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Old 01-31-2015, 07:00 PM   #1
rDigital
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Default Dealership crashed my brand new 2015 Subaru WRX with 1300 miles

02/02/2015 UPDATE:



UPDATE 02/25/2015
It's on it's way


SOA has gotten involved and the dealer is making it right. I will receive a brand new 2015 WRX at zero cost to my self. Thank you for your support. You made this happen. : )




02/05/2015 UPDATE from Adventure Subaru:

Adventure Subaru of Ohio would like to update those of you concerned with the recent experience and status of our WRX customer. We have ordered a new 2015 Subaru WRX to his specifications, and the vehicle is being fast tracked for build and shipment to us. We have provided him with a new vehicle in the meantime to minimize his transportation inconvenience.

We regret deeply that this accident happened, and are working hard to resolve this and make our customer whole.

For those of you that posted reviews and comments, please be aware that there is an Adventure Subaru in Arkansas, and they are a separate organization from us. We do not share the same owner or management. We just happen to share the same name and love for being a part of Subaru of America. If you posted a negative review or comment, please check that it is not for their dealership. They have done nothing to deserve repercussions for a situation that occurred at our dealership.




Original Story with updates:

I had my new WRX with 1300 miles throw a CEL. Code scanner says P0390 & P0391. I'm concerned. It's brand new, I broke it in according to the manual. I take good care of it.

I take the car to Adventure Subaru in Mentor , OH. I speak with a service adviser, REDACTED. It's been there since Friday 01/23/2015. I FB message the service adviser today to ask the status of my car. He tells me he needs to have a tech take my car home overnight for testing and that it is OK with Subaru and my warranty. I get a call an hour later from him stating that he hit a deer. (He also told me at a later date that he was traveling at no more than 25 MPH.) As far as I know he is not a mechanic, just a service rep. Why is he driving my car?

Then I go to the dealer and talk to the GM, Scott on 1/27 sometime after 6 pm. He says that MY insurance will need to handle the claim as it was a deer strike.
I go around back of the dealer to take pictures of my car and I notice that it is in an uncontrolled parking lot and unlocked. The front end is heavily damaged as shown in the video. Then I notice there are college books on the passenger side floorboard. It seems my car became the service adviser's commuter toy. I have admissions from the service adviser and the management that he was on his way to class when he crashed my car.

I was at first promised to be put in a new car, when I spoke with the owner on Wednesday 1/28. However as of Friday 1/30 the owner is now stonewalling and saying they "might" be able to help me with a trade in.
Friday 1/30 the owner calls me around 10pm and berates me about posts and messages he is receiving from the internet. He states that he has deep pockets and his partner is a lawyer. He goes on to further state that he will keep me in an out of court, right or wrong, for the rest of my life because my story is hurting his business.

Sunday 02/01 I start receiving text messages threatening a libel suit from the owner. I explain to him that I will not be intimidated by such threats and that truth is an absolute defense to libel. I receive a call from the owner and we come to an agreement that I will receive a replacement brand new 2015 WRX at zero cost to me. We agree to meet on Monday to finalize the matter.

Monday 02/02 we meet and settle the matter. I sign my car over to the dealer. We put the new vehicle on order, wife opts for blue (no cost difference), I also order a SPT short throw sti shifter to be installed at MY cost, not the dealers. I am put in a 2015 Chrysler 200s at no cost to me until my car is delivered. I was previously in a 2015 Legacy loaner. It's now just a waiting game until I receive my new car.










This link below is a video walk through of the damage and whatnot.


I did a little digging. Here are Screencaps of the service advisor's driving record. I just checked 3 local courts. I do not have access to a state database there may be more or less:





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Last edited by rDigital; 02-25-2015 at 12:55 PM. Reason: Update for timeline clarity, grammar, details and updates
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Old 01-31-2015, 07:09 PM   #2
Zeeper
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Time to get a lawyer!
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Old 01-31-2015, 07:10 PM   #3
Snow Drift
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Call Subaru of America and a lawyer. A regional manager needs to be involved, not just the dealership.
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Old 01-31-2015, 07:10 PM   #4
rDigital
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Quote:
Originally Posted by Zeeper View Post
Time to get a lawyer!
That's what it feels like. They're getting beat up pretty bad on social media about it, but I think they are just trying to wait out the storm to cut and run later.
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Old 01-31-2015, 07:12 PM   #5
rDigital
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Quote:
Originally Posted by Snow Drift View Post
Call Subaru of America and a lawyer. A regional manager needs to be involved, not just the dealership.
I called SOA and all I got was a reference number and "I'm sorry about your car." I don't feel they are going to help at this juncture.

