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Ask Steve -- a.k.a. Oreport Your Own Ques...
Steve -- a.k.a. Oreport
Steve -- a.k.a. Oreport, Bus Riding Pedestrian
Category: Car
Satisfied Customers: 1079
Experience:  I learned so much about cars -- that I no longer drive one... ;-)
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bmw: my car back..loaner..to maintain payments, but cant drive it

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what do i do to get my car back from a bmw dealer who won't return it until their loaner car is returned, but that car is a part of a police investigation and in their custody? my car, a 2004 325i ,leased, insured and service completely paid for may be held for up to a year, but i still have to maintain payments, but can't drive it? is that legal for the dealer to do that? can my insurance company do something to get it back for me?
I would contact a lawyer on this. I would have them contact the dealer and see if they can correct the issue. If it is their rental car they should be able to contact the police department to get it staightened out, but I would definatly get an attorney.
Customer: replied 11 years ago.
Reply to autodoc_2000's Post: i want to know what i can do with the car dealer since i loaned the car to my nephew to pick up his son, and on the way back, he was shot and killed,in that loaner car. So, bmw has decided not to return my car to me until theirs is returned. There was damage to that car- the windshield has bullet holews in it and one on the dash, ewith blood, etc.- not very severe. However, is my insurance company to pay for damages, me ,or bmw. My car is leased through bmwusa, and insured to their specifications, for a 2004 325i vehicle in nys. what now to resolve this issue? This is my real question. Is an attorney necessary?
In that case I would check with your insurance company. I'm not sure how it works if someone other than yourself is driving the car. Since it was your car in for sevice and the loaner was given to you. They may be able to do this. You still may want to talk to an attorney.

If you don't have a copy of whatever documentation/agreement covers
your use of the rental/loaner car -- ask the dealer for another copy of
it and review the terms of the agreement. The document should
clearly indicate what remedies are available to the dealer when a
customer fails to return a rental/motor vehicle.



If you cannot obtain the document to review, or do not understand its
provisions, or if you do not agree with the provisions -- I suggest you
contact the New York State Attorney General's Office -- Consumer
Affairs Division and ask them to clarify with the dealer's rights --
and what (if any) obligations fall to you in this unfortunate situation.



While it is obvious that the dealer has a legitimate economic loss
connected with loss of use of the rental/loaner car -- is less clear
whether depriving you of the use of your car is an appropriate (or even
legal) remedy.



Assuming that the dealer does have the right to retain your vehicle in
this situation -- you have every right to attempt to negotiate.
You may want to offer to pay part of the cost of a replacement
rental/loaner vehicle.



it seems to me that you should take the position that your insurance
company is obligated to 'make good' your loss in this situation -- by
paying your car payment -- or at least providing a rental/motor
vehicle to you until such time as your vehicle is released by the
dealer.



Keep in mind that -- assuming the killer is convicted -- you and/or
your insurance company can bring a civil case against this criminal to
recoup the dollar losses involved. The immediate family of your
deceased nephew can also bring a civil case for Wrongful Death.



At some point, you may want to retain an attorney at least to write
letters to the dealership and/or your insurance company with the
purpose of getting them to move off of their stalemate positions.



My bottom-line recommendation is that you:



Review the rental/loan or car documentation.



If necessary, contact the Attorney General's office.



Review your car insurance and homeowner insurance policies to see what
if any obligation your insurance company has to make up your loss -- or
at least provide substitute transportation (or its cash equivalent) --
in this situation.



Assuming that the dealer is acting within their legal rights -- attempt to negotiate with them as noted above.



If necessary, retain an attorney to write some 'power letters' to your insurance company and/or the dealership.



Keep in mind the future option of bringing a civil case against your nephew's killer.



Let me know if you need more input. If not, thanks for the
opportunity to assist you... I would really appreciate your honoring my
efforts by 'pushing the button' and Accepting this answer. Adding
a bonus -- should you wish to do so -- is always warmly welcomed.



Good Luck!



Steve































Steve -- a.k.a. Oreport, Bus Riding Pedestrian
Category: Car
Satisfied Customers: 1079
Experience: I learned so much about cars -- that I no longer drive one... ;-)
Steve -- a.k.a. Oreport and other Car Specialists are ready to help you
Customer: replied 11 years ago.
i went to bmw and they offered that i purchase the loaner car, and then they will return my car. this is their best offer, except now, i went to the bmw dealership in person,today, and they contacted my insurance company, in my presence, and vowed to send them a copy of the contract that i signed when i received that car to review the language to verify my claim that they have no legal rights to hold my car 'hostage'. thank you for the info, for it was indeed a motivator for me to contact the attorney gen'l's office, ss well as 'seven-on-your-side', a local tv network's consumer advocacy program. the ball is finally rolling.
thank you for your help!
Customer: replied 11 years ago.
i certainly welcome any more insightful thoughts or ideas that you may offer. you were right on target, and couldn't and probably wouldn't have done it without you. once again thanks a million.
I am so pleased that you found my information motivating and helpful.



The only additional words of wisdom I can offer you is to keep on top
of the situation. Only by keeping fire under the kettle will it
continue to boil.



