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I think I'm out of luck and going to be paying my deductible but wanted to get a few opinions.

My CR-V was at the dealership for a repair that was a warrantied item (the gear shift knob was loose) today. I scheduled the appointment for as soon as possible last week when the service center found out the shift knob was actually broken.

The repair took about 40 minutes and in that time a severe thunderstorm warning was issued for bad storm that was dropping golf ball sized hail and high winds; the storm was just about to roll over the dealership when the service center finished the repair.

The dealership service staff pulled my car outside, called my name to pick it up and as I was just about to the service desk from the waiting area (maybe 30 seconds passed), the storm unleashed a torrent hail. I didn't even have my keys in my hand when it started hailing and even when I got my keys, I still couldn't leave because the service representative was working on the service order for my car. Meanwhile, several of the dealership staff were running around to grab their car keys and pull their own vehicles inside a covered area.

It hailed for over five minutes, some of the hail was small, some was golfball-sized and being driven by 50-60 mph winds. Several of the cars that were parked outside the dealership were being hit by the hail so hard that their alarm systems were going off. My car faired okay (IMO, waiting on professional to look at it tomorrow); the windows weren't smashed out, just a lot of little hail dents all over the roof and at least one big dent on the door rail (the tailgate of the car might be damage too, it was taking direct hits from the wind-driven hail like the roof but the metal seems to be thicker; I haven't found dents yet but the wavy metal design might make dents hard to spot).
Red Design Automotive exterior Automotive design Technology

The dents don't show up well on camera (which might be good for paintless dent repair) but here is my attempt of capturing a picture of it.

Here is my question: Should the dealership or Honda pay to get the dents removed since the car was in their possession when it first started to hail? Or am I going to use my insurance and pay a deductible?

I don’t feel like I should have to pay to get the damage fixed. The only reason my car was in an area that was stormy was because something broke on it that shouldn't have and the dealership/Honda agreed to fix it under warranty. What makes this situation worse, I didn't even have access to my car (service rep had the keys) when it was first being damaged. While we can’t go back in time, I would have liked the dealership to keep my car in their covered garage until I was inside it and driving away since the area was under a storm warning. I have owned cars in Tornado Alley for over 10 years, not one hail dent in any of them until today. At the service desk, I asked for the dealers direct contact for Honda (their representative from Honda or contact) and was told to "google it".

I’ve reached out to my insurance agent and we are getting the car looked at. The way she made it sound, if you can spot one dent, there are probably many more.
 

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My money is that you'll be using your insurance. The dealership has no control over the weather, t-storms happen all the time, and it's not like there is room inside the shop for everybody's car. If the car had been stolen or something because of poor security, or dealership driver smashed your car into something, sure. But the storm simply happened to hit while your car was outside. And what it was there for isn't really relevant. Every warranty everywhere disclaims "incidental or consequential damages", and this certainly qualifies.

Honda corporate won't do anything. This is squarely between you and the dealership.

Since you are already working with your insurance, let them be the middle-man. If they think the claim is amenable to subrogation, they'll do it for you and refund the deductible if successful.
 

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Sorry to hear this KansasBryan. Had a similar situation about 10 years at an Audi dealership in Dallas. Fortunately they had awnings that protected their customers cars. A great, thing as exposed cars at neighboring businesses were smashed to pieces.

My guess is that this is something your insurance will need to cover. If you are nice about it, you might get the dealership to give you some sort of “consideration” - help with the deductible, comped service or discount on accessories.
 

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Well you had the chance to grab the keys.... some one must have had this happen to them. as the keys were handing over.
 

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Yeah I think your boned!
If it had not been a weather related event you could win the case but the law for most states is that if you can prove the dealership was negligent you would pretty much win the case. For example if they had a pole drop over and it dented your bonnet, they would be responsible for repairs, that is pretty clear cut no matter what kind of sign they want to post on their walls about responsibility. In this case they were not negligent.

Similar case that I found.

http://www.ksfy.com/content/news/Car-dealership-sees-400-vehicles-with-hail-damage-after-Tuesdays-storm-434151313.html

Rob
 

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Nope. You are the owner. Dealer is only responsible for things within their control. Dealer has insurance for their vehicles, new or used.

Only would be liable if you were informed it would be stored in a covered location.
 

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I have to agree with the other responses.
It's an "act of God" and is not the responsibility of the dealer or their insurance.
 

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You buy auto insurance to cover damages and to represent you with their console. Let them do their work. They will handle your claim according to the policy you purchased and in turn get their settlement from the auto dealer if law states they have any responsibility.

It's not in your best interest to personally try to settle this yourself. That's what you have insurance for.
 

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Been down this road while working in the industry. As has been pointed out by others, dealer is only liable for things that are under his control. The weather does not fit that criteria. I had a new car badly damaged by a careless worker at a dealership and that was clearly their fault and they took care of it, different circumstance all together. Unless they made the hail that hit you, its not their fault. Sorry to hear of your new car being hurt by hail, but sadly it happens. I got stuck in a hail storm last week but got lucky and the hail wasn't large enough to hurt it.
 

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I wonder if you talked to the manager and they came back keys in hand , fixed see you on the next visit.....I wonder if you talked to you insurer and you're finding a body shop.......
 

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Have to agree with all the other responses. I think the only way that the dealership could be held liable would be if an employee intentionally moved your car during the storm in order to pull their personal car in for protection.
 

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Id call regional manager, honda corp etc
They should be doing paintless dent removal to pull all that on thwir dime.

When you bring your car in for service they do a visual inspection
And your ‘returned vehicle’ is in worse condition then it went in, dont take no for an answer they will do it
 

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It all boils down to negligence. Was your damage caused by the dealer's negligence? Did they do or not do something that an ordinary person would do/not do that contributed to or caused the damage to your vehicle? Based on you description, it doesn't sound like the dealer acted negligently.
 

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Most workshops at dealers do not permit owners to go inside them for insurance reasons. So your picking your car up there was never possible.

I'm sure what irks you is seeing the dealerships employees saving their own cars but not those of customers. Be glad you are OK and the car is basically OK
 

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Dealership has no legal liability for acts of god.
 

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Id call regional manager, honda corp etc
They should be doing paintless dent removal to pull all that on thwir dime.

When you bring your car in for service they do a visual inspection
And your ‘returned vehicle’ is in worse condition then it went in, dont take no for an answer they will do it
That's just not the way things work. For the dealership to be liable (or, rather, for the dealership's insurance to agree to pay), the dealership would have to do something wrong, like back the car into something. "Parking a car outside" doesn't qualify; it's not reasonable to expect the dealership to have some means of parking all the cars under hail-proof protection.
 
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