Here is my case number from SOA 1-833-2553852 . Maybe if more people reference that case number. I don't know.
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Old 01-31-2015, 07:14 PM   #6
Sour_K
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Id get their names, and info, and contact SoA. There should be no reason what so ever for your insurance to cover this. You left your car with a service center and they decided to take it out for a ride. That's on the tech 100%. Did you sign any forms allowing them to take the car out? Driving the car to listen for any issues is one thing, taking it to class and using it as a commuter is another.
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Old 01-31-2015, 07:19 PM   #7
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Wow, this stealership sounds really fishy.

Just be careful about what you post online, often times Dealerships will try to fight back with slander lawsuits etc.

Definitely lawyer up. I hope you get taken care of properly!
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Old 01-31-2015, 07:20 PM   #8
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Was there a police report filed for him hitting the deer? I'm sure he was being an idiot with it. I would hire an attorney.
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Old 01-31-2015, 07:22 PM   #9
rDigital
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Quote:
Originally Posted by Sour_K View Post
Id get their names, and info, and contact SoA. There should be no reason what so ever for your insurance to cover this. You left your car with a service center and they decided to take it out for a ride. That's on the tech 100%. Did you sign any forms allowing them to take the car out? Driving the car to listen for any issues is one thing, taking it to class and using it as a commuter is another.
I don't recall signing any forms except the loaner car agreement. They gave me a 2015 Legacy as a loaner when I first went in. I still have it.

Also, I did contact my insurance company and they closed the claim. It looks like they talked to the dealership's insurance company. I think it is going to be on their insurance now. I just want my car replaced, they had no right giving my car to that service adviser and letting him drive to college in it!
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Old 01-31-2015, 07:23 PM   #10
ryager
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Look for deer reminisce on the car. Every time people hit deer there is fur, blood, everything and it can be everywhere. Make sure it was a deer, keep bugging SOA, and tell the dealership you want a new car, and just keep saying that, don't take no for an answer. Then call a lawyer and your insurance company, the insurance company if a larger one will really be able to push on the dealer for what you want. They may be your best friend in this situation.

Sent from my SM-T800 using NASIOC mobile app
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Old 01-31-2015, 07:25 PM   #11
bjboucher
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I'd really love to hear their logic on needing to take the car home for the night. Sounds really fishy to me. Good luck, hopefully you get a new car out of the deal in the end.
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Old 01-31-2015, 07:25 PM   #12
unamuzedwrx
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Please please please do not let this go till they give you a new car. Esp with the service advisers record and the fact he should of never driven your car home.
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Old 01-31-2015, 07:28 PM   #13
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I'm speechless, lawyer up dude you deserve a new car. This is the same case where a dealer crashed someone Camaro ZL1. They had your keys they are responsible for it. They are trying to take an easy router and just say deal with your insurance. Don't let your rates go up.

http://jalopnik.com/owner-of-camaro-...g-a-1501366861
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Old 01-31-2015, 07:31 PM   #14
rDigital
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Quote:
Originally Posted by unamuzedwrx View Post
Please please please do not let this go till they give you a new car. Esp with the service advisers record and the fact he should of never driven your car home.

I'm not letting it go. I'm putting them on blast on every outlet I have. You're welcome to share my story with whoever will listen.
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Old 01-31-2015, 07:32 PM   #15
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Quote:
Originally Posted by rDigital View Post
I'm not letting it go. I'm putting them on blast on every outlet I have. You're welcome to share my story with whoever will listen.
Do you have it on twitter? If so I'll retweet it.
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Old 01-31-2015, 07:38 PM   #16
69subaru360
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You authorized the dealership to operate your car.

It really doesn't matter which dealership personnel was driving. Sometimes miles just need to be put on the car to see if the codes will reset. A tech doesn't necessarily need to be at the wheel. If the light comes back on a tech will check it. Sometimes the writers or managers will take it home instead. It usually comes down to who lives the farthest away to get the most miles on it. If it's during the day sometimes the lot guys or car washers will drive it to get miles on it.

Your insurance will pay the claim and the car will be fixed. Damage doesn't look that bad. It's ****ty luck but it happens.

You won't get a new car, the dealership won't pay for damages and SOA will do nothing for you.
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Old 01-31-2015, 07:42 PM   #17
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Quote:
Originally Posted by rDigital View Post
I don't recall signing any forms except the loaner car agreement. They gave me a 2015 Legacy as a loaner when I first went in. I still have it.

