One Tomball woman called KPRC 2 Investigator Amy Davis after she said a car dealership mechanic wrecked her vehicle and is refusing to take responsibility.
Yeah. Tells a lot about the @h0le owner. Rather lose a customer, in fact many, than accept responsibility for his employees that really shouldn't be driving cars for warranty work repairs that don't need driving
@@user-ln7of9gs4sdouble wrong. 1-the dealer is 100% responsible for the vehicle in their custody. The dealer needs to make the other party pay. If he can’t, that’s on him. 2-the driver at the moment of the accident is the one that needs to be insured. Not the car.
whats crazy is service departments from dealerships make the bulk of the income. they make their money back in a week or 2 if they just payed for it. i know for a fact the ford dealership i work at would of just fixed what they broke and called it a day, because my boss really likes the fact the community has a high opinion of his business and public opinion does matter
Let us assume, that the mechanic had to do a test drive (warranty work) and didnt just take a joyride. In that case, how can you lose reputation (with ppl who can use their head and think) if you have done nothing wrong. The customer did nothing wrong. But neither did the dealership. I would agree with you, IF we had to take the word of the dealership or the mechanic. BUT, here we have a police report that assigns all blame solely on the other driver.
The dealership has the liability since they were in possession and driving the vehicle at the time of the accident. I hope she contacted the AG about this.
no. I can go drive your car and have possession but it dont mean Im liable if someone hits me. Dealership not at fault at all there were thousands of similar cases, although liability is usually disputed Dealership might be found liable in a case like this if, for example, they broke the car on their own parking lot by driving it into a wall. Still though, such a case would still have debatable liability In this story the auto insurance is responsible. They even accepted responsibility, they just havent decided which of the two auto insurance companies is more at fault
@artyomarty391 The dealer is 100% responsible. As an employee of a dealership, you are insured and are supposed to be held liable in any event that a customer car is damaged. Thats what businesses have insurance for, unlike the womens personal insurance who will only cover damage if she is driving
@@dylanhall391 The dealership might be responsible if this accident happened on their lot, and due to their negligence. I m saying "might" because there have been many cases where even in these favorable circumstances, the dealership still wasnt responsible after a trial Here the dealership took the vehicle to the road. Not only that, but the customer's auto insurance companies actually accepted a responsibility to pay, but it just hasnt settled who was at fault. Its very likely any insurance that the dealership has does not cover accidents when the vehicle is in neutral possession, aka not on the lot Women's personal insurance does not care much who was driving. Your auto insurance is tied to your car, not to you. This is like auto insurance 101... If you dont know even this most basic concept you probably shouldnt comment any further
@@artyomarty391 No, that stinks. The dealer's insurance should cover the cost fully. If her insurance pays then her auto insurance will go up considerably and she will be penalized for several years when none of it is her fault. She shouldn't have to pay a dime, the mechanic that had the wreck was employed by the dealership and the buck stops there! I hope you never become a judge in any capacity, common sense and decency are required.
It shouldn't even have to effect her policy because usually these type of accidents still raise the premium even tho its not her fault what so ever. Shame shame on that mechanic.
(actual answer and not flippant one) It shouldn't be happening to her, as a retired insurance adjuster, this is not how things are handled normally. I highly doubt this is Allstate causing the issue and more Tomball Ford not wanting to file the claim with their provider. Just let's me know not to use that dealership. Mechanic shouldn't have taken the vehicle onto a public road and they had possession of the vehicle so as I see it they need to do the right thing and file the claim for the 30%. For them to be dragging this out is very bad business practice and horrible customer service.
Ummm. These people never watched Judge Judy. The dealership took possession of the vehicle and it was damaged under their possession. It was their responsibility to ensure that it was returned in proper condition.
@@tonyhaynes9080 exactly what they do.. I have no idea what the resolution to this case ever was but the dealers try to weazle out however they can. since their mechanic was driving the car and deemed at 30% fault, it is possible a lawsuit went somewhere, the problem with just claiming it on your own insurance is you have to pay the deductible and if you are upsdie down on the load you have to pay off the note in full instantly or roll a whole lot of negative equity into a new purchase.. i always wish there was followup to stories like this to see what happened in the end
Worked as a BMW tech many decades ago. One of our younger (dumber) guys took the customer car he worked on for a "test drive", spun out on a reversed camber road (down hill towards the gutter and at the same time a left hand curve) and wrapped it around a pole as he slid off the road. Never learned the outcome for the customer, but we were quickly one mechanic short in the shop.
Doesn't matter unfortunately because they will say your insurance covers uninsured drivers so she has to go through her insurance for whatever the at fault driver's insurance didn't cover.
“Responsibility is a unique concept... You may share it with others, but your portion is not diminished. You may delegate it, but it is still with you... If responsibility is rightfully yours, no evasion, or ignorance or passing the blame can shift the burden to someone else.” Admiral Hyman G. Rickover
Exactly and don't ever buy a Ford. The crap I have dealt with since February 2020 with ford service is unbelievable. I can't even make up the incompetence of Ford.
When a dealer or repair shop is in possession of a car, and something happens to it, they should automatically be 100% responsible for EVERYTHING. This needs to change.
Best advice ever what you on about? If your company agrees it's not your fault all they need is other persons details and insurance and pay you out. Why bother going through all the crap which could take months to get anything.This lawyer is honest rtare this days as he could have made a nice lumb.
It’s HER insurance company, that she has been paying premiums to, that are required to do this for her. THEY will make sure all responsible parties pay what is required. The fact that she didn’t even notify them is the problem. Non of the parties WANT to pay, it’s the insurance company that will make sure they do. Oh, and they will replace her car while doing all this.
My wife took in her NEW F-150 in 2014 to the dealership for it's first oil change and tire rotation. The mechanic didn't tighten the lug nuts on one of the front wheels, my wife got on the road and the wheel fell off. A lot of damage to the front end. The dealership said they'd fix the damage for free. I said, "No, your going to give her a 2015 F-150 exactly like the one she brought in and we'll owe exactly what we do now, with the exact amount of months left on the loan, and we'll all walk away from this episode knowing better". The dealership had a NEW F-150 for my wife 2 days later.
This is interesting. Good thing your wife got a replacement. Even if they fixed her truck, there would be depreciation from the accident being on the carfax. Was there a lot of push back from the dealership?
@@BenJS2 No push back whatsoever, I suspect they addressed their lawyer and he /she advised them they'de come out better in the end by doing what we/I suggested. Needless to say, we've never gone back to that dealership again and, unfortunately, it cost that mechanic his job. They did a 2-day emergency repair on her wrecked truck and tried to get us to take it, but I insisted on the new one.
My mother has a case when her car was at the dealer awaiting service it was hit by another customer’s car being driven by a dealership employee. When she called to ask whether her car was ready they said it would be another week because they were waiting for “parts”. Turns out the car was at a body shop and the dealer was hoping to get it repaired and not tell her about it! Thankfully I went down there myself and when they couldn’t show me her car they admitted to what had happened. They did pay for the repair but they lost not just her business but mine as well!
The dealership and Allstate could buy a ton of good publicity if they just did the right thing, but they prefer to look like jerks to save a few bucks.
I love that they force us to pay for car insurance (as we should) but then insurance companies will do everything in their power to not pay out for repairs!
@@Emilthehun yep! I just got my car totaled because a dog and a man ran out in front of me, and the guy behind us didn’t see us, and smashed into the back of my car. The other driver was found to be 100% responsible because I had dash cam footage. Who knows if it would have turned out that way if I didn’t.
@@KatieJCruz exactly! Glad you had one. I've had one for years , and what I've noticed is people act totally different after they notice the cameras. Even cops are different. So its a win win for everyone. Glad you guys got what you deserved
A few years ago, the owner of a limited edition Mustang came to pick up his car from the dealership. The mechanic had taken it out and banged it up a lot. The dealership agreed to make the repairs. The owner said he wanted a replacement. The owner finally went to Ford Company to get a new car. Ths lady needs to do the same thing.
So after getting into an accident while test driving a customer’s vehicle, the dealership decided to not call the customer and inform them that their vehicle had been in an accident. And instead lets the customer come pick up the vehicle to realize it’s been wrecked.
I thought when they text drive it its in the area on the property if its big enough ...this dude was out on a joy ride doing things he shouldn't and dang its a brand new car they didn't need to text drive anything
@@KIMjB72 Kim, watch and listen carefully to the interview with the owner. The shady reporting doesn't emphasise that warranty work was required..so driving it to confirm fault or fix fault WAS required. And, oh, while it's there, can you do the oil and filter? less sensational, more truth.
I work at a dealership, that happened to a coworker he went to put gas into a customer's car. On way back he got rear-ended my dealership quickly paid back customer, but we also lost the sale.
