The dealership is not at fault. Period. This is between you and the guy you paid to work on your truck. If you wanted the dealerships backing on their mechanics behavior you should have paid the dealership for the work you were having done. I'm sorry about your truck, bro. I really am. And if I was you, I would be pissed too. But be pissed at the guy who you paid to do repairs that wrecked your truck. Not a dealership that had nothing to do with the transaction. Think of it this way: If I had a hoist and a fully equipped shop, the guy was working on your truck at my house, then took me to get lunch in the truck and wrecked it, would you sue me? Of course not. I just happened to have a facility the guy you hired was using. In this case, the dealership is equally not at fault. The guy you hired just happened to be using their facility.
Also, thank you for your service.
I feel that the dealer was using his truck "without the owners permission"
to run dealer/company errands "getting lunch for the staff", they weren't test driving it after a tune up. The employe never should been driving his truck during normal business hours, "only for the purpose to move it out of the way" since the deal was to work on his truck after hours. The dealer has company cars with insurance for these purposes of getting parts, lunch, running errands, ect... Whenever the employe is on the clock at work, he is representing the dealership, that's why a dealer has insurance on its employes, who drive vehicles, rather its a dealer car, or a test drive. Even though the vehicle wasn't on the company books, or paperwork, the accident happened with a employe driving it during normal business hours, while running company errands,not to mention that the truck was in their garage and on their property. What if their was a fire caused by
their electrical wiring, and lack of keeping
their garage clean, while his truck was in
their shop and it was burnt to a crisp, would the owner be responsible just because it wasn't on "their books"? So lets say that you went to a dealership to visit a friend who works their, you park your truck and go visit, you leave your keys in it, and a salesmen or a mechanic gets in it for a joy ride and rolls it, are you responsible for the damages?? This kind of situation is why dealerships have company policy's "rules", so these situations wont, and don't happen, why?? because the dealer would be held responsible for the accident. So your saying that the dealer is not responsible, if the driver and passenger were injured would the owner, and the owners insurance policy be held responsible for the injuries, hospital bills, pain and suffering, loss of work/wages that the occupants obtained? If that's the case, the owner would be sued, because he would be liable.
