In Reply to: BMW Dealer disavows responsibility for sublet pnt. posted by Perry on February 08, 2000 at 11:14:47:
ok look. the dealership has garage keepers liability insurance.
the damage caused while the car was in their care, custody and control (assuming that they are the ones who sent it to the body shop) is covered by that policy.
They have two possible courses of action:
1. fix the damage of their own accord or
2. wait for you to sue, then let their garage liability insurance carrier work it out with you.
There is one alternative which I would pursue were I in your shoes: Talk to the dealer and explain to them that if they choose to ignore you, you will be forced to file a comprehensive claim on YOUR insurance policy.
You sould further explain that your insurance company attorneys and claims people will NOT be as easy for the dealer to ignore. In fact they will fight to subrogate against the dealer's insurance carrier (subrogation is the term used when your carrier, having to pay a claim caused by another insured party, then "goes after" the other insurance carrier to recoup what they had to pay to you).
If at this point the dealer still refuses to make good, then you may be forced to file the comprehensive claim against your insurance company.
If events are as you've described them, then the dealership is clearly liable.
I would consider talking to my insurance agent and see if he could give you any insight.
: I discovered some scratches and "blusing" on my hood left by the body shop that did repair work on an insurance claim. BMW Seattle sublet the paint an body work out to a company no longer in business in Seattle, Seattle BMW is no disavowing any liability saying that it's not their problem, it's between me an the insurance company. This is, of course, BS!
: I am now working on my battle plan to escalate this to the highest levels (BMW Corporate, State Attorney General, US Govt. Agencies, etc.)
: Anyone know where I can find the name and email address of the BMW Director of Public Relations in the U.S.?
: This is going to get ugly because I have two dangerous weapons:
: 1. A computer.
: 2. Writing skills.