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Here is another 2 cents worth,
First we need to decide who will pay and what.
The dealership may use their garage keepers liability insurance or what ever they have to cover this type of loss.
The dealership may say turn it into your insurance.
Either way the insurance company will normally pay out the value of the car at time of loss.
Your just paid repairs should be taken into account by the insurance company.
That being said, the dealership should step up and help out with your loss.
I would ask the dealership, did the Valet driver have a valid driver license.
If needed, A letter from an attorney will really get their attention epically if the letter goes to the dealership and Volvo cars of NA.
I have seen Volvo Corp employees, Sales Rep, Service Rep and/or Warranty Rep get involve and the dealership high ups to Owner will get involved.
Then it becomes how can we work this out.
If it does come to this, be thinking about what you want.
I have seen Volvo Corp pretty much tell the dealership we are giving away most of your profit to make this work.
Tell them that you want the 7yr 100K warranty if it goes this far.
Be nice, do not be a butt head.
Volvo wants you to stay in the product.
Volvo Corp did not cause any of this but I have seen them step up are really help out a customer.
 

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The kicker in all this is that Volvo owns the car, and the insurance proceeds go to them, not the dealer. Giving away most of the dealer profit is radically different than what was proposed. But at any rate, I am going to bow out now until OP returns with what the dealer offered.
 

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The kicker in all this is that Volvo owns the car, and the insurance proceeds go to them, not the dealer. Giving away most of the dealer profit is radically different than what was proposed. But at any rate, I am going to bow out now until OP returns with what the dealer offered.
As someone that’s worked at a dealership in management for a long time your points they have a meet here are all valid but fall on deaf ears. People just think that because it’s a dealers fault somehow magically there now deserving of some special financial windfall. They are not.

The car does not belong to the customer nor does it belong to the dealership. And from a legal obligation standpoint this car accident is no different than any other random person that hit them on the street and totaled their car. If you got a smoking greatly steel in your car gets totaled you don’t somehow receive a new lease with the same terms. It happens all the time that people lease a car at some special program and then it’s totaled out and to lease another identical vehicle cost substantially more. That’s unfortunate for the customer but that’s just how it works. Trying to claim that the owner has to be made whole by insurance it’s true, and the owner is Volvo cars not the driver. The driver doesn’t get any special financial consideration.

People that have not been involved in the business or just often out of touch with reality. Do you think somehow the dealership now owes them some thing it’s nothing more than the dealerships prerogative of how they would like to treat a customer. They don’t really have any say in the settlement of the claim. Oh my friend had his car totaled by a technician and the service loaner agreement you sign stipulates that if the dealership employee tolls your car it’s on your own insurance and he had to make a claim and his insurance rates have gone up. People may not think that that’s fair but I’m sorry somethings in life just aren’t ideal. This is one of them.

I applaud you for trying to repeatedly interject common sense end of the conversation but like so many other topics on this board ignorance and entitlement seem to trump common sense.
 

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like so many other topics on this board ignorance and entitlement seem to trump common sense.
Arrogance and anonymity are a potent combination. I hope you don’t manage any dealership I might patronize.
 

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As someone that’s worked at a dealership in management for a long time your points they have a meet here are all valid but fall on deaf ears. People just think that because it’s a dealers fault somehow magically there now deserving of some special financial windfall. They are not.

Actually it is the dealer's fault, as their valet wrecked the car. Tough tooties if they don't own it, and Volvo does. In every car accident claim, there's an at fault party. And states that work with at fault assess those damages against that party.

The wronged individual doesn't just get handed a random check for their losses. Nope. A lot of factors determine the car's value. Then from there we trickle to pain and suffering and economic damages.

Because you wrecked my car, I needed a rental. I lost two weeks of wages. What have you.

The dealer might get the short end, by not owning the car and by not getting the payout. But again, had the dealer's employee acted with care and not totalled the car, Op would have picked up his lease and gone about his life. And in the event the Dealer's Valet not at fault, Volvo could subrogate their claim and losses against whoever hit the car.