Also, I did contact my insurance company and they closed the claim. It looks like they talked to the dealership's insurance company. I think it is going to be on their insurance now. I just want my car replaced, they had no right giving my car to that service adviser and letting him drive to college in it!
Read through your Loaner agreement for any info about your car being serviced. There may be a clause that says they have the right to take your car out without being responsible for it. Obviously I hope that isn't the case, but if it is, they may try to hide behind that claiming you knew what you were getting into by signing. That will leave your case dead in the water legally. I would definitely contact a lawyer though, and don't take anything less than a brand new car.
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Old 01-31-2015, 08:02 PM   #18
rDigital
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Quote:
Originally Posted by 69subaru360 View Post
You authorized the dealership to operate your car.

It really doesn't matter which dealership personnel was driving. Sometimes miles just need to be put on the car to see if the codes will reset. A tech doesn't necessarily need to be at the wheel. If the light comes back on a tech will check it. Sometimes the writers or managers will take it home instead. It usually comes down to who lives the farthest away to get the most miles on it. If it's during the day sometimes the lot guys or car washers will drive it to get miles on it.

Your insurance will pay the claim and the car will be fixed. Damage doesn't look that bad. It's ****ty luck but it happens.

You won't get a new car, the dealership won't pay for damages and SOA will do nothing for you.
Something changed though. My insurance is not paying the claim and closed the claim. The dealer's insurance has taken over. There may be more that I'm not in the know about yet.

I'm getting a new car out of this, just like the one they wrecked. One way or another. I won't stop.
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Old 01-31-2015, 08:04 PM   #19
rDigital
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Quote:
Originally Posted by Sour_K View Post
Read through your Loaner agreement for any info about your car being serviced. There may be a clause that says they have the right to take your car out without being responsible for it. Obviously I hope that isn't the case, but if it is, they may try to hide behind that claiming you knew what you were getting into by signing. That will leave your case dead in the water legally. I would definitely contact a lawyer though, and don't take anything less than a brand new car.

The loaner agreement was a blank 1-page carbon copy form for rental cars. It had nothing to do with the car. However, I don't think that is the main issue. They let a known bad driver operate my vehicle and take it to college. That's the real issue I believe.
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Old 01-31-2015, 08:11 PM   #20
rDigital
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Quote:
Originally Posted by unamuzedwrx View Post
Do you have it on twitter? If so I'll retweet it.
twitter.com/rDigital
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Old 01-31-2015, 08:15 PM   #21
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Quote:
Originally Posted by Zeeper View Post
Time to get a lawyer!
Agreed, sue.
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Old 01-31-2015, 08:17 PM   #22
Big-E
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Unless the laws of the State of Ohio say otherwise, the dealership would have liability insurance to cover damages to a customer's car while in the possession of the dealership, whether the customer's car is on or off-of the dealership's property.

You had an oral agreement (contract) with the dealership that your car would be taken home one evening and returned the next morning by a technician for purposes of performing a diagnostic or diagnostics to your car.

Instead, the dealership broke it's contract with you by letting a non-technician take your car. Further, within the scope of this, the dealership is also liable for it's non-technician employee whom took your car and used it for his own enrichment (to go to college). Depending on the circumstances, the dealership has a degree of control and responsibility for it's employees whether on or off the premises. This is such a circumstance where the dealership is responsible for the act of it's employee off of the dealership's premises.

Although the hitting of a deer can be considered "an act of god", the car was under the control of and the car of the dealership. Again, unless the laws of the State of Ohio say differently, the dealership is liable for this/these damage/damages.

You could put this claim through your insurance company and your insurer can then subrogate this claim against the dealership or the dealership's insurer. You can also bring suit against the dealership for failure to honor a contract and negligence.

Good luck.
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Old 01-31-2015, 08:18 PM   #23
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Even if there/your insurance fixed it, the car would now have an accident in the history and be worth less money. Get a new car cause anything less is unacceptable.
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Old 01-31-2015, 08:29 PM   #24
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LAWYER

Many decent lawyers would agree to do the job for free (free for you that is) given the situation.
Get a lawyer fast and have him immediately contact the dealership for you, then don't talk to the dealer again, let the lawyer do all the talking.

Do that and you'll be in a new car eventually.
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Old 01-31-2015, 08:32 PM   #25
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As I was reading this thread I kept getting more and more angry at the situation. I can't even imagine what it must be like to be in your position. Don't let anyone try to convince you that you deserve anything less than a new car. Keep fighting the good fight and get this story BIG.

If I were you I would be trying to blow this story up locally. If it's anything like my local dealer they have a cult following and a story like this would make big waves in it.

Also, lawyer up.

God speed.
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