Legal Question in Consumer Law in Michigan

Took vehicle to a Ford dealer for a transmission fluid and screen change. Ford dealer instead did a transmission flush. In the process the flushing equipment malfunctioned and sprayed the fluid all over the hot engine (why it was hot no on has explained) and it caught on fire. The Ford dealer insurance company 'totaled' the vehicle and has offered to pay $2,600 as fair market value for vehicle (2002 Ford Explorer). I owe $1,300 on the vehicle and $1,300 left over doesn't put me in an equivalent car. I feel I should be left harmless in all this and be able to be in a vehicle while still having a $1,300 debt but not having to borrow more money in order to have transportation. This fiasco is totally the dealers fault and I am being harmed by their incompetence. What recourse might I have against this dealer?


Asked on 10/08/10, 2:11 pm

1 Answer from Attorneys
Shelly Schellenberg MI & FL private practice

You will need an attorney to show that the dealer's insurance should cover the replacement cost and not the "blue book" value of your vehicle. Insurance law is a specialized area of law, and dealing with insurance companies is not for the novice. You are correct that you could not go out and buy a 2002 Ford Explorer for $2600, with $1300 down and the rest on payments. If the dealership believes that you can....tell them they have access to lots of Ford Explorers, so they should be able to find one for you. You may be in a good position to get that dealership to find a good used vehicle for you....in light of the negligence that their dealership demonstrated in the service department. Talk to the manager of the dealership...he may rather have the good will than the insurance claim on his record.

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Answered on 10/13/10, 4:00 pm


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