Who is at Fault

[Spaz]

http://jalopnik.com/5500228/dealership-remote-starts-customers-mustang-into-pond-car-totalled

 

What is your take on this?

[thegoat]

I think the question turns on whether the dealer is a bailee. With only pulling this law from the first year of law school, I would say that the dealer is a bailee. As such, the question then turns on the benefit of the bailment. This was warranty work. While the owner of the car certainly benefits, he is only there because of some problem from the manufacturer. He isn't fully benefiting. There is also some question whether the owner is partially responsible for having a remote starter that will start the car when the car is in gear and whether he notified the dealership.

 

This is messy. I voted dealer gets fully liability, but more than likely both parties are negligent. Depending on the state, both parties could be partially liable or the may contributor to the negligence could be fully liable.

 

I am just glad that I am not that guy - first, for having a totaled car; second, for having to fight with the dealer over it; and third, for being the owner of a newer mustang.

[TheDingo8MyBaby]

I'm a little confused - How does a remote starter bypass the neutral switch (assuming the mustang even had one). Even in my caterham without a neutral switch, it seems like such a stupid idea to have a remote start.

 

I cant really see this being the dealer's fault, unless he gave them specific instructions to keep the car out of gear when turned off. Would it have been their fault if one of the mechanics had accidentally sat on the remote start button?

Edited March 23, 2010 by TheDingo8MyBaby

[Usher]

I would put the person who installed the remote start system at fault. It's pretty ridiculous to install something like that with no safety interlocks hooked up. All cars have a parking brake switch that can be tapped, and most cars also have a neutral switch that can be tapped into, so it's just a matter of tapping into a couple more wires during the install.

[Hank]

Why would the dealer use the remote start? Just get in and use the damn key. Parking brake switch is the norm. If it isn't engaged you can't start it. Don't know about the fault.

[BruceBowker]

Any time I drop off a car for any work, the dealer gets only the key and nothing more. Not even a key fob, which does not answer the question. A few lawyers may make some money on this one.

[Spaz]

To the best of my knowledge remote starter are illegal on manual cars. My guess is the remote starter was self installed.

[Croc]

To the best of my knowledge remote starter are illegal on manual cars.

 

 

That cannot be true. When I lived in Maine I had a manual Subaru with a remote starter installed by the Subaru dealer. It would not start if it was in gear because of a lock out switch - the dealer demonstrated that to me at the time of pick up because I had this type of concern.

 

However, my next car was a automatic Jeep Grand Cherokee V8 with remote starter installed by the Jeep dealer and you could start it with the auto selector in any position - park, reverse, drive. Out of curiousity I tried it one day sitting behind the wheel. It was not pretty but it got moving

 

I think it just depends on the quality of the installation - I suspect a self install here as well.

[MHKflyer52]

From having owned an automotive service business (full service fixed base auto detail service) and having had employees that had to operate clients autos to move them around the business property and I always had insurance that covered the unexpected as that is part of having a business. For example an employee thinking (first mistake) the car that was being moved would fit under a partially open garage door and then driving into the bottom of the door and damn near knocking the entire wall down as the car pulled the garage door out of the wall and on top of the car just because she did not want to get out and raise the garage door to its full open position (installed automatic door openers the next day on the remaining garage doors). Yes my company paid for a rental and also purchased the owner another car of equal value without any arguments from me and an apology from the employee who was moved to a different position and then left my company soon after the accident. Yes my insurance carrier was a little miffed but they did not even raise my insurance which I figured would happen due to the claim which really surprised me as it was not a cheap claim but that is why a business carries insurance in the first place for those accidents that occur when the business has someone else’s property and an accident happens.

Dealer should have just bit the bullet and made it right in my belief.

[Spaz]

To the best of my knowledge remote starter are illegal on manual cars. My guess is the remote starter was self installed.

 

I stand corrected.

[sparecr]

I thought most remote starters had warnings to not install them in manual transmission cars. We are just talking about a car here but what if someone was in the way? Fault should be with the installer, unless the owner signed an agreement noting he was aware of the danger. Then the owner is at fault for having the car so equipped. However if I have NOS on my car and the tech actives it on a test drive and all hell breaks loose the dealer is a fault. So my thinking would be unless this was a factory/dealer installed(Ford) remote starter the shop should be at fault. In my feeling they should not use anything they are not fully trained about. But what do I know, I quit law school so I could play with cars.

[Off Road SHO]

But what do I know, I quit law school so I could play with cars.

 

Well, if you had stayed in just a couple more months, you would have learned that the number one rule of affixing blame is to FIRST find out who has the deeper pockets. Then you build a case as to why they were negligent. It is a complete waste of an attorney's time to go after someone that is broke or lacks insurrance. Sad state of affairs, but unfortunately, the truth.

 

Tom

[Arya Ebrahimi]

I believe the dealer is at fault. I bet if you read the owners manual for that car(that is published by FORD), it will state to engage the parking brake before leaving the car.

 

The FORD dealership failed to follow their own procedures which would have likely prevented this incident.

 

Additionally, I believe that by using the remote start system, the burden of responsible use is on them. It's not like the remote start system shorted out and drove the car into the pond, the tech PUSHED THE BUTTON.

[Hank]

So if the vehicle had nitrous too and the dealer turned it on, hit the accelerator, lost control and killed 3 people in the parking lot then the dealer would be liable, right? I would think so.