tim1445

I just leased a 2009 ES350. One day after I took the car, a tree fell on the roof. New front and rear hood, glass, roof and water damage inside. 23K insurance estimate. Geico wont total the car, and the dealership is reluctant to salvage the car. Dealer says there's an 8K difference between what I owe and what they can sell it for.

I dont want a fully refurbished car, especially 1 day after I leased it. Has anyone had any luck having a dealer take a car and give another lease in a similar situation? I'm 31 and this is my 3rd Lexus, seems to me that they could do a lot for customer loyalty if they help me out here. They say they will do everything they can to help me, but anything short of taking the car really isn't any help at all.

Any thoughts?

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iTrader: (1)

Man that is some serious bad luck. I believe a car is "totaled" when the cost to repair is more than the value of the car. Seeing as your car is new, your car value is pretty high. Good Luck

O. L. T.

iTrader: (17)

A dead short in the wiring that got crushed from the accident can spark a flame inside.

........just saying. I've seen it happen to some people.

pagemaster

your S.O.L. ...it costs lest to fix the car then to write it off...your stuck with it!

tim1445

Agreed.

I'm going to speak with the manager today to plead my case. There's some uncertainty which he should be made aware of in person, and I'm going to confirm in writing if things don't work out my way. Some friends recommended going straight past the local manager to the regional manager who has more influence and should be most considered with customer satisfaction.

I just re-read this before I made the post. It's actually more of a reminder to myself. I'd be interested to hear if anyone has any suggestions. Obviously, it's completely self-serving, but I'll post the results which might make for an interesting story. To date, the dealer hasn't informed me of anyone they've dealt who has had to live with just a 1 day old car which was just a tad short of being totaled.

1. I have no reason to believe that Lexus will stand behind the warranty, other than verbal assurance. I'd like to confirm this by sending a letter that this is my understanding. No signature needed by them, just to put them on notice.
2. If there's any problem down the line due to inadequate repair, that they will stand behind the work. Geico doesnt approve the sole "Lexus preferred" body shop where the car is being fixed. Will confirm my understanding that Lexus will pay to repair any issues that are brought up by Lexus financial when the car is returned.
3. Lexus financial already told me that I should seek something in writing that the body shop will guarantee their work. Of course, I have absolutely no leverage for this, and it suggests from the get go that I may be in a mess if problems arise down the line.
4. I admit the Lexus employees are very nice and that customer service is high, but they actually find it necessary remind me that they are being cooperative and want to do all in their power to help. Funny thing is that NOW they have the power to help, and the best they could do is offer to have me pay 8K to salvage the car, which is absolutely not a loss on their part. If a problem arises down the line, who's to say I'll really get some help, and not just some more empty verbal reassurances? They have a chance to act now, and they're not doing much to help. Why should I believe that the future will be any different?
5. I'm 31 and on my third Lexus. I have a lot more buying potential. Why would they want to alienate a customer?
6. Each salesman I have dealt with over the years gives a nice reminder to say favorable things on the performance review sent to me in the mail. How about I say something to the effect "car was 90% away from being totaled, dealer wasn't willing to salvage car, wasn't willing to absorb some of the salvage price, wasn't willing to confirm in writing 1, 2, 3, 4, and 5, etc, but gee wiz they were nice guys."

I8ABMR

man I am so sorry to hear about the drama. I would push the person responsible for the tree to pay the 8k loss so that you can get rid of it. I think you need a lawyer to help sort through the mess on that front. I would try to speak to the regional manager as opposed to the owner of the dealership.

I am afraid that you may get slightly screwed on this one though

varcity64

iTrader: (2)

sorry to hear about your misfortune. this kind of stuff happens in movies only i thought i will say this... in my experiences, there is usually an estimate and then a supplement once "hidden" damage is found. i would beg the body shop to increase the total of the damage so it exceeds the value of the car and then it will get totaled. the only problem you may face is that the body shop WANTS to repair your car bc clearly, thats how they make their money. if the manager/owner are compassionate enough, they will help you out. good luck and keep us posted. never thought i would say this, but i guess i hope your car gets totaled...


i HIGHLY doubt you will get someone to fork over $8k unless its through homeowners insurance claim

Faymester

That sucks.

I had an SUV once that was in a horrible accedent, insurrance wouldn't write it off because the SUV was only 6mo old. The SUV was fixed & it was never the same again.

I would definitely fight it. I see their point & it is an up hill battle (especially since no one is really at fault here - can't sue a tree) but I wish you luck.

On the upside, you leased the car so there is a finite amount of time you would be stuck with it.

teeder27

Except for that what you said above is INSURANCE FRAUD and is a crime.

