You are liable for your car even at the dealership for service

Sledder

Sledder

Club Member
Interesting case.

https://www.fox2detroit.com/news/why-a-jeep-owner-is-sued-after-dealership-employee-was-killed-during-oil-change

Cliff notes;
Guy takes his jeep to dealer for oil change. He is sitting in lobby.
Tech who can’t drive a stick hits & kills another tech who just happens to be there.
Family of the deceased is receiving some worker’s comp benefits.
Family of the deceased can’t sue the dealer. Injured worker can't sue boss for negligence.
Family of the deceased can sue the jeep owner because you are liable for your car if you let someone drive it.
Owner of jeep can sue the dealership
Worker’s Comp is in line to get reimbursed from whoever wins.
 
Yeah, I saw that on Steve Lehto's youtube discussing this thing. It's messed up on so many levels. On note 2, Not only could he not drive stick, I think it was mentioned he did not have a valid license.
 
I have never worked in a dealership that didn't require all employees to have a valid license (for insurance purposes).

Also, this entire situation is horrible. Can the car owner then counter-sue the dealership for letting someone illegally operate their vehicle?
 
This last batch of Michigan auto laws that took effect is a total cluster fuck. You can tell the insurance industry wrote the laws.
Currently dealing with insurance/hospitable invoices, keep getting different answers from the insurance company/s.. liability keeps getting switched.
 
So let's say you give your keys to a person, then that person gives the keys to someone else, isn't that considered grand theft auto?
 
Solution: Do your own oil changes! I am an old man with two artificial knees and I still do mine. fact is, the oil change guy is the bottom of the ladder at the dealeship most likely. Maybe not even an actual certified tech.

-Geoff
 
Buddy of mine took his Subaru in to an Uncle Ed’s. While changing the engine oil they managed to drain part of the CVT fluid. Instead of admitting it they just refilled it with ATF. Upon startup it made a terrible racket. He got it to the dealer where they flushed the CTV at least 3 times. So far the trans has been fine but Uncle Ed’s has said that they will cover a new trans if necessary.
 
mustangmike6996 said:
I have never worked in a dealership that didn't require all employees to have a valid license (for insurance purposes).

Also, this entire situation is horrible. Can the car owner then counter-sue the dealership for letting someone illegally operate their vehicle?
Click to expand...

You don’t need a license to operate a car on private property. My 5yo can drive on my land, so nothing was illegal about the tech driving it.

wrath said:
So let's say you give your keys to a person, then that person gives the keys to someone else, isn't that considered grand theft auto?
Click to expand...

I was thinking about this because he technically gave the keys to the sales rep, who then gave the keys to the techs. I’m guessing in the paperwork you sign it says you give permission for all dealer employees to use the car or something like that.

What a total clusterfuck.
 
mustangmike6996 said:
I have never worked in a dealership that didn't require all employees to have a valid license (for insurance purposes).

Also, this entire situation is horrible. Can the car owner then counter-sue the dealership for letting someone illegally operate their vehicle?
Click to expand...

THe insurance company will almost certainly sue the dealers insurance company to recoup there loss.
 
attorney David Femminineo. Sounds Like Fieger ... looking for whoever has money in their pockets ....
Evidently the Dealer doesn't have enough Insurance Coverage to make the Dead Mechanics Family Happy

Once again ... our State Legislature has failed to write laws that protect citizens from stupid shit like this .
 
derbydad276 said:
attorney David Femminineo. Sounds Like Fieger ... looking for whoever has money in their pockets ....
Evidently the Dealer doesn't have enough Insurance Coverage to make the Dead Mechanics Family Happy

Once again ... our State Legislature has failed to write laws that protect citizens from stupid shit like this .
Click to expand...

If you are hurt at work, all you can get from work is workmans comp. It is pretty much impossible for an employee to sue the employer for a workplace accident in Michigan.
 
derbydad276 said:
Once again ... our State Legislature has failed to write laws that protect citizens from stupid shit like this .
Click to expand...

Years ago a friend of mine was running for office, came to my work seeking donations to his campaign. At the time, I asked him how come the legislature cannot write new legislation and get our auto insurance under control as at the time Mich was by far the most expensive. He kinda chuckled and said he did his volunteer college internship at the State Capital. He said a little know fact that just about every lawmaker in MI also works for the insurance industry. He said insurance companies seek them out and hire them as consultants, or donate heavily to their campaigns. He said none of them are going to shoot themselves in the foot. Not sure how true that is today, but it sure seems like it.
 
Roadrage said:
If you are hurt at work, all you can get from work is workmans comp. It is pretty much impossible for an employee to sue the employer for a workplace accident in Michigan.
Click to expand...

*** unless said injury is a result of negligence by the employer(known faulty equip., etc)
 
Detroit Gearbox said:
This last batch of Michigan auto laws that took effect is a total cluster fuck. You can tell the insurance industry wrote the laws.
Currently dealing with insurance/hospitable invoices, keep getting different answers from the insurance company/s.. liability keeps getting switched.
Click to expand...

that would be your state government. not the insurance industry
 
dave89iroc said:
*** unless said injury is a result of negligence by the employer(known faulty equip., etc)
Click to expand...

You can not sue your employer for megligence. You can only sue if there is intentional tort, which means they committed an act on purpose that resulted in the injury. If the owner altered a machine on purpose, then you have a case. If the machine was just faulty, there is no case.
 
Roadrage said:
You can not sue your employer for megligence. You can only sue if there is intentional tort, which means they committed an act on purpose that resulted in the injury. If the owner altered a machine on purpose, then you have a case. If the machine was just faulty, there is no case.
Click to expand...

if employer KNOWS of said fault, does not fix said fault, and allows said faulty machine to be used, yes you can
 
dave89iroc said:
if employer KNOWS of said fault, does not fix said fault, and allows said faulty machine to be used, yes you can
Click to expand...

That only applies if they knew about it AND knew that there was a probabiity of it injuring the employee AND the fault is what caused the injury. Then there is a slight chance of winning a lawsuit.
 
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