wow..


anywho.. OP I am sure the dealer is at fault and you need to focus on the dealer.. end of story

 

My advice, listen to this guy who claims to have had a lemon in 2006 but did NOTHING. Just bent over and took it "like a man" as he put.

 

who said I did.. I hired a law firm and took the right party to court and got my car paid off and 10k in my pocket for time and payments.. smart guy

if you are taking someone to court you have to take the right party to court or the judge will laugh you right off the property.

 

When you sue a Motor Company for a breach of lemon law or breach of warranty, you sue the company, not the dealership. This is how I know you are lying. Just please stop talking.

 

but he cant lemon law the car because it was flooded..it is not a factory defect.. I never said who I sued because thats part of the papers you sign.

 

I never said to lemon law the car, obviously this situation is not about a lemon law or breach of warranty.. We were talking about you. I'm going to give up now and assume you're "one of those" type people. Enjoy your day.

 

I want to sue the dealership since there a$$hole$, this is my list of possible things to sue for.

1.) Liability to pay the deductible and pay the difference between insurance and costs of new car based on them being the BAILEE of the car.

2.) Breach of contract: they have me sign a form on the condition the car was in when I dropped it off and that they are liable for any damages. They clearly arent sticking to the their own contract that they had me sign.

3.) Negligence: I told them to park the car in a safe place, not in the flood zone. Plus if my car was done when I dropped it off the 1st time this never would have happened.

4.) If the car wasn't totaled then I would have gotten an attorney for lemon law buy back.

 

lemon law only covers factory defects.

I believe the best chance you have is to sue them for #1 and #3

 

As far as lemon law, I had dropped the car off for the transmission problem, didnt want to shift into 2nd gear.

 

lemon law for most states says 30 days in the shop.

 

In New Jersey it's 20 days or 2 trips, I meet both. I looked into it all, trust me.

http://www.state.nj.us/lps/ca/ocp/lembroc.pdf

 

nice! Thats really low number of days.

 

If the OP's car is totaled from flood damage, what about all the other cars on the lot?

 

Jmatero, is that you again?

The dealership is at fault. Plain and simple. There's no reason that Ford should step in and take a loss for the dealership being a POS. By all means, take the dealership to court. Depreciation is one thing, if you're trying to sell a car. But there's no reason you shouldn't be able to afford the same car. You should be compensated with an equivalent car...options/mileage/etc.
It wouldn't surprise me if they're all totaled. They'll probably just vacuum them up and still call 'em brand new.

 

"The name that shall not be mentioned"

 

Make them replace the car with a brand new car for the same price when you bought it. They have to replace your car, as long as its cheaper than fixing your totaled car, they will do it. You really need to be mad at your insurance company, they are the ones jerking you around right now.

I would also file a claim with bbb against that dealer for trying to give you back a totaled car le it was nothing.

 

That's why there's insurance. The dealerships insurance or yours. Not sure where it would fall. Why would the dealer go out of pocket for your car ?

 

This is where it pays to have gap insurance btw.

 

Umm they would go out of pocket just to pay the deductible since it was in their possession. Lookup the term legal bailee property damage and you will see why they are legally responsible. Seriously dude if I drove ur car and wrecked it wouldn't you want me to pay the deductible regardless if its my insurance or urs that pays for your car.

 

Gap insurance doesn't matter in this situation. I owe less than the car is worth, so gap is not even a worry. The car is 25,500 sticker and I financed 18,000...