WA Car dealership wrote off car on test drive

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Daniel w

Member
25 December 2019
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I have a friend who took her late model Mitsubishi suv to a dealership for a service.
When she contacted them to collect it they requested more time and when she arrived at the end of the day she discovered her vehicle on a flat bed truck with the front end destroyed.

The dealership had in the initial call concealed
the fact that a mechanic had taken the vehicle for a test drive and had a traffic accident.

Since then the dealership had tried to insist that she not get her insurance company involved and are attempting to pass costs onto her including that of the service

What should her initial course of action be? Or who should she contact for advice.

Legally should the dealership be fully responsible for the full costs of a replacement vehicle?
 

Rob Legat - SBPL

Lawyer
LawTap Verified
16 February 2017
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Gold Coast, Queensland
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I’d be insisting that they pay for the full cost of the replacement of the vehicle, and no out of pocket for your friend. Anything less than that would mean an immediate claim to the insurer.
 

sammy01

Well-Known Member
27 September 2015
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what sort of insurance does she have?

Forget what the dealership want. If they don't want the insuance company involved it is because that will cause them problems. Not your mate's problem.
If anything I'd suggest she tell the car dealership that she wants $XXX (estimate cost of car) + $1000 because of the nuisance factor they have caused and she wants it by the end of the day and if they don't wanna play then insurance company it is.

I wonder if there was another car involved? and who was at fault?