Question: My car dealer wrecked my two week old new car while it was in for service. What can I do?

September 29, 2005

Hey Tony

I just recently purchased a new 2004 car, well. I watched until I could get the car at a good deal way under invoice. Not sure if this was a good tactic or not but I feel I bought the car for about what it was worth.

Now my problem is that I took the car back to the dealership about 2 weeks after I bought it. It had some overspray or something on the paint that I wasn't able to wash off. They agreed to "clean up" the car for me.

I take it in and a few hours after they have it I get a phone call telling me one of their staff hit my car with another vehicle!

I really like my car, it is a Nissan Z. The dealership has been trying to be more than helpful, and major damage wasn't done, but did require paint and body work on the door and fender. I go to pick up the car and the body work was horrible. My salesman even pointed it out before I had a chance to say anything.

They are going to try to take care of it again, but now I'm wondering who in the world does their body work and is this a car i still even want?

I'm not sure what options I have. Do I have the right to get a different car? And if they agree to that they don't have any other new 04 Z's on their lot. I bought a new car, but now I have one that's been wrecked! How will this affect my car down the road as in value?

Any help or advice on what I should do would be wonderful. I'm not sure who to ask about what rights I have in this situation, other than a lawyer! The dealer has tried to be very appeasing to me so I don't know if I should wait or what!

Thanks,

Ryan

Answer:

Hi Ryan,

Every time they redo the paint and the bodywork the car will get worse. Even if they make it look good for now the paint won't hold up like the factory finish. Add more and more layers of paint and the longevity gets shorter and shorter.

Tell them that even though you bought an 04 it was still a new car and that's what you want. How did it get overspray on it in the first place anyway? Did they do other paint work on it before you even took delivery of it?

The problem is, as you say, they don't have any more 04s. Tell them to put you in an 05! You'll probably have to pay more, but at least you will have a new car again.

Tell them you'd hate to take them to court, call the Better Business Bureau to file a complaint and contact the state Attorney General's office over this. Tell them you would much rather settle the matter in an amicable way, but that the car is now screwed up because of them. Tell them they have to step up to the plate and take care of you.

And by the way, at this point you need to be talking to the General Manager or the owner. Forget the salesman and the service guys. They just want the problem to go away.

If they fix the car again and it looks perfect and you sell it in a few years the value shouldn't be hurt. However as I said earlier, the more paint the shorter the lifespan, so even if they make it look nice now the clock is ticking on the repair.

All my very best...

Tony Iorio