Well, what would’ve costed Tomball Ford a few thousand bucks, just costed them a boatload in lost sales . I will make sure to spread the word about this dealership
I checked their social media accounts and it seems no one is really commenting about the incident . In fact they still have a few customers buying from them.
@@joeyking8756 My friend. Why is it hard for you to understand this situation. The whole thing happened UNDER their WATCH. She left her perfectly working car with this dealership for maintenance and to pick it up just as she left it in the same condition. This has to do with TRUST. No matter how this is not dealership fault or NOT, Tomball has a HUGE responsibility to make this right for her. For pete's sake she bought her car from their dealership and ONE OF THEIR OWN EMPLOYEE was driving or behind the wheel when this accident happened. This news bit is bringing BAD PUBLICITY for Tomball, Joey. Just for that reason alone, I would do whatever little I can do to help her and be on the people's or customers' side. *Would you leave your happy and healthy kids with your neighbors to watch them while you had to go somewhere for while and then come back to find every bones in your kids' body broken? Then, for your neighbors to deny that they did anything Wrong and its not their FAULT.* lol... think about it.
Yeah, just give her another car! It only costs that much more for everyone else buying a new car to make it right, and cover for a crooked insurance company. Not the mechanics fault, not the dealers fault. People are nuts, with ZERO brain cells. ZERO!
I did work in dealerships for many years. If we were at fault we bent over backwards to take care of the customer. In this case put the blame where it belongs. The driver at fault.
Actually this a Texas State law that allows Auto Insurance companies to divide percentages of who's at fault. Now I know Florida's No Fault Insurance may not bad after all.
@@jonniehickson5599 I agree, insurance is a racket. I prefer to set high deductibles with lower premiums and then pay for small incidents out of my own pocket rather than claim only to have the insurers bump up my premiums. I apply that approach to my vehicles, homes, and health insurance, and basically only use insurance for catastrophic events.
The dealership should replace her car no questions asked and the insurance assessor needs to be fired. If the police report puts all the responsibility on the other driver then guess what that other driver is 100% liable.
I’m an auto tech and there is a lot of tomfoolery going on here! First off: Fire the mechanic, you know they got paid for their injuries in her car! Now another great question is why would the mechanic need to be on the main road with her brand new car for a so called “ test drive” when it was only an oil change?!? And lastly, for that much damage he had to be speeding or on his phone. The car was in their care, so they are responsible and should have provided a car until she has a new car! She needs another better attorney, and sue the daylights out of Allstate and the dealership! SMH 🤦🏻♀️
@michele mcguire can't sue them, police didn't rule them at fault, it was the guy in the BMW with Allstate at fault.. Guess people aren't really watching the video
@@unusualfire prob didn't which is why she went to the media. This is such an easy fix. Obviously you wld never want ur dealership to crash your car. But this is what insurance is for. If her mother was driving and got into an accident. She gonna sue her mom. No. She wld make a claim on her OWN insurance to make her whole again. And if another party was involved in the accident you allow you insurance to handle it on your behalf. This is just how it works. No need to drag the dealership down and put on the news
This happened to me in 1995, took my car into a dealer in for minor repair, next day the trunk and rear lights were smashed in. The dealer wanted me to drive it off their property then come back the next day to discuss the damages.... and I refused. They said they had no idea how it happened, but after awhile they admitted an elderly volunteer attendant backed it into a dumpster. If mystery damage happens to your car at a dealer DO NOT drive it off their lot, it is a trap for them to say you did it.
HOW RUDE!!! They actually told you to drive it off and come back the next day... Wow... They must have thought you wouldn't notice the damages on your car. I am thinking that dealership was getting kickbacks from insurance companies... lol...
@@1USAUSA I was young at the time in college....Yeah they knew what had happened all along but first said I drove it in like that. Then tried to get me to drive it off their property. Then they admitted what happened. Then about a month later, repair wise they changed their mind and refused to pay the body shop for a new trunk (repainted used rear trunk) and tail lights as they said they were being ripped off by my body shop choice. So we threatened a court suit and they agreed to pay for the repairs this is about a 3 month ordeal. Do not drive your damaged car off the lot! Cannot emphasize that enough.
Questions to Ford dealership: 1. Why do you need a test drive for just an oil change? 2. Why do you think customer should responsible for the incident when she is NOT in the car?
Those were my thoughts too, at first, but after considering it I think the only other crooks 🤥, that are bigger 💩 than these, are the bankers and politicians, 🤢🤮👿🤬 but it's a close call. 🤔🧐
But if you watch and listen to the video, the police ruled that they weren't at fault and that the other driver insured by Allstate is at fault. So they aren't responsible
@@gapplevr4915 I watched the video, and believe Allstate determined that 30% of the liability was on the mechanic driver because of some frivolous assumption that he was "distracted". So, I would think that the dealership would be responsible for at least that portion. I agree with others... don't buy or get services from that dealership!!
@@SpllenigBeeWniner The fact that Allstate *claims* the dealership's driver was 30% at fault doesn't make it so. What is their basis for that claim? The other driver unlawfully turned in front of this driver; they are 100% responsible.
@@gapplevr4915 They had their customers car, they are responsible to make it right to their customer. Then they need to fight with the other driver to get their money back for the other driver who was at fault.
If the car was just in for an oil change,why was the mechanic taking it on a test drive? I won't ever let a dealership take my car for a drive or work on my car.
Spread the word around, MJ... I like how all these so-called FRIENDLY dealerships pretend to be on the customers' side and as soon as they run into an issue with their customers they will quickly and swiftly WASH THEIR HANDS of their RESPONSIBILITIES. This is exactly shown on this video.
@@water7305 first of all if it was warranty work they should be able to take care off all repairs at the dealership unless he was just test driving it to make sure everything is okay other than that her car shouldn’t have left the dealership
So you don’t expect someone to test drive your car after a repair is done? Especially if it was something dealing with a safety issue? Lol don’t be dumb!!!
When does an oil change involve a test drive? The dealership is 100% LIABLE. What a hot steaming pile of BS that she has to go through all this red tape and subterfuge and deflecting to get a new SUV. Hope she ain't going back to that dealership!
I had a similar situation. I went to the dealer for my first oil change on my 2015 Toyota Tundra. Waited in the lobby, then the manager pulls me to the side to say that my truck was in an accident after the oil change was completed. Unlike this person in the video. At least Toyota took responsibility and replaced the truck for a brand new one.
The dealership needs to pay her, and then sue the other driver’s insurance to recoup their loss. Yes, they aren’t responsible for the crash, but they are responsible for the condition of their customer’s car while it’s in their possession.
Have to disagree. If, for ex., a salesperson at the dealership carelessly backed his demonstrator into your car, the courts would would rule that the salesperson was negligent, and so the dealer would be liable for the negligence of their employee. However: If, say, a customer backed his car into your car that was properly parked by the dealer, then the dealer would not be responsible for the damages, because the dealer was in no way negligent.
@@meadowsmydog I'm not saying the crash was their fault, but if it hadn't been in their possession, it never would've been damaged. It's not in the customer to figure out on her own. I don't care what their legal responsibility is, they have a moral responsibility to take care of their customer
I agree with you Gabriel. The dealership, if they were smart, would pay the lady and go after the insurance company. It’s pennies in the scheme of things but the dealer could be “the hero” and gain much more in positive free publicity. And they would surely recoup the money from the insurance company.
Together or alone, Tomball Ford and Allstate have the opportunity to do the right thing here. I will remember this story every time I see a Tomball Ford or Allstate commercial.
Something similar to this happened to me (in Delaware) and the dealership took responsibility and fixed my car, but only after I confronted the owner in a heated argument. Tomball Ford is going to get a lot of bad PR attention because of this. You would think they would pay up to avoid the bigger problem that results in the loss of potential customers.
@@southernsass2937 Allstate is trying to protect their customer to pay only what their customer caused in damages. The other people are not in good hands. That's not Allstate's job nor their saying The you're in good hands part is their customer not the other person. FYI I don't like Allstate they do way to many comparative negligence claims. That being said your comment isn't funny, just wrong.
@@jessebaldwin2661 They were waiting to see how it played out first. No media attention, no resolution. Now they pretty much forced to do what they are supposed to do in the first place lol.
The dealer DID NOT total the vehicle. It was someone that pulled in front of her vehicle while being driven by the mechanic testing it. (why they need to test drive a vehicle after an oil change is a good question).
@@dundonrl The dealership is responsible for the customer's vehicle when it is in their possession. It does not matter who turned in front of whom. The dealership needs to sort it out between the other person's insurance and their insurance.
The vehicle was in the care of the dealership, THEY are responsible, THEY have liability which is why they have their own insurance. THEY should pay for a new vehicle and recoup the loss from the other driver's insurance. What is so difficult about this?