Instead, op is without a car, has lost the ability to purchase the vehicle, had equity in the vehicle towards the purchase, etc. Economic damages like the above, that a lawyer would decide if recoverable based upon the contract.

I see where you're coming from, but the at fault party doesn't get to play a sob story.
 

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Actually it is the dealer's fault, as their valet wrecked the car. Tough tooties if they don't own it, and Volvo does. In every car accident claim, there's an at fault party. And states that work with at fault assess those damages against that party.

The wronged individual doesn't just get handed a random check for their losses. Nope. A lot of factors determine the car's value. Then from there we trickle to pain and suffering and economic damages.

Because you wrecked my car, I needed a rental. I lost two weeks of wages. What have you.

The dealer might get the short end, by not owning the car and by not getting the payout. But again, had the dealer's employee acted with care and not totalled the car, Op would have picked up his lease and gone about his life. And in the event the Dealer's Valet not at fault, Volvo could subrogate their claim and losses against whoever hit the car.

Instead, op is without a car, has lost the ability to purchase the vehicle, had equity in the vehicle towards the purchase, etc. Economic damages like the above, that a lawyer would decide if recoverable based upon the contract.

I see where you're coming from, but the at fault party doesn't get to play a sob story.
What you didn’t consider is the language in the loaner car agreement that makes the dealer not liable. He granted permission and released liability. Dealer has no liability.
 

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What you didn’t consider is the language in the loaner car agreement that makes the dealer not liable. He granted permission and released liability. Dealer has no liability.
That may or may not be true. And that's why lawyers exist to read over the contract to see if there are loopholes to assign Volvo or the dealer liability. Especially if the driver was extremely negligent or some other extenuating circumstance.

For example maybe the employee was playing on his cell phone, was driving recklessly, excetera excetera when the accident occurred.
 

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That's what I was thinking they meant, but it's a very shortsighted perspective. They'll be taking the car to the dealership for service and future purchases as well as telling friends and family about how the dealership took care of them. That makes them still worthwhile even from a money perspective, correct?

This is why I hate dealerships though. All about the $$$.
Unfortunately it's not as simple as that. A customer may bring in their car to service but haggle over every single dollar, call the dealership incessantly, yell at the staff, and try to get every single tiny defect covered while under warranty.

I myself brought my car in to the dealership while under warranty for a few issues and maybe was a bit of a pain since I wanted the issue fixed. But I didn't yell and only got a bit terse when the service advisors talked down to me as if I were an idiot with a rude tone to boot. With the current dealership I'm very understanding (some would say too understanding) of their mistakes and have paid hundreds more than at the independent volvo shop since they fixed a pricey piston ring issue for me and since my time is fairly valuable on an hourly basis.

I'm also in a "customer service" type of job and I'll tell you that there are cases where I would prefer having the visit be "free" and just not have to deal with the "customer" in the future.
 

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Ouch, that's pretty bad, even more so considering the loss occurred at the hands of the dealership - just cost this customer $10k.

I wonder what the fine print says in the valet agreement, if there is one.

I would talk to the dealership and then consult an attorney if that goes nowhere.
I would have an attorney on retainer but give the dealer a chance to make the OP happy.
The dealer destroyed the OPs car. The lease agreement doesn't apply.
Hope this works out for the OP - best I can tell, he's being very understanding.
 

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Lol not gonna happen…no dealer is going to take a 5-figure loss on a deal. I’d hope for dead cost on new vehicle (invoice minus holdback minus cash if there’s any), buy rate on lease, and maybe throw in some accessories to sweeten things if needed
I do hope the OP does not roll over play dead like you're implying.
Free floor mats are not the issue here. They destroyed his car.
This would be party time for any moderately aggressive atty.
 

