the car from the insurance company - that should be this afternoon. Then it will be time to go shopping!
--Terminal
Yes, I'm still driving the loaner until I get a replacement vehicle. The process of getting the replacement might take a bit since I have a few options I'm set upon that seem a bit rare in California (ie manual transmission).
Next step is getting the final value for the car from the insurance company - that should be this afternoon. Then it will be time to go shopping!
--Terminal
I'm hoping for some ideas/suggestions as to things I should do during this experience.
After over two months of service my Mini was wrecked during it's final test drive by a technician.
I took a look at it today, and authorized them to take it to their body shop to estimate the damage.
It was a 2007 Cooper S that just had a ton of out of warranty work done on it (timing chain, head work, etc.), along with a replacement of the temperature sensor and some other odds and ends.
Assuming that they don't just call it totalled and write me a check for the KBB value, what are my options? I know if it's repaired it's still going to be considered a crashed vehicle and that it's value has plummeted.
Any thoughts would be appreciated. So far (and during the repair process), the dealership has been good, so I'm running under the assumption they aren't trying to screw me, but want to make sure that I'm taking care of my interests as well!
Thanks,
Terminal
After over two months of service my Mini was wrecked during it's final test drive by a technician.
I took a look at it today, and authorized them to take it to their body shop to estimate the damage.
It was a 2007 Cooper S that just had a ton of out of warranty work done on it (timing chain, head work, etc.), along with a replacement of the temperature sensor and some other odds and ends.
Assuming that they don't just call it totalled and write me a check for the KBB value, what are my options? I know if it's repaired it's still going to be considered a crashed vehicle and that it's value has plummeted.
Any thoughts would be appreciated. So far (and during the repair process), the dealership has been good, so I'm running under the assumption they aren't trying to screw me, but want to make sure that I'm taking care of my interests as well!
Thanks,
Terminal
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Thanks for the posts guys!
Yes, I'm still driving the loaner until I get a replacement vehicle. The process of getting the replacement might take a bit since I have a few options I'm set upon that seem a bit rare in California (ie manual transmission).
Next step is getting the final value for the car from the insurance company - that should be this afternoon. Then it will be time to go shopping!
--Terminal
Yes, I'm still driving the loaner until I get a replacement vehicle. The process of getting the replacement might take a bit since I have a few options I'm set upon that seem a bit rare in California (ie manual transmission).
Next step is getting the final value for the car from the insurance company - that should be this afternoon. Then it will be time to go shopping!
--Terminal
So work with them and stick to your guns if it is a logical stance. I wanted a realistic dollar amount and kept at it and got it.
Lowball
Just received my low-ball offer from the insurance company today of a whopping $14,200 - including a sales tax adjustment.
Somehow this seems low, I was expecting around $16,000 before sales tax.
I also realize that people can carry a certain amount of emotional investment in their vehicles worth - anyone care to drag me back to reality here :
2007 Cooper S (Pepper White)
58k Miles
Excellent Condition (Stored in garage)
Manual Transmission
Sports Package
Technology Package
Premium Package 2
And, for comp purposes the area code is 92553 (SoCal woo!)
Incidentally I have yet to hear back from the dealership as to if they've found a comparable car for me yet. This isn't surprising given that I couldn't find anything close on their online inventory system. Hopefully the holiday delays in settling with the insurance company will allow some more interesting stock to come in!
As always, thanks guys!
--Terminal
Somehow this seems low, I was expecting around $16,000 before sales tax.
I also realize that people can carry a certain amount of emotional investment in their vehicles worth - anyone care to drag me back to reality here :
2007 Cooper S (Pepper White)
58k Miles
Excellent Condition (Stored in garage)
Manual Transmission
Sports Package
Technology Package
Premium Package 2
And, for comp purposes the area code is 92553 (SoCal woo!)
Incidentally I have yet to hear back from the dealership as to if they've found a comparable car for me yet. This isn't surprising given that I couldn't find anything close on their online inventory system. Hopefully the holiday delays in settling with the insurance company will allow some more interesting stock to come in!
As always, thanks guys!
--Terminal
I think you have been very nice and allowed them the time needed without pushing.
IMHO you need to say 1 thing .. "NO"
I posted on page 2 that you car should be about 15K
you should be getting something priced at about 18 to 20K
That would put the dealer in a low or no profit on the replacement and should hopefully be acceptable to yo.
Actually ... I would hold out for a bit more . maybe the 18 to 20 value car or even more both with with maintenance (& maybe to be able to request a different service tech )
IMHO you need to say 1 thing .. "NO"
I posted on page 2 that you car should be about 15K
you should be getting something priced at about 18 to 20K
That would put the dealer in a low or no profit on the replacement and should hopefully be acceptable to yo.
Actually ... I would hold out for a bit more . maybe the 18 to 20 value car or even more both with with maintenance (& maybe to be able to request a different service tech )
On KBB, they spit out $13,425 Exc. cond. private sale 58K miles as specced above.
I agree you should get more as they shouldn't expect you to track down a similar
replacement on your own, and their selling price for a MINI similar to your own used
(if they have one available) is likely to be a good grand or two above that KBB value.
I agree you should get more as they shouldn't expect you to track down a similar
replacement on your own, and their selling price for a MINI similar to your own used
(if they have one available) is likely to be a good grand or two above that KBB value.
Bought my 2007 mcs in Oct,2011 for $16,800 from a Mini dealer near chicago. My Mini had 42,000 miles (1 owner) on it when I bought it as well as 14 months left on the 5 year maintenance plan. My car is well optioned with 6 speed manual, leather, cold weather package, simulated wood steering wheel with radio/cruise controls on it, sunroof, and brand new tires. No scratches/dents and all maintenance records as the car was serviced by the dealer I bought it from and it was traded on a new mini S.
Not sure how this compares with your car and remember, it's now 14 months older. Additionally, it's 2 model years older now since it was 2011 when I bought it vs 2013 now. Just wanted to offer up my experience to give you a benchmark!!
Good luck, Ron
PS- I must have got one hell of a deal if your car is still worth $18-$20k at this time, as suggested above.
Not sure how this compares with your car and remember, it's now 14 months older. Additionally, it's 2 model years older now since it was 2011 when I bought it vs 2013 now. Just wanted to offer up my experience to give you a benchmark!!
Good luck, Ron
PS- I must have got one hell of a deal if your car is still worth $18-$20k at this time, as suggested above.
Last edited by RSchleder; Dec 21, 2012 at 08:27 PM.
Dealership crashed Mini during test drive
A search on Auto Trader, within 50 miles of my zip code, returned 21 2007 MCS's.
Both private party and dealer, 30 to 85 thousand miles, 14,888 to 19,995.
Hope this helps...
Both private party and dealer, 30 to 85 thousand miles, 14,888 to 19,995.
Hope this helps...