The dealership is responsible to the owner for damage that occurred while the car is in their possession. The dealer can then recover damages from the other driver.
*Imagine doing absolutely nothing and being blamed for it. The dealership and Allstate could've paid upfront and got this over with, or play the blame game and get even more attention from the news.*
Good little Fascist. She should call her insurance agent and let them deal with it, period. If the tech was legit driving the car and got tagged by a ticketed driver...what has the dealership got to do with anything?
@@u2mister17 exactly, people are blasting this dealer when they actually did more then they had to do. this is not uncommon and your insurance will sue the other for the remaining liability.
The car and incident is insured by someone it just needs to be figured out. Putting all those people out of work for the loss of a $50k or less vehicle seems pretty extreme.
The vehicle was brand new, why would the mechanic need to drive it anywhere??? Probably use customers cars regular to run errands or lunch. I had a mechanic use a car I had repaired by him and after it was fully done, before I can pick it up, drown it in deep water running errands.
What do you mean *Even if it wasn't the dealership's responsibility?* Bruh!!! Of course, they have responsibility to make this right for this lady. She didn't expect to leave her perfectly good car with them and end up picking it up completely totalled. Just because this incident will bring bad publicity to my business, I would do whatever I can do make her happy. Just because of this news bit, this dealership probably lost many many car sales totalling hundreds of thousands of dollars a lot more than the cost of this lady's SUV. SMH!!!
It's the fault of the two drivers, not the dealership. She needs to make a claim and let the insurance companies fight it out. There's no news here - move on.
@@jimroscovius But because the driver was their employee it does put liability on the dealership. The same way employers may worry about what we post on social media cause it reflects them. Only in this case it's more directly a part of their business. Especially considering its a person they instructed to do the work.
@@CurlyFromTheSwirly Bingo. Liability for employee mistakes/misconduct is 50% of the reason why the dealership has insurance to begin with. If this lady was smart then she claimed on her insurance (who would have then taken the dealership and their insurance to court for her).
Had employee at a dodge dealership steal my scat pack challenger my app gave me alerts had to rush get car back. He took it to racetrack and his house an hour away. People be careful who you trust with your car.
@@markjones354 yeah guy who stole mine said same thing but took mine to nascar speed way .mine was takin by the service valet not even a tech. He told me it would be locked in garage but nope phone gave me alerts dropped his address he was scared shitless when I pulled up took my car back.
I had my car damaged by a tow truck recently and initially the tow company was cooperative but they soon began ghosting me so I filed with my insurance and they filed a claim with the tow comapany. Saved me from getting angry and wasting my time with them. I got my money the day I spoke to my insurer.
When the mechanic was test driving the car he and therefore the dealer were responsible for any problems. Putting it on TV was a great way to get customers to find another dealer. How dumb can the dealer get ?
No, actually the lady who pulled out in front of the mechanic was at fault per the police report. Her insurance should pay, but like always they are trying to pass blame to Ford to cover 30%. Hey she pulled out in front of you when you had the right away, but you are 30% at fault... that's called a scam All State are some cheap scapes.
@@lolz616 unfortunately you're wrong, they live in a state that allows partial fault so the dealership is still liable for those 30% so even though t the accident was 100%the fault of the other driver the liability still lies with both including the dealership since the mechanic was on the clock when it happened.
@@michaelcastro5339 Unfortunately you are wrong. If someone is driving down the road, and a vehicle makes a left turn into traffic and causes a collision they are 100% at fault. Per the police report they were at FAULT. That 30% liability a game the person at faults insurance usually tries to play in certain instances but its a cut and dry case of fault here and Ford will easily win in court if All State fights them on them paying 30% because all they have to show is the report that proves the driver pulled straight out into oncoming traffic, that's not avoidable, but nice try my guy.
@@lolz616 your not anyways at fault for a collision on a left turn, 2 years ago I was T-boned by an idiot while I was doing a left turn and it was 100% their fault, the police even gave him a ticket. Everything depends on the situation, I was doing a legal turn [traffic was stopped] and he was driving on the bus lane (too good to wait in traffic like everyone else at the light) and got me.
It's called capitalism. Likewise. Insurance companies will lobby the government and mandate everyone have insurance. But when time comes up to pay the small guys, they will find every reason and way to squeeze out of paying. I paid for accident coverage. I don't care how the hell it happened or what my state was of being at that time. I paid for insurance. You pay up. On paper, it is going to down with a note that this car owner has claimed insurance, and so next time, her premiums are going to be much higher and will probably receive less coverage options too. Bullying 101.
Had to deal with Allstate when my LEGALLY PARKED car got hit. They wouldn’t budge until I called the adjuster 5 times a day for a month. Terrible, immoral, unethical company.
This is just terrible. Dealership left this woman to just “deal with it” and the damage happened under their care. Not right and not fair. I hope she resolves this and gets a new car soon..
Unfortunately the dealership only cares about you when you are buying the car after you actually buy it they dont care about you anymore. When you have an issue they are always too busy to help you out and always leave you to deal with it on your own
The insurance can pay 100% dont be fooled folks. If it says "At Fault" in the police report, then the driver is responsible for the accident. Do not do a report a claim if you're not at fault. That claim could slightly raise your policy when it's up for renewal
When she dropped off her car to the dealership in PERFECT condition and they took the keys. It has TOO BE returned back to her in the same condition, they can't win she just needs the right attorney who will take on this injustice......
Yeah all repair places make you sign a paper. Only way to void it is if they drove it for an unnecessary reason. You can also state you don’t allow driving at any roads outside the lot.
I dropped my car off at my Dealership for service, my wife picked me up as the car would be there until the afternoon, just before picking it up we stopped at the local Diner and there was my Car in their Parking lot, I asked my wife if she had my spare keys on her and she gave them to me, I got in my car and we drove back to the Dealership and I went to the Service Manager and said to him I am taking my car, you need to go get whoever was Driving my Car. I told them that was not a Test Drive after Servicing my Car, that was unauthorized use of my car. They gave me 2 years of free Service for both of my Cars.
Sue the dealership and post all over social media not to to business with this dealership. Hurting their reputation will cost them millions. They are 100% responsible.
This happened to me. The mechanic was out speeding in my car, the police tried to stop him and he ran. He totaled my car and it turns out he had a warrant out for his arrest. My car was about a year old so the dealership put me in a new car and pro-rated my equity and I just continued my payments. The nice part was that my car was a base model and the new one was top of the line for the same price. My wife turned on the waterworks and they were falling over themselves to make her happy.
This happened to me once in Atlanta! The Nissan dealership settled with insurance with no issue, loan paid out with no money out of my pocket and sold me another car, and upgraded packaged for less than what I paid initially. Even gave us a brand new luxury car to drive as a loaner while it was all worked out.
@@CurlyFromTheSwirlyyeah I started a business like 8 or 9 years ago after somone saw a sauna I built and asked if I could make some gates for their deck and just over a year later I had more clients than I could handle without any advertising all just word of mouth and people seeing my work.
My husband and I were looking at a new truck. Tomball in Houston has some amazing prices. After seeing this, we both agree it is time to look elsewhere.
i dont see why the dealership is really the bad one. Allstate admitted their driver was 70% at fault so why should the dealer be paying for all of it? If the dealer wasnt standing their ground Allstate would have gotten away with insurance fraud no problem
Someone needs to go undercover and bring in several cars that require the mechanic to road test a car. Be certain to have several hidden cameras and then publish the results.
I've been a mechanic for most of my life,and I want to know why you would test drive a car for a service,why would you take that responsibility for a service
I bought a car at Covert Ford Hutto, TX 1/23/24. after purchase I took it for a "pre buyers inspection" at a different shop. (yes I know, supposed to do that BEFORE you buy a car) but I thought "hey its a dealership. they check their stuff. none of that "buy here pay here BS" and all I expected was basic things like "oh it'll need new rotors next brake pad change" kind of stuff. turns out. the Differential had been leaking for MONTHS and there was a hose clamp on the drive shaft (its not supposed to have any kind of "weights" on it). There's also two super tiny hail dents on the car that wasn't visible to me (I did a walk around of the car before I bought it) that wasn't fixed. I only found out about this when I went to a Tinting shop to have the car tinted and they pointed it out to me. the coolant was also super low as well. as of right now its in their shop and hopefully they fix all this BS. if they don't fix it at no cost I will file a lawsuit against them. Also no. they did not disclose this major damage to me before purchase of the car. super easy lawsuit. I wouldn't have bought the car with that damage if they didn't want to fix it anyway. either that or remove 8k from the cars price with that kind of damage since id need it to fix the car. Not saying this was intentional but this is something that shouldn't have happened in the first place. they clearly didn't inspect this vehicle at all. I hate that dealership and Im never going to that place again once they fix this BS.
