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Hail Damage: Who is Liable?

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Old 05-25-2011, 09:25 PM   #1
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Hail Damage: Who is Liable?

Over the last few months, I have been battling with Toyota to get this issue fixed:

http://www.tacomaworld.com/forum/2nd...vibration.html

Two days ago, I dropped off my truck again as they were putting in a new transmission. They apparently park the vehicles out in the parking lot overnight. I then had a loaner/rental given to me (third time now) and took it home. Last night, the DFW area took some very bad storms, including baseball size hail that hit my home. The rental was out in my driveway, took damage and I am ultimately responsible for this.

My truck was at the dealership. Late last night, I emailed with the service manager and my service rep. I asked for a quick status check of my truck for damages. Why? Because the same storm that hit my home traveled towards that dealership, ultimately pounding and damaging 70% of their inventory. It wasn't until I actually asked a second time in the middle of the day that my truck be checked and sure enough there was damage.

With me already having to claim the rental on my insurance, who is responsible for the damage to my truck? I will NOT be claiming two vehicles on my insurance. After 2 months of having my truck in and out of the dealership for repairs, I find that Toyota should have some responsibility in this as well.

Where do I go from here? The reason I am on here tonight is because I apparently do get to pickup my truck tomorrow. Any help would be greatly appreciated!
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Old 05-25-2011, 10:52 PM   #2
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If I was you, I'd call my insurance rep and ask them what they think. Get some advice from the pros. That being said, my thinking is if it was on the dealer's lot, then their insurance should cover the damage as they accepted receipt of your vehicle. But again this is really a question for the pros. Your agent should be able to tell you what to do.
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Old 05-25-2011, 11:12 PM   #3
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Your insurance or a 3rd party insurance ( if purchase at time of rental for the rental car) is responsible for the rental car. That's how it usually works when my dad rents a car. As for your truck,It should be the dealers. It was in their possession at the time of damage.
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Old 05-25-2011, 11:17 PM   #4
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Dont take possession of the truck until this is squared away. Its their resposibility on the truck while its in their possession.

Unfortunatly, the rental car is your responsibility.
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Old 05-25-2011, 11:21 PM   #5
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I would talk to the insurance company, and maybe even a lawyer, before picking up your truck.

When I worked at a dealer, we were responsible for hail damage on customers cars.

If a else fails, and they start giving your grief, talk to a lawyer about the lemon law. They might get a different tone if you tel them fine, I want a brand new undamaged truck under the lemon law.
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Old 05-26-2011, 08:44 AM   #7
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Quote:
Originally Posted by horwitzs View Post
"Hail Damage: Who is Liable?"

Sue God.
That's what I was going to say. As a joke. Please do not attempt to sue God. We will probably win anyway.
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Old 05-26-2011, 08:58 AM   #9
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Quote:
Originally Posted by horwitzs View Post
"Hail Damage: Who is Liable?"

Sue God.
There is no god. Sue Obama.
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Old 05-27-2011, 08:07 AM   #10
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You need to submit a claim to your insurance company. The dealer is not responsible for hail, rain, snow, sunshine, or anything else on the weather channel. They would be liable for securing your vehicle and keys so it does not get taken while in their possession and for any damage caused by them. My Tacoma was at the dealer for a oil leak recall and some idiot employee opened the door of another vehicle into the side panel and chipped the paint. They are responsible for that damage. Hail claims are handled as a comprehensive claim, you would be responsible for the deductible. Invoke the lemon law in Texas for hail? I guess that they have hail lawyers in Texas also. If you find someone that is responsible for the hail let us know.
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Old 05-27-2011, 08:12 AM   #11
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What fjm0008 said.
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Old 05-27-2011, 08:14 AM   #12
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This. They make you sign that waiver when you take the loaner saying that your insurance will cover it when you have possession of it.

Quote:
Originally Posted by WhatThePho? View Post
Your insurance or a 3rd party insurance ( if purchase at time of rental for the rental car) is responsible for the rental car. That's how it usually works when my dad rents a car. As for your truck,It should be the dealers. It was in their possession at the time of damage.
Or this: THIER insurance might have a waiver saying that any act of God will not be covered. Seriously. It might be in there so I'd try to find out. Keep in mind that they do have disclosures about flood and hail damage on some policies.

Quote:
Originally Posted by horwitzs View Post
"Hail Damage: Who is Liable?"

Sue God.
But don't sue God. That's a no no.
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Old 05-27-2011, 08:17 AM   #13
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Call a good lawyer, as soon as you can. funny how things change when a good lawyer calls someone!!!
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Old 05-27-2011, 08:19 AM   #14
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Read the fine print on the service contract you signed when you handed them the truck.
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Old 05-27-2011, 08:24 AM   #15
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You are liable and the insurance on your vehicle. The dealer has a responsibility to keep your vehicle secure not protect it from natural disasters or an act of god..... which is what hail is. Call your insurance company and get it taken care of. I had hail damage from the big Phoenix hail storm and they paid my vehicle off and my insurance did not go up because it was not something I did. You will lose this one with the dealer legally and cause yourself more headaches than it is worth.
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Old 05-27-2011, 08:29 AM   #16
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I work for a insurance company sounds like its going to be on you, Call file the claim on both cars the insurance company may try and go after toyota for the damages with their insurance company if they do you will get your deductible back.
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Old 05-27-2011, 08:37 AM   #17
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your homeowners insurance should cover your rental truck, and whatever insurance the dealership has to protect their inventory should be extended to cover your rig. i have to believe that likewise if the truck was stolen from their lot, they would be responsible for example. you gotta have the worst luck bud, sorry to hear it.
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Old 05-27-2011, 08:41 AM   #18
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Quote:
Originally Posted by 650H1 View Post
your homeowners insurance should cover your rental truck, and whatever insurance the dealership has to protect their inventory should be extended to cover your rig. i have to believe that likewise if the truck was stolen from their lot, they would be responsible for example. you gotta have the worst luck bud, sorry to hear it.
Why would the homeownwers insurance have to cover the rental? When ever your car is in the shop for any reason, your car insurance will carry over the car that you are renting. That's usual policy. If something should happen to the rental, the paying insurance company will want proof that your car was in the shop.

On a regular rental (just to use) it won't cover it.

Also, acts of God are not usually covered unless you have an inclusion on it to cover such. Even at that point it has to be specific, listing hail on the policy.
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Old 05-27-2011, 05:56 PM   #20
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Most certainly talk to your agent. He is the licensed professional and should be able to steer you correctly. You might ask him if the dealer's garage keepers liability carrier should pay for the damage to your truck while in the care, custody and control of the dealer. To make certain everyone helps you and follows the law you should call, write or visit your state insurance department. I hope this helps. Hail sucks!
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