Glad to see all suggestions aligning with my thoughts. Tried the trade in talk and the GM is saying a 17K depreciation. Very frustrating 😕 So finding a lawyer.
Will certainly share the details of the dealer soon after this ordeal is over.

 

That's pretty arrogant on the part of the G.M. --- Did you have to remind him of WHY you're trading it in.... He offers you a 'Deal' where they make even more money.

 

I would talk to your lawyer about diminished value. If body panels are being cut then its going to affect the car. They should replace the car.

 

Geez, this is a horror story. You can probably get a replacement vehicle - a new car - but after all is said and done you will probably have to pay for the use you got out of the original vehicle that was damaged. I highly doubt that this dealer will hand over a new car identical to your damaged vehicle without cost. And you will also have to pay the attorney...The GM has ***** of brass asking you for an additional $17K for a replacement.

 

In addition to what has been said, I'd at minimum ask to see the car to gather evidence.
Better would have been a third party assessment.
Otherwise they can just fix (hide) everything and you have no way of fighting when it starts causing issues down the road.

 

I think two things need to be separated. The damage could have been done at any repair shop. Just because it was done at the dealer doesn't mean they need to give him a new car.

The OP's best arguement, IMO, is diminished value. Even if they fix the car perfectly, they owe the OP diminished value, which is a well-established insurance concept. Google it.

 

Let's not forget...this was the new car's first 5,000 mile, "free" dealer service check. That is about as much mileage as a "demonstrator" vehicle which would be sold with a full, new car warrantee. The service call was made because it is part of the Lexus purchase contract. The dealer is 100% responsible. Any suit to settle the claim should include "expenses" which include the lawyer's fees and costs as passed through the claimant. If nothing comes out of any legal action then the next step will be the local/regional media which almost always have a reporter/department specializing in helping "the little guy" out on these types of consumer affairs. Should, however, any settlement to the satisfaction of the car owner be reached, there would undoubtedly be an NDA clause included. If the dealership is smart they would settle quickly and use that as "proof" that they stand behind their customers (rather than on top of them).

 

Photos of the damage?

 

Don't know the circumstances but to me it would be just like any other accident that an insurance company handles which is a total pain. If employee was not authorized to drive to location, etc the dealer would need to take more responsibility. The dealer even still might make it more right because he can. If it was me I would trade out and see what they are willing to do. Nobody wins in this situation.

 

Circumstances: OP took his brand new Lexus in for its first service and the dealer did extensive damage to it while in their possession including having to weld frame pieces. I wouldn't take that car back under any circumstances.

 

When the service order is signed there is a lot of fine print that nobody reads. I agree it is a bad situation and hopefully the dealer will help whether he has to or not.

 

This damage repair will show on CarFax reports and will impact the resale value of your vehicle. Ask me how I know.

 

Correct and depending on what state you are in diminished value can be claimed but has to be asked for and the insurance co will have an appraiser determine the value. No matter how small the damage it appears on car fax and diminishes the car value. For minor damage to my car the appraiser gave me more than the Lexus dealer said they would decrease value.

 

It will be more dependent on the insurer. I owned a brand new 2019 Corvette Grand sport with 1100 miles on the odometer when a poor man driving a pickup truck emergency brakes failed. The car rolled down an incline into the passenger side and cause significant damage. Owner exchanged personal data with me. The vehicle was still drivable so I took the vehicle to my local Chevy body shop to get an estimate to repair. Chevy said there was 11K damage. I called the insurance company the other driver provided me (State Farm). Apparently this insurer is well known to screw all claimants. After negotiations between Chevy and State Farm, State Farm only agreed to offer $2,700 reimbursement and this was using used and questionable manufacturer parts. I told Chevy to effect the repair only using Chevy parts and I would pick up the added coast. When I sold the vehicle a year later nobody was will to pay book value as the car was "damaged" in an accident. The best I could come up with $10,000 less than book value on a vehicle that was in excellent shape with 9,000 miles on it. Everyone that made an offer indicated they has looked up on Carfax the car was repaired and they were not willing to pay book. I haggled with the State Farm insurer about this and they refused to compensate me for any diminished value.

 

Seems to me that if you took the car's acv (Actual Cash Value), and added the Diminished value to it, You would most likely have enough to buy a 2025 ES350 ultra outright. If the dealer ship tries to argue the car is worth less, they are shooting themselves in the foot. How much is a 2025 Lexus ES350 with 6 months and 5k miles on it? I am betting 35k to 50k depending on options. If you add even 10k to diminished value over the frame welding, that equals 45k to 60k. Well enough to purchase a new one with like options. The dealer replace the vehicle with new. If I was on a jury trial, that would be my position.