Oh, I see why, its the lets go after our local Houston car dealer, while out of state corporate insurance pigs refuse to pay out a claim that is their responsibility, mentality! Are you a paid shill for All-State insurance? You are a lemming pissnuts
The problem becomes financial then - you can bet the dealership and insurance companies have deeper legal pockets than this lady and can afford to drag it out in court well past her ability to keep in the game. Unjust and unfortunate. Passing the baton to her insurance company may be her best option, and as she was not at fault in any way, they can opt to not up her premiums. I sure hope she gets justice though, this is just a hot mess!
I would recommend to her going through her insurance. Yes she can sue but if she sues then she would be on her own even with a lawyer. She could potentially lose her case or be awarded what her insurance policy max are and then actually get less money because of the lawyer/court fees. Her insurance company would pay out on her max minus her deductible and subrogate or recover the loss. And I’m not sure why this dealership didn’t file a claim with their insurance though. But they should. Their driver was not a defensive driver.
@Dillon if they recover her money even 70% then no her insurance won’t be affected and most insurances offer accident forgiveness. So she’s better off going through her insurance.
Yikes, imagine losing your dealerships reputation over a 30k car
30% of a 30k car lol.
Yeah. Tells a lot about the @h0le owner. Rather lose a customer, in fact many, than accept responsibility for his employees that really shouldn't be driving cars for warranty work repairs that don't need driving
The Ford dealer didn’t cause this. She needs to sort it out with the other party.
@@user-ln7of9gs4swhy were they driving it in the first place?? 🤔🤔
@@user-ln7of9gs4sdouble wrong. 1-the dealer is 100% responsible for the vehicle in their custody. The dealer needs to make the other party pay. If he can’t, that’s on him. 2-the driver at the moment of the accident is the one that needs to be insured. Not the car.
The lesson is don't buy anything from Tomball ford,PERIOD
Exactly
dont buy anything from dealerships period
@@nemeanlioness LMFAO
1st party repair SUCKS
Cornball Ford. I mean Drop-da-ball Ford. Foul ball Ford. ......
30% of a $30,000 car is only $9,000, which they could claim from their own insurance. Imagine losing your entire reputation over that amount!
It's the principal of it.
whats crazy is service departments from dealerships make the bulk of the income. they make their money back in a week or 2 if they just payed for it. i know for a fact the ford dealership i work at would of just fixed what they broke and called it a day, because my boss really likes the fact the community has a high opinion of his business and public opinion does matter
@@DeathNikkiithe dealer is in the wrong, the only one violating the principle is them
@@mikewangg How is the dealer in the wrong? A police report indicates something else
Let us assume, that the mechanic had to do a test drive (warranty work) and didnt just take a joyride. In that case, how can you lose reputation (with ppl who can use their head and think) if you have done nothing wrong. The customer did nothing wrong. But neither did the dealership. I would agree with you, IF we had to take the word of the dealership or the mechanic. BUT, here we have a police report that assigns all blame solely on the other driver.
The dealership has the liability since they were in possession and driving the vehicle at the time of the accident. I hope she contacted the AG about this.
Ken Paxton Will definitely fix it in a hurry
no. I can go drive your car and have possession but it dont mean Im liable if someone hits me. Dealership not at fault at all there were thousands of similar cases, although liability is usually disputed
Dealership might be found liable in a case like this if, for example, they broke the car on their own parking lot by driving it into a wall. Still though, such a case would still have debatable liability
In this story the auto insurance is responsible. They even accepted responsibility, they just havent decided which of the two auto insurance companies is more at fault
@artyomarty391 The dealer is 100% responsible. As an employee of a dealership, you are insured and are supposed to be held liable in any event that a customer car is damaged. Thats what businesses have insurance for, unlike the womens personal insurance who will only cover damage if she is driving
@@dylanhall391 The dealership might be responsible if this accident happened on their lot, and due to their negligence. I m saying "might" because there have been many cases where even in these favorable circumstances, the dealership still wasnt responsible after a trial
Here the dealership took the vehicle to the road. Not only that, but the customer's auto insurance companies actually accepted a responsibility to pay, but it just hasnt settled who was at fault.
Its very likely any insurance that the dealership has does not cover accidents when the vehicle is in neutral possession, aka not on the lot
Women's personal insurance does not care much who was driving. Your auto insurance is tied to your car, not to you. This is like auto insurance 101... If you dont know even this most basic concept you probably shouldnt comment any further
@@artyomarty391 No, that stinks. The dealer's insurance should cover the cost fully. If her insurance pays then her auto insurance will go up considerably and she will be penalized for several years when none of it is her fault.
She shouldn't have to pay a dime, the mechanic that had the wreck was employed by the dealership and the buck stops there! I hope you never become a judge in any capacity, common sense and decency are required.
She should have to pay 0 dollars, literally she wasn’t even driving.
No need for "literally"
@A p Thank you.
@A p definitely a crappy situation, I do agree tho.
Exactly!!
It shouldn't even have to effect her policy because usually these type of accidents still raise the premium even tho its not her fault what so ever. Shame shame on that mechanic.
Why is this even like this? This lady did nothing wrong and now she’s being punished.
I hope this time hardcore republican people don’t blame Democrat governor of Texas for happened to this lady , oh wait it is a red state lol 😂.
(actual answer and not flippant one) It shouldn't be happening to her, as a retired insurance adjuster, this is not how things are handled normally. I highly doubt this is Allstate causing the issue and more Tomball Ford not wanting to file the claim with their provider. Just let's me know not to use that dealership. Mechanic shouldn't have taken the vehicle onto a public road and they had possession of the vehicle so as I see it they need to do the right thing and file the claim for the 30%. For them to be dragging this out is very bad business practice and horrible customer service.
@@monikasturm2575 thank God someone with a level head who knows what they are talking about.
@@gordonfranklin yeah! Because in any other country she would be out of a car completely.
Its Texas a conservative state the protect the business man
Ummm.
These people never watched Judge Judy.
The dealership took possession of the vehicle and it was damaged under their possession. It was their responsibility to ensure that it was returned in proper condition.
judge judy isnt legal standing
Most garages have a get out clause of ‘vehicle left at owner’s discretion’. Meaning that they are not responsible for any damage.
@@tonyhaynes9080 exactly what they do.. I have no idea what the resolution to this case ever was but the dealers try to weazle out however they can. since their mechanic was driving the car and deemed at 30% fault, it is possible a lawsuit went somewhere, the problem with just claiming it on your own insurance is you have to pay the deductible and if you are upsdie down on the load you have to pay off the note in full instantly or roll a whole lot of negative equity into a new purchase.. i always wish there was followup to stories like this to see what happened in the end
Worked as a BMW tech many decades ago. One of our younger (dumber) guys took the customer car he worked on for a "test drive", spun out on a reversed camber road (down hill towards the gutter and at the same time a left hand curve) and wrapped it around a pole as he slid off the road. Never learned the outcome for the customer, but we were quickly one mechanic short in the shop.
Even if it wasn’t the dealership’s fault, it still happened under their watch
Doesn't matter unfortunately because they will say your insurance covers uninsured drivers so she has to go through her insurance for whatever the at fault driver's insurance didn't cover.
They have insurance for that as well they just don’t want to use it to pay her She needs to sue them
@@fashionlife5348 yes they are just passing the buck. 🇬🇧 👍
“Responsibility is a unique concept... You may share it with others, but your portion is not diminished. You may delegate it, but it is still with you... If responsibility is rightfully yours, no evasion, or ignorance or passing the blame can shift the burden to someone else.” Admiral Hyman G. Rickover
@@fashionlife5348 You have insurance as well.. Are you gonna use it to pay for something that wasn’t your fault?
Good job, Tomball Ford. Instead of taking responsibility for the issue and keeping your customer happy, you've chosen to annoy 530,000 tube viewers.
and growing
I have heard that any publicity is good publicity. But I don't think that is true in this case.
@@CTSFanSam Agreed, with word of mouth being the most influential
Not only that. They probably lost many many sales.
Exactly and don't ever buy a Ford. The crap I have dealt with since February 2020 with ford service is unbelievable. I can't even make up the incompetence of Ford.
When a dealer or repair shop is in possession of a car, and something happens to it, they should automatically be 100% responsible for EVERYTHING. This needs to change.
What a bad lawyer.
You dont EVER accept an insurance claim against you if you are NOT at fault.
Thats a terrible lawyer.
Best advice ever what you on about? If your company agrees it's not your fault all they need is other persons details and insurance and pay you out. Why bother going through all the crap which could take months to get anything.This lawyer is honest rtare this days as he could have made a nice lumb.
He is stupid
She isn’t liable. The fact she needs to go through all this bull is disgusting.
It’s HER insurance company, that she has been paying premiums to, that are required to do this for her. THEY will make sure all responsible parties pay what is required. The fact that she didn’t even notify them is the problem. Non of the parties WANT to pay, it’s the insurance company that will make sure they do. Oh, and they will replace her car while doing all this.