Don't count on your insurance company to either correctly interpret or
completely fulfill any obligations they have to you in this
situation. Do not hesitate to hire an attorney if there's any
question in your mind regarding your insurance company's interpretation
of their obligations under your policy -- or questions regarding how
they choose to fulfill their obligation to you.



Also, don't forget your (and your nephew's immediate family's) future
option of bringing a civil suit against your nephew's killer.



Again, thank you, XXXXX XXXXX let me know if you need more input.
If not, thanks for the opportunity to assist you... I really
appreciate your honoring my efforts.



Good Luck!



Steve














Customer: replied 11 years ago.
I HAVE NOW SPOKEN WITH THE SALES MGR. AT THE DEALERSHIP, AND HIS SOLUTION WAS TO 'PURCHASE' THAT LOANER CAR, AND THEN THEY WILL GIVE MY LEASED VEHICLE TO ME. THAT SEEMS AWFULLY ABSURD, AND RIDICULOUS TO ME THAT THEY SUGGEST THAT I BUY ANOTHER CAR, SAME MAKE AND MODEL.
I HAVE SPOKEN WITH MY INSURANCE COMPANY AND THEY HAVE DECIDED NOT TO COVER THAT CAR UNDER MY POLICY. I DO, HOWEVER, BELIEVE THAT A LOANER IS A REPLACEMENT CAR, WHICH IS COVERED. THE SERVICE MGR. SPOKE WITH ME TODAY AND STATED THAT HE IS AWARE THAT THEY HAVE NO LEGAL RIGHTS TO HOLD MY CAR, BUT THE OWNER, HIMSELF, HAS DECIDED, ALONE, TO KEEP IT. IS THIS NOT AN APPLE AND AN ORANGE, AND IS CALLED 'CONVERSION', IN LEGAL TERMS?
NOW, THE ATTY GEN'L REFERRED ME TO NYS DEP'T OF MOTOR VEHICLES, WHO REFERRED ME TO THE BBB, WHO IN TURN SUGGEST THAT I CONSULT AN ATTORNEY. I AM HOPING THAT THERE IS ANOTHER, LESS EXPENSIVE WAY TO GET MY CAR BACK, OTHER THAN A LAWSUIT. MY CAR HAS BEEN WITH BMW SINCE 3-29-05 AND READY FOR PICKUP SINCE 4-25-05. I STILL MAKE PAYMENTS, BUT CAN'T GET MY CAR BACK. BMW NORTH AMERICA IS LOOKING INTO IT AND I AM AFRAID THAT THEY MAY NOT INFLUENCE THE DEALER AT ALL. I'VE EVEN GONE TO 'CHANNEL 7 ON YOUR SIDE' FOR SOME HELP AND/OR PUBLICITY ON THIS MATTER. IS THERE ANYONE OUT THERE WHO CAN TELL ME WHAT TO DO NEXT? PLEASE, THIS IS RIDICULOUS TO ME, AND I CAN'T BELIEVE THEY'VE GOTTEN AWAY WITH THIS FOR SO LONG.
You muddied the water yourself when you lent something that did not belong to you.You assumed full responsibility for the loaner car when you did that.Thats why your insurance company is off the hook.Why should the owner of the dealership be at a finacial loss because of a mistake you made?By the way the fact that the dealer doesn't have the loaner car means they had to put another car in service at added expense.In my state they can file a mechanics lien and keep the car until payment has been made or a court settlement has been made.You may have better luck trying to persuade the police dept to release the car to the BMW dealer but I'm sure if its like my local city Pittsburgh some one is going to have to pay for storage and towing of the car from day one.





Unless the loaner-car contract forbids anyone other than the
contractee (you) to operate the car, I'm not convinced that your insurance
companies (don't forget to check your homeowner's policy) can walk away
on this.



It's beginning to look like you may need an Attorney on this -- but,
given the (growing) amount of money involved, it may be worth the
expense.



Perhaps you can hire an attorney to represent you on a 'contingency' (percentage of dollars recovered) basis.



Good Luck!



Steve

















Customer: replied 11 years ago.
at this time, there is a program in ny called AUTOCAP, which mediates between consumers and dealers to resolve conflicts such as this. i feel better that there is some agency taking responsibility in aiding the return of my car. This program asserts that if their decision is not satisfsctory to me, there still remains the option of a legal suit to file against that dealer. my only reservation is that the decision may not be as favorable for me as i may deem fair and appropriate, given the circumstances. i have suffered a loss of my personal property, the pleasure of its ownership, an economic loss in terms of my ability to commute to and from work, my ability to visit my children, as well as the sheer inconvenience and somewhat 'shame' in no longer having my car, a part of my identity, placed in my driveway every night. i am truly suffering without my car, and i don't thimk they these powers that be don't give a s--- about that aspect, at all.
i was told that it may take 3 days, 3 weeks or even 60 days before my car is returned, based on their average situation similar to this one. i don't believe that there are any situations similar to this one. what if ridiculous resolutions are reached? what then? perhaps i should consult with an attorney, anyway.

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