[DallasLaw]

I just had my new 330i in at Classic BMW in Plano, Texas (north of Dallas). It was in for it's first routine service. Apparently they park the cars outside after doing the service on them and, while my car was outside, the sky opened-up and it hailed for about 10 minutes. My new, perfect paint and panels are now completely dented-up.

When I asked the service rep about it, they just said, "well... we usually scramble to get the 7 series vehicles in first, then some of the fives if we can..." "You'll have to claim it on YOUR insurance; we're not responsible or liable."

My question is, if BMW admits to scrambling to get other, higher-priced inventory under cover, why can't they at least pay my deductible to get this fixed, which will be a lot I'm told...

Moreover, if a paintless dent guy works on it, won't the headliner and stuff have to come out, and won't it never go back in the same as from the factory? I'm worried about rattles and noises after the repair is done...

ANY THOUGHTS? Thanks!

[sapperelite]

Damn, how bad is the damage? I would think the garage is under no obligation to pay the deductible though, weather is one of those "act of God" types of things. Maybe your insurance could waive the deductible because it was parked. Another option, if you haven't reported it yet, is to check if your home owner insurance will cover it, if theoretically it was parked outside your house. I had my wife's van broken into outside our house and the damage/items stolen were repaired under the Homeowner's Insurance with no Deductible. Best of luck,

[Carnage]

Disclaimer: The following answer is coming via a person (not myself) who worked for State Farm in Texas for 25 years.

short answer, no they are not liable for anything in this situation. They did not damage your car, God did.
Any repairs will have to be handled via your insurance.

[JIMD1709]

Would Wal-Mart be responsible if you were parked there? I mean if your car wasn't at the dealership it more than likely would be outside, right? Unfortuntely we can't protect our cars 24/7. Even if it's garaged at home AND work, we gotta venture out sometime....

[BzsBimmer]

Originally Posted by Carnage

Disclaimer: The following answer is coming via a person (not myself) who worked for State Farm in Texas for 25 years.

short answer, no they are not liable for anything in this situation. They did not damage your car, God did.
Any repairs will have to be handled via your insurance.

But what if you don't believe in God?

[ejazbmw]

shit man I'd park a 7 series in first before some 3 haha, but honestly you can't blame them for something like that.

[533ogetnom]

Originally Posted by JIMD1709

Would Wal-Mart be responsible if you were parked there? I mean if your car wasn't at the dealership it more than likely would be outside, right? Unfortuntely we can't protect our cars 24/7. Even if it's garaged at home AND work, we gotta venture out sometime....

YOU parked your car at wallmart, THEY parked your car in the lot outside when most likely YOU parked it under their service bay where it was protected and THEY moved it

however most likely you signed something before giving them the keys that you didnt actually read through that said they were not liable

[ward]

Originally Posted by 533ogetnom

YOU parked your car at wallmart, THEY parked your car in the lot outside when most likely YOU parked it under their service bay where it was protected and THEY moved it

however most likely you signed something before giving them the keys that you didnt actually read through that said they were not liable

be realistic though, no dealer has enough space to keep your car indoors for the entire time it's in service.

[Riss Racing]

Sorry to hear that...do you have any pictures of the damage?

[LEDZEP]

I have to say, that although I feel your anguish and frustration, the dealer can't be held responsible for unforseen damage from weather. Hopefully your deductible isn't too high - just file a claim and get it fixed.

[533ogetnom]

Originally Posted by ward

be realistic though, no dealer has enough space to keep your car indoors for the entire time it's in service.

yea but you could argue they should O_o, or that they should have taken your car straight from the bay to the garage and then back to you

the place in orlando has a fucking parking garage, but we dont have much threat from hail

[DasBlitz]

Originally Posted by 533ogetnom

yea but you could argue they should O_o, or that they should have taken your car straight from the bay to the garage and then back to you

the place in orlando has a fucking parking garage, but we dont have much threat from hail

The place is Orlando is also the only BMW dealer for all of Central Florida practically. That company basically made a monopoly on BMW dealers in Florida.

Point is you signed something and that something probably says they are not liable.

[Drew Mazurek]

Originally Posted by BzsBimmer

But what if you don't believe in God?

I believe it would #2 who is responsible here. ya know, lowercase god.




God |gäd|
noun
1 [without article ] (in Christianity and other monotheistic religions) the creator and ruler of the universe and source of all moral authority; the supreme being.
2 ( god) (in certain other religions) a superhuman being or spirit worshiped as having power over nature or human fortunes; a deity : a moon god | an incarnation of the god Vishnu.
• an image, idol, animal, or other object worshiped as divine or symbolizing a god.
• used as a conventional personification of fate : he dialed the number and, the gods relenting, got through at once.
3 ( god) an adored, admired, or influential person : he has little time for the fashion victims for whom he is a god.
• a thing accorded the supreme importance appropriate to a god : don't make money your god.
4 ( the gods) informal the gallery in a theater.
• the people sitting in this area.

[T-MC-G]

so are all of the cars sitting on the dealer's lot damaged also, like the ones for sale?

[Carnage]

Originally Posted by 533ogetnom

YOU parked your car at wallmart, THEY parked your car in the lot outside when most likely YOU parked it under their service bay where it was protected and THEY moved it

however most likely you signed something before giving them the keys that you didnt actually read through that said they were not liable

You can throw all the THEY's out there you want, but the bottom line is THEY did not cause the damage so there is nothing for them to be held liable for. Nice try though.

[DamnitDavid]

Originally Posted by BzsBimmer

But what if you don't believe in God?

mother nature?

"What if you don't believe in mother nature?"

i shot jam master jay?

[C-Dub7]

I guess you should start shopping for 7 series ..to get VIP treatment....man...as if 3 series are not expensive enough....

[Potty_Pants]

Would you be held responsible from the dealership... on the loaner they supplied if hail damage occurred...............

is the dealership responsible for your car if it was stolen from the lot ????

speak amongst yourselves...

ppp