@@michaelalbert8474 I sure hope so. Thank you for the comment.
💯💯💯💯💯
@@JenuinDon't believe everything you read.
@@TheEnd-dy1dd I agree. We need to do our research and check the facts.
Personally go against the Ford dealership employee and the dealership. Sue everyone, tie them up in court for a while.
Yeah horrible advice that man gave about going through your own insurance. Don’t do that. Fight them all the way through.
Ford has an ARMY of lawyers. She would waste
Soooo much money in court and she already has no car
@@iriedarling253 your not suing Ford motor company. Your suing the dealership.
@@iriedarling253 all the more reason Ford should step up and help het her car replaced.
Go to your insurance use there lawyers.
My wife took in her NEW F-150 in 2014 to the dealership for it's first oil change and tire rotation. The mechanic didn't tighten the lug nuts on one of the front wheels, my wife got on the road and the wheel fell off. A lot of damage to the front end. The dealership said they'd fix the damage for free. I said, "No, your going to give her a 2015 F-150 exactly like the one she brought in and we'll owe exactly what we do now, with the exact amount of months left on the loan, and we'll all walk away from this episode knowing better". The dealership had a NEW F-150 for my wife 2 days later.
This is interesting. Good thing your wife got a replacement. Even if they fixed her truck, there would be depreciation from the accident being on the carfax. Was there a lot of push back from the dealership?
@@BenJS2 No push back whatsoever, I suspect they addressed their lawyer and he /she advised them they'de come out better in the end by doing what we/I suggested. Needless to say, we've never gone back to that dealership again and, unfortunately, it cost that mechanic his job. They did a 2-day emergency repair on her wrecked truck and tried to get us to take it, but I insisted on the new one.
My mother has a case when her car was at the dealer awaiting service it was hit by another customer’s car being driven by a dealership employee. When she called to ask whether her car was ready they said it would be another week because they were waiting for “parts”. Turns out the car was at a body shop and the dealer was hoping to get it repaired and not tell her about it! Thankfully I went down there myself and when they couldn’t show me her car they admitted to what had happened. They did pay for the repair but they lost not just her business but mine as well!
They should have given her a loaner too
The dealership and Allstate could buy a ton of good publicity if they just did the right thing, but they prefer to look like jerks to save a few bucks.
Exactly
👍
Yep exactly
Hopefully now they both loose more money from this
Most of us will forget that we ever saw this by tomorrow....
I love that they force us to pay for car insurance (as we should) but then insurance companies will do everything in their power to not pay out for repairs!
Exactly I Always have Said Insurance Company's are Nothing but A RIP OFF..
@@kaharold that's why everyone should have a camera in their car.
Then drop you Or raise your rates!!
@@Emilthehun yep! I just got my car totaled because a dog and a man ran out in front of me, and the guy behind us didn’t see us, and smashed into the back of my car. The other driver was found to be 100% responsible because I had dash cam footage. Who knows if it would have turned out that way if I didn’t.
@@KatieJCruz exactly! Glad you had one. I've had one for years , and what I've noticed is people act totally different after they notice the cameras. Even cops are different. So its a win win for everyone. Glad you guys got what you deserved
Am I missing something? What is the car doing out in the streets for a first oil change?
Basically the mechanic had an errand and used your car. Is that Ethical? Let a jury decide.
Warranty work
Amen! Exactly what I'm asking!
@@whearts Or you could pay attention to the story. Warranty work was completed, so it was test driven.
Yes, you are. They clearly said it was there for an oil change and warranty work.
A few years ago, the owner of a limited edition Mustang came to pick up his car from the dealership. The mechanic had taken it out and banged it up a lot. The dealership agreed to make the repairs. The owner said he wanted a replacement. The owner finally went to Ford Company to get a new car. Ths lady needs to do the same thing.
So after getting into an accident while test driving a customer’s vehicle, the dealership decided to not call the customer and inform them that their vehicle had been in an accident. And instead lets the customer come pick up the vehicle to realize it’s been wrecked.
CRAZY INDEED
Gutless wonders.
I thought when they text drive it its in the area on the property if its big enough ...this dude was out on a joy ride doing things he shouldn't and dang its a brand new car they didn't need to text drive anything
Well that is because I is a Ford’s car.
@@KIMjB72
Kim,
watch and listen carefully to the interview with the owner. The shady reporting doesn't emphasise that warranty work was required..so driving it to confirm fault or fix fault WAS required.
And, oh, while it's there, can you do the oil and filter?
less sensational, more truth.
Point of fact: Tomball is gonna lose 10x in sales & service because they squabble over dimes and nickels, hanging the customer out to dry
You know it, I know it and the American people know it. :)
Why do you have a black face picture as your profile pic?
Why do u have blackface on your pfp
I doubt 10X or even a large fraction of that since most won't watch or hear about this. Still hope they have a negative return long term over this.
Lol why do you care about his pfp?If you’re offended by this you should probably just not come on here anymore…
You can report them and put them under investigation causing them a hell of a lot of trouble.
I work at a dealership, that happened to a coworker he went to put gas into a customer's car. On way back he got rear-ended my dealership quickly paid back customer, but we also lost the sale.
Allstate: “you’re in good hands” 😂 until you crash
Allstate is the worst insurance company you can have
You have Allstate, DON’T HIT ME!
That’s what all insurance companies are. Quick to get your monthly premium, and when it’s time for claims, you go through a hell of a circus.
Mercury is right there as a crappy auto insurance company
All they give you is the finger.
This is so wrong!!! Why should she have to pay for something that she didn’t do
👍👍
Ikr…not sure why they think the bad press is worth only 30% of this woman’s car.
@@twdjt6245 right? Now no one will buy from them.. their loss I guess 😂
Nobody wants to be responsible. Some people have no conscience.
Because Texas
Never trust a dealership. Ever
Like most Americans, I can't afford an attorney.
But, I can afford a box of lead!
Well, what would’ve costed Tomball Ford a few thousand bucks, just costed them a boatload in lost sales . I will make sure to spread the word about this dealership
Exactly, Ronnie A. I am pretty sure they lost so many sales because of this. SMH!!!
I checked their social media accounts and it seems no one is really commenting about the incident . In fact they still have a few customers buying from them.
@@testing448 Of course... they will always have some customers but not as many as before.
The dealership was not found at fault, why would it effect their sales?
@@joeyking8756 My friend. Why is it hard for you to understand this situation. The whole thing happened UNDER their WATCH. She left her perfectly working car with this dealership for maintenance and to pick it up just as she left it in the same condition. This has to do with TRUST. No matter how this is not dealership fault or NOT, Tomball has a HUGE responsibility to make this right for her. For pete's sake she bought her car from their dealership and ONE OF THEIR OWN EMPLOYEE was driving or behind the wheel when this accident happened. This news bit is bringing BAD PUBLICITY for Tomball, Joey. Just for that reason alone, I would do whatever little I can do to help her and be on the people's or customers' side. *Would you leave your happy and healthy kids with your neighbors to watch them while you had to go somewhere for while and then come back to find every bones in your kids' body broken? Then, for your neighbors to deny that they did anything Wrong and its not their FAULT.* lol... think about it.
That's petty just give her another car, especially since she wasn't behind the wheel... EXTRA PETTY
@@blackspider9561 it’s more expensive to fix then to replace the vehicle
Yeah, just give her another car! It only costs that much more for everyone else buying a new car to make it right, and cover for a crooked insurance company. Not the mechanics fault, not the dealers fault.
People are nuts, with ZERO brain cells. ZERO!
I think you missed the story. Not the dealers fault. You must test drive after warranty repair. Read what you signed on repair order.
@@drz400sm5 you must work at that dealership lmao
I did work in dealerships for many years. If we were at fault we bent over backwards to take care of the customer. In this case put the blame where it belongs. The driver at fault.
Cant find an update to this, hope she get her problem fixed.
Why would you need to "test drive" an oil change?
The fact that the dealership refused to even contact her. Tells me they’re more responsible than they let on.
her vehicle left their property for an oil change.
@@spencerphilippinedream3706 thats what i was saying. That mechanic took her SUV for a joyride and totalled it.
I think you mean, “irresponsible.”
Fact of the matter is, the car was on their property and was destroyed. They refuse to take responsibility, take them to court.
@@oceanbytez847 Exactly, he had no business taking the car out on the road if it was only there for an oil change.
This piece should be titled, "Why insurance companies suck."
All of them. They are straight gangsters.
Actually this a Texas State law that allows Auto Insurance companies to divide percentages of who's at fault. Now I know Florida's No Fault Insurance may not bad after all.
