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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33424
Experience:  Began practicing law in 1992
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I recently had my BMWx6 repaired at Weatherford BMW

Customer Question

I recently had my BMWx6 repaired at Weatherford BMW in Berkley,Ca. While my car was being serviced I was provided with a loaner car. Once servicing was complete I returned the loaner car. During check out Weatherford loaner car coordinator and myself did a walked around examination on the car twice, during this examination she notice a red substance on the front passenger wheel rims which was less then an inch in size. She told me that it seemed to be paint from parking to close to a curb and they charge $300 for any wheel or rim damages. I said ok, we went in and she finished checking me out and collected the $300 from me via my debt card ,for the rim damage. She had forgotten to get the milage while out at the car so she went out by herself and got the milage and came back and collected my payment. Once all checked out I left the property and went about my day. 20-30 mins after leaving the dealership I received a call that the car has two massive dents on the passenger side, and that I need to come back to see the damage and provide my insurance info again and provide any deductibles I may have. I did not have time to return to look at damages. I told them, I want to see the damage for myself and would like to make a time to see. I also asked what information they wanted from me. They contacted my insurance on their own and started a claim, my insurance company decline covering the damages. During a sit down with the service manager of Weatherford he informed the car was moved to a collision site and that the damage estimated to cost $4650. The car would need a whole new door and to my repainted. If they do not receive payment from me they will be sending me a certified letter, contacting the berkley police department to report vandalism and hit and run and their legal team will be handling this matter. I do not feel I am responsible for the damage especially since it wasn't found during the walk around when the rim damage was discovered. What our my legal options and does Weatherford really have a case against me criminal(hit and run/vandalism) and civil ( cost of damages)
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. There certainly does not seem to be any kind of a criminal case against you for anything. Certainly they can sue for civil damages but since you had completed the walk through and nothing was said court it then the reasonable inference is that it happened on their lot after the walk though took place. It doesn't mean they can't sue, it just makes it very unlikely they will win. I'm not sure what you mean by "what are your legal options" and, in addition, questions like that are too vague to answer. If you want to explain and ask a specific question I'd be glad to try and assist with that.
Customer: replied 1 year ago.
What do you think I should do to protect myself in this situation , I have not been served with anything so Im not sure if I should hire an attorney now to handle any further communication with them or wait to see what they do then hire an attorney if needed. Im unclear what an attorney can do for me now with the place I'm at with this since I have not been served yet. I plan to go to the collision site and take my own pictures of the damages.
I'm unsure how to best respond to them since I will not be paying for these damages and they are expecting payment.
Expert:  Dwayne B. replied 1 year ago.
You likely should go ahead and get an attorney to respond to them. They may be able to get the dealership to back off and not bother you at all. The attorney will act as a shield for you. It shouldn't be very expensive to get them to write an initial letter and then after that the costs will depend on what they try.