Public Mediation

Suv claim

E. M. vs. Smith-Carins Dealership
    • Status: In Negotiation
      This claim has posted for public comment and negotiation. It will remain posted until resolved to the claimant's satisfaction. Suggest a resolution to help these parties reach a settlement.
    • View response from: Smith-Carins Dealership
    • Claimant Seeks: 2 non-monetary items.
    • Claim #: 8502844
    • Amount Involved: N/A
    • Filed On: Oct 14, 2011
    • Posted On: Oct 29, 2011
    • Complaint(s):
      • Bad business practices
      • "I just feel ripped off."
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Statement of Claim
Complaints Involved (2) - View
Claimant says:
"I left my 2006 Mercury Mountianeer with the Smith Carins Dealership located in Yonkers New York on Tuesday October 11, 2011 and on the morning of Thursday the 13 I was called about 830 am and informed that my car was "on milk crates" and that all 4 tires and rims were stolen over night on Wednesday night. I spoke to the owner of the dealership about why and how will my car be fixed. He stated that they assume zero responsibility and I have to deal with my insurance and file a claim. I feel this is unfair because I did not cause this damage and he should have taken the proper precautions to insure that all vehicles on his lot are safe. Now I have to file a claim and pay a deductible out of my pocket and have my insurance premium go up because of his negligence. I left my car in his care for repair not to have them call me and state it was damaged. This man Dwight was very nasty and actually accused me of coming back and stealing the tires off my car myself! Stating this was pre planned and I am responsible for this damage. I asked him to check his cameras and see who came into his lot and stole my tires. He states to me "My security cameras don't work!" and "It is what it is!!""
...
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What Claimant Wants Hide
What By When How Much
1. Repair: Fix the damage that was caused on his property Oct 29, 2011 N/A
2. Apology: I want a apology for stating this was pre planned and insulting my family Oct 29, 2011 N/A
Non-cash: 2 items
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Respondent's Counteroffer Hide
The claimant's settlement terms were rejected with the following explanation:
  • I disagree with the explanation / grounds provided

    "SMITH CAIRNS
    FORD LINCOLN MAZDA SUBARU
    900 CENTRAL PARK AVENUE
    YONKERS, NY 10704
    P: 914-377-8100 F: 914-377-8118
    WWW.SMITHCAIRNS.COM


    October 27, 2011

    To Whom It May Concern:

    Miss McKenna and Mr. Luis Pilalo brought their 2006 Mercury Mountaineer into our service department for several mechanical issues.

    Unfortunately the customer’s car was vandalized while on our property. Although this is an unfortunate incident, we are NOT responsible for personal property, theft, fire or vandalism. This information is made clearly visible in our service department via a sign that is hung on the wall behind our service writers (see attached photo). Also, as per the attached original signed work order, where Mr. Pilalo signed, it states “Said customer is hereby notified that the said property is not insured or protected to the amount of the actual cash value thereof, or otherwise, by the dealer against loss occasioned by theft, fire or vandalism while e the property remains with the dealer.” (See attachments)

    Mr. Dwight McGuirk, Owner, was in no way ‘very nasty’ with Miss McKenna. In fact, Mr. McGuirk did pay for the use of the loaner vehicle for the 4 days (a total expense to us of $120.00). This was an expense that would not have been covered by their power train warranty. Mr. McGuirk also told Miss McKenna, who suggested we take wheels off of a new Lincoln Navigator that was on our lot, that she should contact her insurance company and we would help her out with her deductible.

    Considering our policy on fire, theft and vandalism are clear; Miss McKenna stated that she wanted us to fix her car so she didn’t have to go through her insurance. She was adamant that we needed to replace the stolen wheels and, which were in deplorable condition to begin with. Our service manager, Donna Loia, did also reintegrate to Miss McKenna that besides the consideration given of working with her to cover her deductible, we would get her the parts at dealer cost without markup. Miss McKenna did not acknowledge our offer and had her car towed to another facility without notice.

    At this point in time, we feel that we have done all we can do for Miss McKenna and will be unable to assist her any further.

    Regards,


    Amy Kerwin
    Office Manager
    Cc file/Encl
    "

  • "we have supporting documentation which can be faxed or emailed
    thank you"

This claim will remain posted until resolved.

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