@@jonniehickson5599 I agree, insurance is a racket. I prefer to set high deductibles with lower premiums and then pay for small incidents out of my own pocket rather than claim only to have the insurers bump up my premiums. I apply that approach to my vehicles, homes, and health insurance, and basically only use insurance for catastrophic events.
Yes.
Insurance Companies: You pay your high premiums on time, just don't make a legitimate claim because if you do this is the result. No doubt they suck!!
The dealership should replace her car no questions asked and the insurance assessor needs to be fired. If the police report puts all the responsibility on the other driver then guess what that other driver is 100% liable.
I’m an auto tech and there is a lot of tomfoolery going on here!
First off:
Fire the mechanic, you know they got paid for their injuries in her car!
Now another great question is why would the mechanic need to be on the main road with her brand new car for a so called “ test drive” when it was only an oil change?!?
And lastly, for that much damage he had to be speeding or on his phone. The car was in their care, so they are responsible and should have provided a car until she has a new car!
She needs another better attorney, and sue the daylights out of Allstate and the dealership! SMH 🤦🏻♀️
It said the car was in for an oil change and some kind of warranty work, so they might have been testing out the warranty fixes.
This is absolutely ridiculous! She is not liable.
I'd sue the mechanic
@michele mcguire can't sue them, police didn't rule them at fault, it was the guy in the BMW with Allstate at fault.. Guess people aren't really watching the video
Just file claim with Your own insurance. Then let them fight it out. That's why you buy insurance
@@darwinLee81283 She is SOL if she didnt have gap insurance.
@@unusualfire prob didn't which is why she went to the media. This is such an easy fix. Obviously you wld never want ur dealership to crash your car. But this is what insurance is for. If her mother was driving and got into an accident. She gonna sue her mom. No. She wld make a claim on her OWN insurance to make her whole again. And if another party was involved in the accident you allow you insurance to handle it on your behalf. This is just how it works. No need to drag the dealership down and put on the news
This happened to me in 1995, took my car into a dealer in for minor repair, next day the trunk and rear lights were smashed in.
The dealer wanted me to drive it off their property then come back the next day to discuss the damages.... and I refused.
They said they had no idea how it happened, but after awhile they admitted an elderly volunteer attendant backed it into a dumpster.
If mystery damage happens to your car at a dealer DO NOT drive it off their lot, it is a trap for them to say you did it.
EXACTLY ! ...
HOW RUDE!!! They actually told you to drive it off and come back the next day... Wow... They must have thought you wouldn't notice the damages on your car. I am thinking that dealership was getting kickbacks from insurance companies... lol...
@@1USAUSA I was young at the time in college....Yeah they knew what had happened all along but first said I drove it in like that. Then tried to get me to drive it off their property. Then they admitted what happened. Then about a month later, repair wise they changed their mind and refused to pay the body shop for a new trunk (repainted used rear trunk) and tail lights as they said they were being ripped off by my body shop choice. So we threatened a court suit and they agreed to pay for the repairs this is about a 3 month ordeal. Do not drive your damaged car off the lot! Cannot emphasize that enough.
Elderly volunteer attendant?
Good advice Eric Stevens. Sad that there are so many dishonest and unethical people out there.
SHE LEFT THE CAR IN CARE OF FORD! THEY'RE RESPONSIBLE FOR IT!
Questions to Ford dealership:
1. Why do you need a test drive for just an oil change?
2. Why do you think customer should responsible for the incident when she is NOT in the car?
The only bigger thief than an Insurance Company is a Car Dealership !!
Exactly, when 2 scammers go at each other !!!
Hear,hear.
Those were my thoughts too, at first, but after considering it I think the only other crooks 🤥, that are bigger 💩 than these, are the bankers and politicians, 🤢🤮👿🤬 but it's a close call. 🤔🧐
Their technician was behind the wheel. Tomball Ford should be held responsible and do the right thing.
But if you watch and listen to the video, the police ruled that they weren't at fault and that the other driver insured by Allstate is at fault. So they aren't responsible
@@gapplevr4915 I watched the video, and believe Allstate determined that 30% of the liability was on the mechanic driver because of some frivolous assumption that he was "distracted". So, I would think that the dealership would be responsible for at least that portion. I agree with others... don't buy or get services from that dealership!!
@@SpllenigBeeWniner The fact that Allstate *claims* the dealership's driver was 30% at fault doesn't make it so. What is their basis for that claim? The other driver unlawfully turned in front of this driver; they are 100% responsible.
Yes, they should take care of their customer first, and then let their insurance fight with Allstate to get their reimbursement.
@@gapplevr4915 They had their customers car, they are responsible to make it right to their customer. Then they need to fight with the other driver to get their money back for the other driver who was at fault.
If the car was just in for an oil change,why was the mechanic taking it on a test drive? I won't ever let a dealership take my car for a drive or work on my car.
This is the dealerships problem, the car was in their custody when the accident happened. The dealership needs to make the customer whole here.
Moral of the story is never do business with Tomball Ford.
Spread the word around, MJ... I like how all these so-called FRIENDLY dealerships pretend to be on the customers' side and as soon as they run into an issue with their customers they will quickly and swiftly WASH THEIR HANDS of their RESPONSIBILITIES. This is exactly shown on this video.
I wouldn’t do business with Ford at all. Save yourself the headache and buy a Japanese car
@@1USAUSA yo no one is your freind people one want money
@@beanbagboys4202 You have a point, but they have to be friendly first or pretend to be FRIENDLY to get your WALLET... lol...
Yes, when I take my car to the FORD dealer for an oil change they ALWAYS screw something up, never this bad though...
Why was he driving her vehicle anyway, he never should have left the car lot, the dealership is responsible for your vehicle when u take it to them
Yes, that is my question as well if it was just an oil change.
@George L exactly idiots
@@jokerace8227 That's not what was said in the story.
@@water7305 first of all if it was warranty work they should be able to take care off all repairs at the dealership unless he was just test driving it to make sure everything is okay other than that her car shouldn’t have left the dealership
So you don’t expect someone to test drive your car after a repair is done? Especially if it was something dealing with a safety issue? Lol don’t be dumb!!!
When does an oil change involve a test drive? The dealership is 100% LIABLE. What a hot steaming pile of BS that she has to go through all this red tape and subterfuge and deflecting to get a new SUV. Hope she ain't going back to that dealership!
I had a similar situation. I went to the dealer for my first oil change on my 2015 Toyota Tundra. Waited in the lobby, then the manager pulls me to the side to say that my truck was in an accident after the oil change was completed. Unlike this person in the video. At least Toyota took responsibility and replaced the truck for a brand new one.
The dealership needs to pay her, and then sue the other driver’s insurance to recoup their loss. Yes, they aren’t responsible for the crash, but they are responsible for the condition of their customer’s car while it’s in their possession.
Not when damage happens through NO fault of their own...
@@ffjsb it was in their possession when it happened
Have to disagree. If, for ex., a salesperson at the dealership carelessly backed his demonstrator into your car, the courts would would rule that the salesperson was negligent, and so the dealer would be liable for the negligence of their employee.
However: If, say, a customer backed his car into your car that was properly parked by the dealer, then the dealer would not be responsible for the damages, because the dealer was in no way negligent.
@@meadowsmydog I'm not saying the crash was their fault, but if it hadn't been in their possession, it never would've been damaged. It's not in the customer to figure out on her own. I don't care what their legal responsibility is, they have a moral responsibility to take care of their customer
I agree with you Gabriel. The dealership, if they were smart, would pay the lady and go after the insurance company. It’s pennies in the scheme of things but the dealer could be “the hero” and gain much more in positive free publicity. And they would surely recoup the money from the insurance company.
Together or alone, Tomball Ford and Allstate have the opportunity to do the right thing here. I will remember this story every time I see a Tomball Ford or Allstate commercial.
Something similar to this happened to me (in Delaware) and the dealership took responsibility and fixed my car, but only after I confronted the owner in a heated argument. Tomball Ford is going to get a lot of bad PR attention because of this. You would think they would pay up to avoid the bigger problem that results in the loss of potential customers.
Supposed to be in good hands right? Ha!
@@southernsass2937 Allstate is trying to protect their customer to pay only what their customer caused in damages. The other people are not in good hands. That's not Allstate's job nor their saying The you're in good hands part is their customer not the other person. FYI I don't like Allstate they do way to many comparative negligence claims. That being said your comment isn't funny, just wrong.
@@truthseeker3909 Both need to pay up. This woman is left with no vehicle!
@@jessebaldwin2661 They were waiting to see how it played out first. No media attention, no resolution. Now they pretty much forced to do what they are supposed to do in the first place lol.
The right way to handle this is to have the dealership to pay the 30% and Allstate pay the 70%. That should be the correct way
Never take your car or business to this dealership. if you do, you've been warned. I would file a lawsuit against the dealership.