Yes it sucks that the car got damaged and is 8K away from being totalled, but thats how insurance works. They cannot total everything out that gets damaged substantially because the customer doesn't want to drive it anymore. I'm in a finance contract with my 08 G37S and it was backed into and had VERY substantial damage. Total damages accounted for 18K and it was not totalled out. I'm now stuck with a car that has a carfax record, so when I go to sell it, the new owner will know what happened. (Yes, I know that had I leased the car, I could dump it after X number of years, but I do not agree with leasing a vehicle, so that is why I didn't do it.) At least you are in a lease and can turn it in after your contract is up. All reputable body shops, which Geico has a fairly stringent process to become an approved body shop, will guarantee the work. There is absolutely no reason that Lexus will not honor the warranty on the car if it was fixed properly. If a problem arises that is accident related, the insurance company should take care of it. (I had this happen with my G37). Lexus doesn't care at all how many cars you have bought from them when it comes to accident damage. If it was the case, a customer who has been Lexus loyal their whole life and just bought their 15th car, which so happens to be a Lexus LS 600H L, gets a dent and scratch on the car, does that mean that Lexus should total the car out to make the customer happy, because they have bought a bunch of cars and the last one was expensive??

Lexus has NO bearing on totalling a car out at all. Its all within the insurance company. I don't see why Lexus should have to pay 8K to get you out of a damaged car that was not damaged by Lexus. If Lexus or the body shop that you are taking the car to was caught falsifying an estimate, just for customer service reasons (you not wanting to drive a car that has been damaged), they could be faced with my legal issues, such as not being able to do body work for that or any other insurance company ever again!

Good luck on the repairs, and I'm sure that the car will be good as new when you get it back.

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iTrader: (1)

Would you by chance have any pictures of the damage?

duncan73

Tim, a couple of things.

1. Are you sure there is absolutely no recovery possible from the owner of the tree. Either the City or the property owner may have some liability for the damage to the vehicle. The tree may have been diseased, etc.

2. Are you not protected by the New York Lemon Law? If the vehicle is repeatably returned to the dealer because of defect and other problems and becomes a safety issue, do you not fall under the umbrella of the Lemon Law. They are NEVER going to repair that car to "Good as new." There will always be problems with that car.

Keep us informed and Good Luck!

tim1445

The tree was on my property, and my homeowner's insurance agent explained that my policy doesn't cover first party property damage. The tree wasn't old, there was an unusually bad storm in the neighborhood. 75 mph wind and hail.

Hard to see the dents in the roof and dings on the trunk from the picture. Most of the damage was done by the rain getting in the back window.

IS350jet

1. Sorry to hear that you're insured by Geico.

2. I've worked in the body shop industry for years, working very closely with Geico. They have one goal, and one goal only; To repair your car as cheaply as humanly possible.

3. I've seen several cases where customers have fought Geico and lost. Don't recall anyone that has ever won a case. Most disputes center around the use of aftermarket and used parts, which they WILL use, and there's nothing you can do about it.

4. You're lucky that your car is brand new. It doesn't look that bad in the pics. The back glass will certainly be aftermarket unless it's not available.

5. There doesn't appear to be any structural damage so I see no reason why it can't be fixed like new.

6. It's a leased car, why worry about it.

If you insist on totaling the car, don't talk to Geico, talk to the body shop manager. Make sure they do a complete teardown and inspection before a complete estimate is submitted. Usually, if the repair costs approach 80% of the cars value, the car can or will be totalled. If the repair costs were, say, 78%, you could beg the insurance company to total it, and they probably would, if you didn't have Geico. They are very unyielding, that way.

Good luck.

tex2670

What does that mean, "Lexus Preferred?" If it means the bodyshop that will give the dealer a kick back for a referral, then you want a Geico shop. Shops approved by my ins co warranty the repair for as long as you own the car. I think you want that.

tim1445

My experience with Geico isn't as bad as yours. They've agreed to use all Lexus parts, except for the front windshield. Anything that the body shop has arguably said needs replacement, they've agreed to replace.

Geico said that they would consider totaling a car if the damage approaches 75% of "the value of the car". They're using roughly the sticker 40K price, so damages would need to be around 30K to total the car. The estimate here is 23K. I argued that the value was closer to 32K because the car shouldnt be considered a brand new car, but that argument didn't get me far, and they said 36K at the least.

Geico approved using all Lexus parts, except 1. I was given a Cadillac CTS rental at no cost. Insurance adjuster acted like a professional. Website is easy to use. It doesn't seem like they could have done anymore.

By Lexus "preferred" body shop, its a shop that does the vast majority of the local Lexus repair work. They have a relationship together and Lexus has verbally agreed to stand behind the work. The shop isn't a Geico approved shop, and I had to decide whether to go to a shop that Geico backed but might have less experience for this amount of repair, or go to Lexus's shop without a guarantee from Geico but with one from Lexus. I chose the Lexus shop and probably would do the same again, although I may regret it when I return the car after lease.