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Auto accident in a car sales lot. Manager threatened me. What should I do?
Question by CentralSet: Auto accident in a car sales lot. Manager threatened me. What should I do?
I was looking at trade in values for my BMW at the local BMW dealership. I did it, and went to my car to leave. I pulled out of my parking space (backing up to the right). I then shifted to drive and before I could pull forward, one of the salesman was pulling out of the indoor show room with on of the cars. He backed right into me. Note, I was fully pulled out and about to pull forward to leave before he was even in my view.
The man who hit me hopped out of the car, complained a bit, admitted to it being his fault and citing, I didn’t see you at all, because of the blind spot in that car. He then offered to paint my front bumper where he hit me. He then drove the car that hit me off the lot to someplace that was out of sight. I went to his office to wait and see if he would ever come back, because before I could even say anything he had left the scene.
He gave me, in writing that he would “paint and touch up the front bumper”. I told him (the guy who hit me) that there was more than paint damage and the bumper was pushed back. At that point the manager on site came in and said… you have my word, I will fix your car for free. I told him I need that in writing, and he again said, you have my word.
I said I need you insurance information (knowing at this point he would not give me anything but his “word” that he would get my car fixed). He (the manager not the guy who hit me) then started to try and intimidate me with “this is private property, so the only one at fault is you but I am trying to do you a favor”. I asked him again for the insurance information, and he said “I am not turning this over to our insurance, you are the only one at fault”. “This is private property”.
At that point, I was exclusively dealing with the manager. I told him, forget it, i am just going to call the sheriff.
The sheriff came, and I told him, that they wouldn’t give me any guarantee but their word that they would fix the damage entirely and that he was trying to intimidate me to get me to leave. I also told him he refused to give me his insurance information and that’s why I called.
The police officer took a report, citing, they offered to fix my car for free. Note that manager even told the officer that and I have that in writing (so in court, I assume the judge will ask “if he is the only one at fault, why did you offer to fix it”)
Regardless. While the officer was talking to the man who actually hit me, the manager sneaked around and came up to me and started threatening me. Parts I remember for sure, he said “I tried to be nice and fix your car, but you went this far, now I can’t sell this car, I am going to make you pay for it”. Also saying “you are at as much fault as we are” which was a bold face lie. The man who hit me admitted to not seeing me (he probably could have if he looked a little harder). I had no way of avoiding the accident. I asked him to leave me alone. The officer finished filling the report, noting that they said he didn’t see me. That he did in fact continue to back up into me, and that I said I was stopped about to pull forward where he came from a spot that I couldn’t see, so quickly that I could not avoid the hit. He also reported that they offered to fix my car (I don’t think he has why I didn’t accept what they gave me in writing, and I didn’t take their “word”) for free (the manager told the officer that, in a last ditch attempt to get me to leave without a report). I overheard the manager tell the officer that if a report gets filed and it goes to insurance, that the car that just sold can no longer be sold as new (which it had just been done as (the sales man was pulling out to put gas in it and deliver it).
I refused the offer to “fix my car” citing there is more than just cosmetic damage and they refused to give me any guarantee.
After the report was filled, I talked with the officer for a bit. He said he has no way of proving who hit who, because they had at this point, changed their story to he hit our car. (Note that if that was the case, I would have had to drive INTO their car). Why would they offer to fix my car, if I had driven into their car? He also admitted to not stopping and continued to back up.
Regardless, it was clear it was their fault. Only problem is, they had started lying to put some of the blame on me. I told the officer about him threatening me, and he said that I should just go through the insurance and maybe the courts because it looks like it was clearly their fault.
What should I do about the manager threatening me? Should I sue for something other than just the repairs. I had to sit there for at least 2 hours as I waited for the man to return to the scene, then the trails of trying to get a guarantee that they would fix my car, which they refused to do.
Note that the man who actually hit
Best answer:
Answer by notyou311
Take him to Small Claims court. Bring all of your evidence.
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Tags: accident, auto, lot., Manager, sales, should, threatened —