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Dealer Watch..... PLEASE READ

Discussion in 'General Side X Side Discussions' started by Gold Digger, Jan 11, 2018.

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  1. Gold Digger

    Gold Digger Frank SXS Nation Rookie

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    READ
     
    Last edited: Jan 12, 2018
  2. 4freese

    4freese Roger SXS Nation Rookie

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    Really? Man I run a Powersports shop and if one of my guys didn't have I would personally wipe up the grease spots on the concrete with his a$$! That is ridiculous. Definitely get yourself some legal help on that. I would walk away with nothing less than a payoff and a new machine.

    Sent from my SM-N950U using Tapatalk
     
  3. Gold Digger

    Gold Digger Frank SXS Nation Rookie

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    By the way it has 3 hrs on it.
     
  4. Seastacker

    Seastacker Carl Moderator

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    A couple thing will happen here (likely)

    a) The dealer will file a claim under their business insurance as the machine was under the care, custody and control. Their insurance should take care of it less any deductibles the dealer has.

    b) The dealer may take care of it depending on what their deductibles are. This will depend on the dealer and how much loss they can absorb.

    c) To expedite this, I would file under your own insurance policy who would then take care of it. They would then subrogate the dealer/ their insurance to collect their losses and any deductible you have back. Hopefully the machine is insured.

    I don't see any need for lawyer involvement unless there is no insurance on the machine and/ or the dealer has no coverage. Typically the only ones who really win when a lawyer is involved are the lawyers. In your case if you have a family member who is one, maybe they could assist in expediting the process a bit (aka light a bit of a fire). Either way, I would call your insurance ASAP to get them involved regardless of the outcome.

    Side note: How the dealer handles the situation would be a big factor for me in terms of if I did business with them again or not.
     
    Dave likes this.
  5. Gold Digger

    Gold Digger Frank SXS Nation Rookie

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    Thanks for the reply in the info I went ahead and took the post down temporarily but I will let you know what happens I just don't want to expose them and hurt my chances of anything. But I just wanted some quick advice and that was awesome thank you I appreciate it.
     
  6. Ken

    Ken SXS Nation Team Leader

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    Frank, if the dealer is honorable, he will take his hits and give you a new machine! I wouldn't accept any thing less in a settlement with only 3 hours on a new machine. That employee would be fired asap and shown the door! I would as already mentioned hold off on any legal action until you determine what the dealer is going to do. If you get the run around sic the legal dogs on him! :)
     
  7. Dave

    Dave Dave Administrator

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    Couldn't agree more with Seastacker
     
  8. Gold Digger

    Gold Digger Frank SXS Nation Rookie

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    UPDATE !!!!!
    They said its all Cosmetic and want to fix it and give me Depreciation. They are a very big dealer. They own probably dozen dealers in the SE. I am not sure what the big deal is to Fix it on there own and sell it as used or a Demo to someone who knows what they are buying and give me a new machine back that i bought NEW . They get there money and i get what i gave them and everyone is Happy. This Royally Sucks. The Consumer always Pays the price over Big Company's. Trust me i am going to spend as much Time as i can to Out them on Social Media. There loss will come in the End......
     
  9. Ken

    Ken SXS Nation Team Leader

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    Frank that was the kind of response I felt you probably would get. Outing them probably won't do much since you say they have several stores and are big and they no doubt could care less if they ever saw you again. Unfortunately legal action maybe your only choose while keeping their feet to the fire on social media. Wishing you good luck!
     
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  10. GaryL

    GaryL Gary Moderator

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    At the very least, I would have an independent source actually go over it and see if it is just cosmetic or if there are more severe issues. If it is just plastic they may be able to make is as good as it was before. I wouldn't go after them through social media until the issue is resolved. It stinks at any rate that they damaged it at all.
     
  11. GaryL

    GaryL Gary Moderator

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    Also, get photos of it right now, before they touch it.
     
  12. jmarco89

    jmarco89 Justin SXS Nation Expert

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    Got a picture what it looks like after the roll over? Was the employee drunk or something. And how much damage could you really do at the dealership parking lot

    Sounds to me like they are trying to cover it up saying it’s just cosmetic. I’d be worried down the road with stress fractures or other internal failures that could pop up after you get some miles on her
     
  13. RJTaler1717

    RJTaler1717 Russ SXS Nation Rookie

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    Like others have suggested, don't hire a lawyer yet. Get photos and receipts for your add ons if you still have them. If you notified your insurance company, they should send out a claims adjuster. His findings should give you an idea about fixing it or totaling it. If they total it, you'll get the depreciation value unless you have a full replacement policy. If you need to an attorney, usually they'll give a free consultation, don't just retain their services. You'll pay a lot for that. Assuming you've told the dealer you want a new machine or you aren't satisfied with their offer, ask the attorney if he or she will just write a letter to the dealer with your requests. Lawyers scare the crap out of people and the dealer knows litigating this will cost him a lot more than the cost of the machine. Good luck
     
    GaryL likes this.
  14. Curt

    Curt Administrator

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    I’d worry about finding issues down the road after it’s “fixed”.
     
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  15. Jaybey

    Jaybey Joe SXS Nation Expert

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    You never did say if you had full insurance coverage on you machine, I sure hope you do. Let your insurance company fight the dealership, they probably have more clout and $$$$ than the dealership.
     
  16. GaryL

    GaryL Gary Moderator

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    I would also be asking some serious questions about how the heck they wrecked your ride.
     
  17. DieselFume

    DieselFume Adam Moderator

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    2013 XP 800 Ranger, Three 2017 Polaris 570 Full Sizes. All subjected to hard ranch work, long hours and rough conditions. 5 years or bust!

    I agree with many here-

    I think I would be working with my insurance company, my adjusters to get a fair determination of what's really happened and let them deal with a dealership that wrecks customers rides.

    IMO, you are owed a brand new machine considering you had 3 hrs on yours. plus your accessories. (but you might not get that)

    Their dealership has insurance for these kinds of things, they couldn't be in their line of work without it. I think I'd hold up on exposing them unless they don't come through for you. Might help your case... Much easier to deal with someone who isn't mad at you. If they fail to come through, remind them of what social media is---- You might want to check with a lawyer though to make sure that if it does go to court, that they can't come back on you with a defamation claim if you choose to social media route.

    Best of luck, and sorry about the whole deal, it stinks.
     
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  18. Gold Digger

    Gold Digger Frank SXS Nation Rookie

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    It is insured in full. I have already contacted my insurance not assure what they plan to do. Have asked dealer for a written offer and a written estimate of repairs so I can evaluate it. This is a nightmare honestly. Thanks for all the advice...
     

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