Well, I will not be purchasing any Ford products; this Dealership is scum!
Check the cameras.
Your not going to buy Ford cause a stealership is scum?
Karen move
Me too. My Ford started to give me problems. I return that crap ASAP. 😂
Corporate greed is the NEW GANGSTER of our beloved Nation.
Imagine a better headline “Dealership gifts women new car after totaling hers during an oil change.”
Or even the dealership reimbursing the cost would work as well 🤷♀️ anything except “not our fault :/“
They really should just gift her a new car
The dealer DID NOT total the vehicle. It was someone that pulled in front of her vehicle while being driven by the mechanic testing it. (why they need to test drive a vehicle after an oil change is a good question).
they missed a historic PR opportunity for a few bucks in advertising, I don't think these people are the smartest tools in the shed.
@@dundonrl The dealership is responsible for the customer's vehicle when it is in their possession. It does not matter who turned in front of whom. The dealership needs to sort it out between the other person's insurance and their insurance.
The vehicle was in the care of the dealership, THEY are responsible, THEY have liability which is why they have their own insurance. THEY should pay for a new vehicle and recoup the loss from the other driver's insurance. What is so difficult about this?
She brought it in for an oil change. There is no reason that mechanic should be driving anywhere beyond the garage area to the parking lot.
Oil change doesn’t require touring around on public streets
That is true, and now the dealer is responsible. They must give her a new car because it’s in guarantee.
Like it says in video, they were doing some other work as well.
I know right let me take this to jiffy lube and have a Ferris Buelar day off.
Right. Whatever minor warranty work she brought the car in for likely didn't warrant driving it off the property.
@@tylerpashel1789 brand new, what else need to be work on?
We live in the age where no one takes responsibility for anything.
Selfishness Self- Centeredness! That we think is the root of our troubles.
Passing the buck.
well if wasn't the dealer ship fault the at fault driver should. but how the dealership handle it was bad
I blame pale pirates everywhere
Sounds like a Ford dealer response.
The dealership is responsible to the owner for damage that occurred while the car is in their possession. The dealer can then recover damages from the other driver.
*Imagine doing absolutely nothing and being blamed for it. The dealership and Allstate could've paid upfront and got this over with, or play the blame game and get even more attention from the news.*
Even 2 babies can make a agreement on toys
This sounds like a good reason to put this car dealership out of business.
Seconded
Thirded
Good little Fascist.
She should call her insurance agent and let them deal with it, period.
If the tech was legit driving the car and got tagged by a ticketed driver...what has the dealership got to do with anything?
@@u2mister17 exactly, people are blasting this dealer when they actually did more then they had to do. this is not uncommon and your insurance will sue the other for the remaining liability.
The car and incident is insured by someone it just needs to be figured out.
Putting all those people out of work for the loss of a $50k or less vehicle seems pretty extreme.
Hell no! Don't go through your own insurance! Use the attorney and sue the dealership and allstate!!!
The vehicle was brand new, why would the mechanic need to drive it anywhere??? Probably use customers cars regular to run errands or lunch. I had a mechanic use a car I had repaired by him and after it was fully done, before I can pick it up, drown it in deep water running errands.
Remember ... DON'T BUY ANYTHING FROM TOMBALL FORD.
I wonder how many sales that dealer just lost over one car.
I’m absolutely 100% sure, I will NEVER use that dealer. Not even if I just have to use their bathroom. And that goes for Allstate too!
@@oooof6861 Allstate is not the problem Texas law might be the issue
Another I hope!
Exactly I know for sure nobody would eat to do business with them after that bs
Once the dealer sells a car, they forget about the customer. It's all about the money, not good customer service.
This whole percentage of assigned fault is bs. I’m glad I dont live in a state that does that.
Test drive for oil change..........absolute lies.
Even if it wasn’t the dealerships responsibility, that’s just bad publicity for them.
What do you mean *Even if it wasn't the dealership's responsibility?* Bruh!!! Of course, they have responsibility to make this right for this lady. She didn't expect to leave her perfectly good car with them and end up picking it up completely totalled. Just because this incident will bring bad publicity to my business, I would do whatever I can do make her happy. Just because of this news bit, this dealership probably lost many many car sales totalling hundreds of thousands of dollars a lot more than the cost of this lady's SUV. SMH!!!
@@1USAUSA do you not understand english?
@@avega2792 its figure of speak, my friend. I know what you mean but you are wrong is what I was saying. lol...
@@1USAUSA I don’t think you understand english at all.
@@avega2792 ROTFLMAO!!! Okay, if you say so, Professor... LOL...
Lesson learned: Don't go to Tomball Ford.
her first mistake was buying a Ford
How is the dealership NOT responsible? Disgusting.
Teflon dealership
Watch the video…. Allstate has deflected blame… typical insurance scam games…
It's the fault of the two drivers, not the dealership. She needs to make a claim and let the insurance companies fight it out. There's no news here - move on.
@@jimroscovius
But because the driver was their employee it does put liability on the dealership.
The same way employers may worry about what we post on social media cause it reflects them.
Only in this case it's more directly a part of their business. Especially considering its a person they instructed to do the work.
@@CurlyFromTheSwirly Bingo. Liability for employee mistakes/misconduct is 50% of the reason why the dealership has insurance to begin with. If this lady was smart then she claimed on her insurance (who would have then taken the dealership and their insurance to court for her).
I have a question why was the technician taking the car on road test just for an oil change. All dealerships are dishonest and just horrible !!!
Had no business taking car off the lot.
She was having warranty work done as well, not just an oil change. Some work requires a test drive
Had employee at a dodge dealership steal my scat pack challenger my app gave me alerts had to rush get car back. He took it to racetrack and his house an hour away. People be careful who you trust with your car.
He was driving because she also had some warranty work done as well and I assume he was making sure his work was done correctly 🤔
@@markjones354 yeah guy who stole mine said same thing but took mine to nascar speed way .mine was takin by the service valet not even a tech. He told me it would be locked in garage but nope phone gave me alerts dropped his address he was scared shitless when I pulled up took my car back.
Insurance companies need to brought to heel. They are completely out of control, corrupt, and overpowered.
I had my car damaged by a tow truck recently and initially the tow company was cooperative but they soon began ghosting me so I filed with my insurance and they filed a claim with the tow comapany. Saved me from getting angry and wasting my time with them. I got my money the day I spoke to my insurer.
When the mechanic was test driving the car he and therefore the dealer were responsible for any problems. Putting it on TV was a great way to get customers to find another dealer. How dumb can the dealer get ?
No, actually the lady who pulled out in front of the mechanic was at fault per the police report. Her insurance should pay, but like always they are trying to pass blame to Ford to cover 30%. Hey she pulled out in front of you when you had the right away, but you are 30% at fault... that's called a scam All State are some cheap scapes.
@@lolz616 You’re completely right however I think the customer service of the dealer maybe in question but she seems like a bit of Karen so..
@@lolz616 unfortunately you're wrong, they live in a state that allows partial fault so the dealership is still liable for those 30% so even though t the accident was 100%the fault of the other driver the liability still lies with both including the dealership since the mechanic was on the clock when it happened.
@@michaelcastro5339 Unfortunately you are wrong. If someone is driving down the road, and a vehicle makes a left turn into traffic and causes a collision they are 100% at fault. Per the police report they were at FAULT. That 30% liability a game the person at faults insurance usually tries to play in certain instances but its a cut and dry case of fault here and Ford will easily win in court if All State fights them on them paying 30% because all they have to show is the report that proves the driver pulled straight out into oncoming traffic, that's not avoidable, but nice try my guy.
@@lolz616 your not anyways at fault for a collision on a left turn, 2 years ago I was T-boned by an idiot while I was doing a left turn and it was 100% their fault, the police even gave him a ticket. Everything depends on the situation, I was doing a legal turn [traffic was stopped] and he was driving on the bus lane (too good to wait in traffic like everyone else at the light) and got me.
I don’t understand why some companies can’t take responsibility for their employees actions.
She should be able to sue the individual.
It's called capitalism. Likewise. Insurance companies will lobby the government and mandate everyone have insurance. But when time comes up to pay the small guys, they will find every reason and way to squeeze out of paying.
I paid for accident coverage. I don't care how the hell it happened or what my state was of being at that time. I paid for insurance. You pay up.
On paper, it is going to down with a note that this car owner has claimed insurance, and so next time, her premiums are going to be much higher and will probably receive less coverage options too.
Bullying 101.
@@harsimran1 this is what they do with medical insurance as well. Just horrible insurance all around.
Especially a car dealership! She bought it a few months earlier. And it won't cost them much to fix. Most of cost is labour.
@@TravelingwithValeman77 but they said the car was totaled. So they would have to give her a new car.
