newgsman

iTrader: (4)

Don't want to debate the firing but I do think there is a huge difference between going 100mph and going 128 mph on the street. You might see guys fly by you at 100mph but when a guy flies by at 128 it can be down right scary... I would never think a guy flying by me at 128mph is in a rush, I would definitely think that he knows he's doing something he knows he shouldn't be doing.

specie

iTrader: (1)

If it really means that much to you, you should try to call the dealer and find out who the tech is and then try to find him a new job. Or send him the couple hundred bucks to hold him over until his new livelihood is found. That would be much more effective than trying to convert everyone's perspective on here that's not in accord with yours.

RedlineAZ

iTrader: (5)

The employee did take responsibility for his actions, if he was a total scumbag he would've denied it to the grave or tried to blame the Dash Cam GPS for being incorrect in its speed estimation or something, but the guy openly admitted his wrong doing. I've seen judges and police officers have an extreme amount of mercy on those that admit their faults, so much that they even dismiss tickets in court over it.

The purpose of me approaching the dealer that way was to reiterate to them that I don't value a free warranty or a refund in service over another persons career. I wanted to make it clear to them that I am the only victim here, and they aren't going to chose the outcome of my circumstance for me - or just like you said, why would I approach them otherwise? My intentions were to use it as a training tool, and it was, and everyone was spared their jobs and life went on with a little more vigilance from the employees through a minor slap on the wrist. What does it benefit anyone in this situation but the OP to call the dealer and loom the video above their head if the employee still gets fired, the dealer still suffers loss in business because its listed online now, and the OP is in negotiations about what type of compensation he wants...all while no one REALLY suffered any monetary or physical loss here but the dealer and the tech because of the OP's manner in which it was handled, when instead NOBODY could've lost anything. The dealer would've resumed business as usual, their reputation wouldn't be tarnished online, the tech would've learned a valuable lesson and could've maintained employment, and the OP could've forgave them for taking his sweet baby to 128mph (which realistically caused him no harm to the vehicle just bruised his ego a bit).

I spent the money at the dealer, I chose them to service my vehicle, I chose to have a dash cam installed in my car, and I chose to get offended about what I saw (which otherwise would've never came to light if I didn't fish around looking for trouble), so I chose how to handle it and it was done on my terms. If the dealer didn't respect that, then they would've lost more then an employee over it, they would've lost my business, and I would've made some money on my monetized youtube account by posting it online, but that wasn't my intent. I am EXTREMELY confident if this would have been approached by telling the dealer that he saw dash cam footage of the car being driven pretty fast, and that he wanted to just let them know so it doesn't happen again, without specifically escalating it by saying the tech has no regards for property, or life and that he needs them to make it right, that they would've maybe written him up and called it a day.

Yes, but fortunately for all of us the law doesn't punish us for what could've happened, but rather for what DID happen. Which in this situation was excessive speeding. Every time one of us switches lanes without a signal, crosses the speed limit by even 5-10mph, or sends a text message while driving, we are all just as guilty as the tech that sped on a feeder road. None of those offenses are less likely to cause death to anyone else, yet they are all illegal and everyone of us is guilty of at least ONE of them.

What a terrible place this world would be if someone threw the book at us every time we screwed up.

adpock

interesting debate. we thought front page would be interested as well...
https://www.clublexus.com/articles/c...y-dealer-tech/

flowrider

iTrader: (9)

The OP was a heartbeat away from this happening:

https://www.clublexus.com/forums/is-...aled-is-f.html

Lou

I8ABMR

The responses here are a little extreme. We all do wild crap in our ISFs .Not saying the guy was right but it might be a little overboard to have the guy fired when there was no damage and the car can handle the speed. In my opinion the guy should be reprimanded but firing the guy is a little ruff. I personally would have been happy with next free service and a personal apology from the tech and manager.

Just think of how you slow down after a cop pulls you over and still lets you go. Sometimes you dont need the ticket to learn the lesson.


PS If you havent broken 120 mph in your ISF..........what the hell are you waiting for ?! It takes seconds and is better than coffee. LMAO.

Gville350

iTrader: (10)

This happened to an acquaintance of mine with his Evo VIII at a local dealership of his. The datalogger the dealership obviously had no idea he had installed captured excessive boost spikes and rpms exhibited during the "test drive" after repairs were performed. In this case the dealership tech denied having done anything wrong, though the owner showed a log of the day's events.

