passnu2

iTrader: (33)

This is a total claim against their insurance. See if you can find out who they have for an insurance carrier and report the claim directly. I am sure they do not want the rates to go up! Its time for the dealer to suck up the loses for there mistake. I am surprised this does not happen more often at dealers.

Do they have cameras?? if so request or have the police request for the tapes!!

If this doesn't work then its time to hire an attorney!

Sorry to read about this and wish you the best with everything.

Mike

phillygs3

iTrader: (5)

This happened to someone I know but it wasnt a dealership it was a tire company the tire company gave him kbb price. it is there fault for leaving the keys in the car so dont let them get away with this i would call a lawyer rite away

DHRP

iTrader: (2)

I'm surprised a Lexus dealership would even treat you in this manner. They should be bending over backwards to make you happy. I wonder if you had your 3G GS stolen the attitude towards the situation would be different...

k.r.e.a.m.

You need an attorney now! Yes, your insurance should cover your car being stolen. If you put in a claim with your insurance company then your financial recourse is limited to KBB price (totaled). Nothing wrong with going that route. However, putting in a claim with your insurance company does not address your personal pain or suffering. If you want to recover some pain and suffering or (punitive) funds then you have to file a lawsuit against the Dealership and their insurance company. Yes, the Dealership DOES have insurance that covers ALL vehicles on their lot. Once you turn your vehicle over to them for repair they are FULLY/LEGALLY responsible for your vehicle.

Now I’m not one for frivolous lawsuits....but it would seem that on its surface this dealership was grossly negligent and at full fault for your vehicle being stolen since they are responsible for its safety while it was in their possession. IMO, you have grounds for legal recourse. I would sit down with a local attorney and see what your full options are based on your state insurance laws governing commercial & consumer service companies. GL bro!


**I am not an attorney but I did play one on CL!

paradox

This is an unfortunate situation for you, and I am sorry that you have to experience it. There are some really great suggestions here... I guess at this point you've already notified your insurance. If you have full coverage, they can do the payout for the total, and go back to the dealership's insurance and recoup. I would deal with the dealership first, though, since you have that opportunity available, and your options are more limited going thru your insurance. First, do some homework and go in prepared. Print out the estimated value of your car from KBB and NADAguides and take those with you. Be aware of Edmunds' value, but keep that to yourself; they are conservative in their estimates. Also, make an itemized list of the possessions in the car, as well as your upgrades and both their purchase cost as well as current market value, to the best of your ability. In addition, place a value on the rental cost of a car ($25/day or so) as well as the value of your time lost. By that I mean possible wage earnings lost from taking days off etc. Be honest, but creative too - don't be too conservative. Here's what you're trying to establish, and the dealership knows this.... it's not just the market value of the car that needs to be reimbursed, but the other intangibles associated with it, and while you'll get nowhere near that, it legitimizes a much more potent figure than the base offering they'll present to you. It starts you off in a better bargaining position, so to speak. Causally let them know that you've spoken with your lawyer, and he thinks this would be would be very promising to follow up with... Don't make any firm statements, just drop a few tantalizing hints, to start off with. Also, mention that Lexus Corporate would be shocked to find out that an established and credible dealership is engaging in this type of behavior i.e. delay tactics, lowballing etc. Let it slip that you have access to many individuals across the state and country on public forums and will reiterate ad infinitum your shocking experience with them, and their lack of security as it pertained to your car, as well as their unsatisfactory customer service. If I'm not mistaken, you can file grievances with your State Attorney General's office. So, what you're in essence doing here is presenting yourself as an intelligent, well informed individual who is well aware of industry tactics, and unfazed by them. You are attempting to intially discuss settlement in good faith, but is committed to follow up with legal assistance if not satisfied. Don't take their first offer if you feel it is unjustifiable, and don't sign any settlement papers if you're unhappy. This is just the starting step, no matter what the appearance is. Also, these guys are professional, and you must be too. At the risk of appearing to make a patronizing statement (which I'm not, believe me), dress well, be well groomed and speak professionally, but be firm and set limitations in your mind as to how much concessions you are prepared to make. Also know that it costs the dealership money for court appearances, so they want to settle at this level without having to traverse that route. They'll incur at least another $5K just for a lawyer to make a court appearance (at least in GA), on top of the damages you'll be awarded, so they want to avoid that, and settle here. That's the reality; they way they will present it to you will be grossly different.
Conversely, they might be very fair in their assessment, and meet you at a point amenable to you both, but honestly, I doubt that. Good luck, say a prayer and stay strong. Don't appear weak or conciliatory; you are in one in control of this transaction, not them.

ADD: I just saw c.r.e.a.m's post and those are some very good comments in there... use the term dealership negligence liberally during your conversation.

V8RdnLow

iTrader: (14)

I would have expected more from a dealership.

scooter58

iTrader: (2)

Wat A ****ty Lexus Dealership..

trusso

I would go to the dealer, speak to the GM/owner and let them know you'll be speaking to your attorney, newspapers and TV stations (consumer advocate department) and not necessarily in that order.
Then ask if it's standard for them to keep the keys in the cars while they are in for service.
Bad press for their negligence in this soft market is much worse than the difference they need to make up in car cost. Plus the dealership would have 1++ attorneys working on it times $???/hr....

I smell a new 460 coming !!!

MrG4Life

iTrader: (14)

Foolishly this is something that some places like JiffyLube have their customers do. When I used to take my old car there, they had drivers leave the car in line with the keys in the ignition.




One of the key things in your unfortunate situation is documentation. I hope by now that you have at least a police report. Anything in writing that someone in the dealership gave to you during your time is something that you should keep as proof that you the your car were there. This can become a hairy situation and you wanna have as much information and proof as possible. So far the dealer appears to have acknowledge that the car was stolen off their property but having as much relevant information will assist you in case things become difficult. And last, good luck.

gsCrazy

iTrader: (1)

GO GET A LAWYER ASAP!!!

There is obvious neglect here. The theft of the car from the lot with the keys in its ignition was foreseeable especially if the fence was low enough for someone to climb it. And then I am assuming the gate was not locked so that the culprit was able to drive out. Why was the gate not locked? The dealership has an obligation to keep your property safe and they blatantly did not. Do not let them hassle you around and do not take less than fair compensation along with compensation for time lost, emotional distress and any other incidental damages.

CALL A LAWYER!!!

sleeper408

iTrader: (6)

Wow..... you are very calm in this type of event. I would have went nuts already. The car was stolen because of their negligence.... Fine. But they had the opportunity to show that they were very sorry and downright ashamed that it happened by making things right. They messed up big time and had the opportunity to resolve the issue. No loaner car and not being in constant contact with you? Now they are negotiating with you?!?! They are showing their true nature and how much they do not respect and appreciate their customers. Please post the name of the dealership so that other members here do not give them any business.

igoslow

I'm not much for lawsuits either. I am going to contact my insurance now that the GM says that is the route we have to take. I'm happy with just getting cost of my car and personal belongings... If insurance does not cover personal effects the GM says he will.

What sucks is I just did timing belt, water pump, front l/r wheel bearings, f/l ball joints, ac condenser.. what a pain... And all those are consider wear and tear on my old 180k beater.. :*(**

EN_VY

I would definitely get some legal advise ASAP. Any lawyers here that could help?

LexFather

To the OP, sorry to hear this. I think its great you are trying to handle it with the dealership first and then go up the ladder to corporate.

As stated, for anything punitive, you will need a lawyer. The dealer will say they offered u the $2,000. As stated the dealer clearly has insurance.

Is this the only Lexus dealer in town?

racinstyle

You better get a lawyer, before those sales managers swindel you out of what you are due.