Dealer Service Person Damages the Car. What Next?


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The concerned person is a friend of my friend. I am putting this here to help this guy out.
Sorry for a long thread, but this was a necessity.
My Name is Harish Kara and I live at Hyderabad. I along with my wife have purchased a Ford Ecosport TDCi 1.5L Diesel Titanium Black Edition on 25.05.2016 at Modi Ford, Hyderabad.
As things stand, while traveling out of town on 03.09.2016, I took the vehicle to Lakshmi Ford Service station at Guntur, Andhra Pradesh as the Engine Malfunction Check light went on. I was informed by the Service Station that it is a small issue and will be addressed quickly. Whereas a couple of hours later I was informed by the Service Station that the vehicle met with minor accident as the driver/mechanic, driving the car for test post service, has rammed the car into another car ahead at excessive speeds. I reached the service station and found out that the accident was not a minor one and it resulted in excessive damage to my car. This Car has clocked only 2800Km till date
Lakshmi Ford has suggested to get the car repaired by making a claim from my insurance company, for no fault of mine. The damage caused is entirely due to the negligence of Ford's Service Center personnel for which I should not be made to pay a price.
In this context, I have asked the service center (who is also Ford dealer) to replace the car with a new one as the accident has been caused due to the negligence of Ford’s personnel and also vehicle is brand new and I am not ready back to take a damaged car the value of which has already dropped considerably owing to this accident even if repaired and given back. The dealer turned a deaf ear and did not even bother to meet or respond to my mails and phone calls.
Then I request Ford India to intervene and make sure this issue resolves quickly. As it is a clear case of negligence and carelessness by Ford’s Personnel who did not even take the basic precautions to maintain minimum safe distance from the vehicles ahead. Ford India replied me stating that they do not have any legal responsibility for the accident but have offered to get the Vehicle repaired at the cost of Dealership which was totally not agreeable to me as even if repaired the value of the car has already been considerably lost due to excessive damage for which I should not be made to suffer and also I cannot drive this car again with same confidence as I drive an accident free car. Ford’s response that they do not have any legal responsibility for the accident that was caused by the negligent driving of their personnel is pathetic.
Left with no option other than to proceed legally we have sent a legal notice through our Lawyers to Ford and the Dealership asking them once again to resolve the issue at the earliest. Instead, we received a reply from the dealership that the dealership is not responsible even to get the car repaired and I should get the car repaired claiming costs from my Insurer, and the driver and owner of Vehicle to which my car has collided. On one-hand Ford offers to repair the Vehicle free of cost and on the other hand dealer is threatening to collect a parking fee of Rs 250 per day from the customer for the vehicle lying at their service station. This clearly shows the arrogance and Highhandedness with which Ford and the Dealership have been handling this issue.
It has been more than a month since we have been waiting for the issue to be resolved and believe me, Ford has handled this very badly so far. How can Ford India authorize a service centre where its personnel don’t take a minimum precautions when driving a customer car? Ford has been assuring its customers of a family like experience. Negligent driving and causing excessive damage to customer car is definitely not a family like experience.

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What should we do when something like this comes up?
 
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1.Claim insurance and make dealer to pay the rest,waive off labour etc.

2. Or make him claim his garage insurance and do the work.

Asking for new car is not an valid option.
 

Akash1886

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The concerned person is a friend of my friend.

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What should we do when something like this comes up?
Thankfully it is a Ford. And seeing the pics no ways it was a 'minor' hit. Suggest the concerned person to approach Mr. Anurag Mehrotra. He is one person who will resolve the issue within minutes.

Regards

Akash
 

deville_56

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Only possibility is repairing. Either at cost of insurance or dealer's cost. From personal experience, going legal can leave the car unattended at dealer premises for long. In the end, they might repair FOC, but car would be in terrible shape by then and may be many parts missing. Cousin's car had been in similar situation and only thing happened was they paid repair costs and court expenses and car was completely ruined, completely rotten. Had to change tyres, seats, carpets, overhaul almost entire car, drained and flushed everything, dysinfected, detailed, new battery, underbody recoated, etc, etc, long list. Negotiate with dealer or Ford to get the car back in shape ASAP with minimal financial damage from owner.

(There is a point in the job card we sign, car is at dealer premises at owner's full risk and dealer is not responsible for anything. Now they have added another clause, they won't accept cars without proper insurance. Don't know their legal validity, but it's there is the card and we accept the clause by undersigning it).

Because of the arrogance and non-transparent dealings of Ford dealers here and poor support from Ford, I never recommend Ford to anyone, eventhough they make real good cars.
 
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