All in all, the employee was fired and the owner was compensated for his troubles. Was told he couldn't discuss it in detail; but was told they took care of him.

Honestly, I fully agree with the firing of the employee; better to do this and show the other techs what happens when you break the rules or end up with a lawsuit on your hands.

paul29

Tech got himself fired, and it is a good thing that he was, imo it is a lesson to the rest of the staff at that dealership . If that type of behavior is condoned they will all be out of work because of one idiot.

ISFPOWER

iTrader: (20)

dealerships dont always pay for damages/car if they crash it. you have to read the papers you sign when bringing it into service. some examples..

corvette crash

http://consumerist.com/2006/12/28/de...ompensate-him/


diminished value case camaro ZL1

http://gmauthority.com/blog/2014/01/...ccident-watch/


subaru dealer crashed wrx and wont pay for damages

http://forums.nasioc.com/forums/show....php?t=2698393






another good example is my best friend brought in his car to firestone for a brake job. they took it on a test ride and it got totaled. since it was the other drivers fault, her insurance paid for the car but the service advisor said, if their own mechanic drove it and crashed, it would of been a toss up of who would of paid for it. just remember to read the papers you sign.

I8ABMR

WOW I didnt think it was like that. I was always under the impression that the dealership had to have insurance for techs who are driving these cars. Therefore one would assume they would cover any and everything if there was damage . Especially with todays social media. Bad news spreads FAST !

4TehNguyen

iTrader: (1)

these are bad examples: the vette and WRX got replacement vehicles, and the ZL1 case the employee took the car for a joyride when the dealer was closed on a sunday, which is a criminal act by the employee not under work hours. I dont see why the dealer has to pay for that. You'll have to go after the employee personally.

flowrider

iTrader: (9)

Because whether during working hours or not, the employee is still an agent of the dealer. He also has access to where the car was parked, and he had access to the keys. Therefore the dealer was negligent in not properly securing the vehicle.

Lou

lobuxracer

iTrader: (2)

Spot on. I did not surrender my vehicle to the employee, I surrendered it to the dealership. They can do whatever they deem necessary to recoup their losses, but their negligence in controlling access to the car I entrusted to them is pretty clear and they are culpable for any damage not present when the car was given to them for service.

vbb

iTrader: (3)

It's called a bailment, and yes, that is correct. If you give your property to another for a specific purpose and for a specific amount of time without transferring ownership, certain liabilities attach to the transfer. In this case, the OP gave his car to the dealership for repair work, and during that temporary transfer of possession the understanding was that the dealership would do the work it contracted to do. While you would have nearly an impossible time holding them responsible for something like your car getting broken into and your stuff stolen off of their lot (unless you could prove that they basically allowed it to happen), you CAN hold them liable for something such as what happened here. Their employee was their agent and had limited authority to act on behalf of the company, and through a theory of respondeat superior, that employer is responsible for the actions of its employee.

But really, this is less about lawsuits and suing people and more about what should and shouldn't have been done. Everyone agrees that the tech was definitely in the wrong for taking a 128mph joy ride in the OP's car. The only difference of opinion seems to be over whether or not the OP should have notified management. I appreciate those that are trying to look at the big picture, and saying it's not worth getting someone fired, and I also appreciate the fact that some people take personal possessions wayyyyyy too seriously. I don't know whether to chuckle or be horrified at the people who say things like "if I saw someone breaking in to my car, I'd SHOOT THEM DEAD!!! Talk about overreaction. But I digress.

The point is that even though it's okay to have a soft spot for some dumb kid who had a terrible lapse in judgment, the OP absolutely should have reported this, and then let management govern themselves accordingly. That tech earned his termination. Not only was it illegal, but it opened up a huge level of exposure to the dealership, and even if they didn't fire him for this isolated incident, they definitely had to get him the heck out of there in case he was dumb enough to try something like that in the future. Think about it... if that guy was still employed there and took someone else's car out for a crazy joy ride and ran into someone else injuring or killing them, that would be a huge liability on the dealership's behalf. They had notice that this guy was a loose cannon and they didn't do a thing about it. It was a "gots to go" situation. Hopefully the kid learned his lesson.

NSXGuy

Brian, which dealership do you go to and who's the master tech?