Had to deal with Allstate when my LEGALLY PARKED car got hit. They wouldn’t budge until I called the adjuster 5 times a day for a month. Terrible, immoral, unethical company.
The dealership said that the other driver turned left, but the damage is on the right side of the vehicle.
unless the camera flipped it, alot of cameras flip the picture.
This is just terrible. Dealership left this woman to just “deal with it” and the damage happened under their care. Not right and not fair. I hope she resolves this and gets a new car soon..
Yes! They should give her a new car after that and fire the mechanic.
@@jennyl.2689 Fire him for what? it was not his fault.
& they refuse to let you drive the car while they work on it too. Hell NO.
Unfortunately the dealership only cares about you when you are buying the car after you actually buy it they dont care about you anymore. When you have an issue they are always too busy to help you out and always leave you to deal with it on your own
That would be the last time I'd do business with that dealership.
I was considering this dealership for a new vehicle, just scratched them off the list
@shaun How can you come to that conclusion from a single youtube comment. Idiot.
He’s a trumpy sheep that’s why 🤣🤣🤣🤣🤣🤣 run along Cheeto Jesus is calling😎
@shaun when your buying cash you don’t worry about credit scores fool run along little boy
@@mohammadrahman4575 cuz he's poor and jealous that you can get a new car and they can't. Typical internet jealousy.
Yep, the bad PR will hurt this business much more than them paying out on a claim ever would.
The insurance can pay 100% dont be fooled folks. If it says "At Fault" in the police report, then the driver is responsible for the accident. Do not do a report a claim if you're not at fault. That claim could slightly raise your policy when it's up for renewal
Why is the mechanic taking a car on drive to begin with it? That is stupid from all angles
When she dropped off her car to the dealership in PERFECT condition and they took the keys. It has TOO BE returned back to her in the same condition, they can't win she just needs the right attorney who will take on this injustice......
FORD FIX OR REPAIR DAILY
@@ekop1778 found on road dead and found on rubbish dump = Ford
Read the repair order you sign when dropping it off for service
FORD = Fix Or Reck Dealership
Yeah all repair places make you sign a paper. Only way to void it is if they drove it for an unnecessary reason. You can also state you don’t allow driving at any roads outside the lot.
Basically she's getting screwed and it's not even her fault
I dropped my car off at my Dealership for service, my wife picked me up as the car would be there until the afternoon, just before picking it up we stopped at the local Diner and there was my Car in their Parking lot, I asked my wife if she had my spare keys on her and she gave them to me, I got in my car and we drove back to the Dealership and I went to the Service Manager and said to him I am taking my car, you need to go get whoever was Driving my Car. I told them that was not a Test Drive after Servicing my Car, that was unauthorized use of my car. They gave me 2 years of free Service for both of my Cars.
Sue the dealership and post all over social media not to to business with this dealership. Hurting their reputation will cost them millions. They are 100% responsible.
This happened to me. The mechanic was out speeding in my car, the police tried to stop him and he ran. He totaled my car and it turns out he had a warrant out for his arrest. My car was about a year old so the dealership put me in a new car and pro-rated my equity and I just continued my payments. The nice part was that my car was a base model and the new one was top of the line for the same price. My wife turned on the waterworks and they were falling over themselves to make her happy.
That is a good dealership
@@youtubesucks1499 And a good wife
Name of dealership ?
@@av36Cry Me a River Ford Ltd.
Yes! Same with me! I may have cried on the phone when they told me the bad news.
This happened to me once in Atlanta! The Nissan dealership settled with insurance with no issue, loan paid out with no money out of my pocket and sold me another car, and upgraded packaged for less than what I paid initially. Even gave us a brand new luxury car to drive as a loaner while it was all worked out.
Caude some businesses want a happy customer and good word of mouth. Others pinch every penny, and don't think losing 1 customer matters.
@@CurlyFromTheSwirlyyeah I started a business like 8 or 9 years ago after somone saw a sauna I built and asked if I could make some gates for their deck and just over a year later I had more clients than I could handle without any advertising all just word of mouth and people seeing my work.
Oh you mean there's a way to properly handle this accident by the business? Crazy they decided to this instead
@thecommenter9671
lol, there's always a right way and a wrong way. In this case there's a better way.
@@CurlyFromTheSwirly yea first part was sarcasm of course theirs a right way
Happened to my father's car years ago. Dealership handled it professionally. Bought a ton of cars from them since.
The dealership needs to pay 100%
My husband and I were looking at a new truck. Tomball in Houston has some amazing prices. After seeing this, we both agree it is time to look elsewhere.
Yeah they would probably wreck it outside the showroom and say your liable since you signed the deal.
You could always buy the truck there and take it elsewhere for service.
You can buy from them and use different dealer for maintenance....
@@teekay_1 or just don't, that's the point of it ( they don't want to spend their money at a crappy dealership
@@calvinjohn26 Maybe, but in every dealership, the sales side is a separate profit/loss center than the service side.
I’ll remember this the next time a dealership advertises about being “friendly”.
Tomball Ford
Lodi honda
i dont see why the dealership is really the bad one. Allstate admitted their driver was 70% at fault so why should the dealer be paying for all of it? If the dealer wasnt standing their ground Allstate would have gotten away with insurance fraud no problem
@@steelwitness that's not the issue. The dealership is 30% responsible and refusing to pay their share. Allstate said they will cover their 70%.
@@gpturner0924 no allstate did not. Allstate filed a lawsuit is what Allstate did lol
Suing the owner/ general manager in the suit.
Someone needs to go undercover and bring in several cars that require the mechanic to road test a car. Be certain to have several hidden cameras and then publish the results.
This is unacceptable. People should boycott that dealership.
Do a Google review. It would help a lot
Stand out side of dealer with a leaflet explaining what happened, and give to everybody that walks into the place .
People should drop All State, that insurance company needs to go bankrupt
Buy a Chevy!!!
When the vehicle is in your care, operating under your employees control, you are responsible.
I've been a mechanic for most of my life,and I want to know why you would test drive a car for a service,why would you take that responsibility for a service
I bought a car at Covert Ford Hutto, TX 1/23/24. after purchase I took it for a "pre buyers inspection" at a different shop. (yes I know, supposed to do that BEFORE you buy a car) but I thought "hey its a dealership. they check their stuff. none of that "buy here pay here BS" and all I expected was basic things like "oh it'll need new rotors next brake pad change" kind of stuff.
turns out. the Differential had been leaking for MONTHS and there was a hose clamp on the drive shaft (its not supposed to have any kind of "weights" on it). There's also two super tiny hail dents on the car that wasn't visible to me (I did a walk around of the car before I bought it) that wasn't fixed. I only found out about this when I went to a Tinting shop to have the car tinted and they pointed it out to me.
the coolant was also super low as well.
as of right now its in their shop and hopefully they fix all this BS. if they don't fix it at no cost I will file a lawsuit against them.
Also no. they did not disclose this major damage to me before purchase of the car. super easy lawsuit. I wouldn't have bought the car with that damage if they didn't want to fix it anyway.
either that or remove 8k from the cars price with that kind of damage since id need it to fix the car.
Not saying this was intentional but this is something that shouldn't have happened in the first place. they clearly didn't inspect this vehicle at all. I hate that dealership and Im never going to that place again once they fix this BS.
Everyone in Houston now knows they should never purchase a vehicle or have it serviced at Tomball Ford.
YOU GOT THAT RIGHT, AND STAY AWAY FROM FORD IN BAYTOWN.
Oh, I see why, its the lets go after our local Houston car dealer, while out of state corporate insurance pigs refuse to pay out a claim that is their responsibility, mentality!
Are you a paid shill for All-State insurance? You are a lemming pissnuts
@@dezznutz3743 Are you in bed w/ the dealership in some way - trying to give them dezz nuts? kekw
The lawyer trying to persuade her not to sue. She can sue both the insurance company, the dealership and the other driver
The problem becomes financial then - you can bet the dealership and insurance companies have deeper legal pockets than this lady and can afford to drag it out in court well past her ability to keep in the game. Unjust and unfortunate. Passing the baton to her insurance company may be her best option, and as she was not at fault in any way, they can opt to not up her premiums. I sure hope she gets justice though, this is just a hot mess!
Seems like Show me honest lawyer ......
I would recommend to her going through her insurance. Yes she can sue but if she sues then she would be on her own even with a lawyer. She could potentially lose her case or be awarded what her insurance policy max are and then actually get less money because of the lawyer/court fees. Her insurance company would pay out on her max minus her deductible and subrogate or recover the loss. And I’m not sure why this dealership didn’t file a claim with their insurance though. But they should. Their driver was not a defensive driver.
She is not winning, not on her own against an insurance company they are pos this is what they do.
@Dillon if they recover her money even 70% then no her insurance won’t be affected and most insurances offer accident forgiveness. So she’s better off going through her insurance.