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. The lease agreement doesn't apply.
ummmmmm….yes it does. The lease is the ONLY thing that matters. The customer does not own the car, the dealership did not wreck his car. The car is leased and does not belong to him. A replacement revolves entirely around this. Again, the contract signed for the Loaner car is critical. Are people not aware all Volvo dealers use the same contract? This is industry standard practice, and the fine print absolves the dealership 99.99999% of the time.
 

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ummmmmm….yes it does. The lease is the ONLY thing that matters. The customer does not own the car, the dealership did not wreck his car. The car is leased and does not belong to him. A replacement revolves entirely around this. Again, the contract signed for the Loaner car is critical. Are people not aware all Volvo dealers use the same contract? This is industry standard practice, and the fine print absolves the dealership 99.99999% of the time.
Hypothetically, if you were to remove the lease arrangement from the equation and the OP had purchased the volvo for cash. Would you your opinion be the same? Would you still be of the opinion that the dealership did not wreck his car? Would the dealer still not be liable? Would your legal obligation change? Interested to hear your thoughts.
 

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ummmmmm….yes it does. The lease is the ONLY thing that matters. The customer does not own the car, the dealership did not wreck his car. The car is leased and does not belong to him. A replacement revolves entirely around this. Again, the contract signed for the Loaner car is critical. Are people not aware all Volvo dealers use the same contract? This is industry standard practice, and the fine print absolves the dealership 99.99999% of the time.
And this might be the .00001 percent instance where the dealer isn't protected by the lease agreement. It's all going to boil down on how and what caused the accident. And whether the employee was grossly negligent, someone else caused accident, etc. So ya, an attorney would probably be needed if negotiations falter.

Op indicated this isn't likely right now, and that all parties are working towards an amicable resolution. But it does remain an option int he back pocket if things don't go as planned.
 

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I think
Hypothetically, if you were to remove the lease arrangement from the equation and the OP had purchased the volvo for cash. Would you your opinion be the same? Would you still be of the opinion that the dealership did not wreck his car? Would the dealer still not be liable? Would your legal obligation change? Interested to hear your thoughts.
I think people have really mischaracterized this entire thing.

99% of all dealers that wreck your car will go out of their way to help you back into a new car with minimal expense in order to take care of a customers. Legally they are often no obligated too. That's 2 very different things.

If the car is not leased it changes everything from a legal standpoint.

The real issue here is the loaner car agreement. I can't speak to it's exact working, but I'm very confident it insulates the dealership from liability. This is standard automotive dealer practice in todays world.

All this talk of "was the dealership driver negligent, who was at fault" talk is meaningless. If insurance companies want to subrogate and fight over liability that's their prerogative. Doesn't make an ounce of difference for the OP that leased the car.

My comments are not just my opinions, but based off of real world involvement with this scenario multiple times. I worked for years in the auto industry and dealt with this exact situation multiple times. Unless the loaner car agreement has some unusual language, the dealership here has no legal obligation to provide a new car. It's that simple.

I recently helped my best friend settle with the local VW dealership when their tech drove his car and rear ended another vehicle that totaled his 2019 Alltrack that was financed with VW Financial. He hired a lawyer, and in the end the dealership was not directly liable due to the loaner car agreement. The accident went on my friend's insurance and appears on his record as an "at fault" accident....just as if he had been driving the car. The lawyer made a case for the increased premium cost for his insurance, and the dealership paid a couple thousand dollars to offset that expense. The dealership offered a $5,000 discount on any new VW. As you can imagine many buyers were nearly getting $5,000 discounts on their own, so it really wasn't much of a "deal". He chose to buy another brand.
 

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Volvo farmer thanks for your detailed reply. I am not sure what the ‘loaner car agreement’ relates to, as the only time in Australia, I have only ever signed a ‘loaner car agreement’, when I am borrowing a car when my vehicle is being serviced. I have never signed an agreement which waives any liability to a dealer, when they are driving my vehicle, whilst under their care. It is obviously different law in the states, which is why I could not grasp your opinion, on liability.

I will offer one piece of advice to the OP. Regardless on any advice you receive, including my car own, take it as nice to know, but always get legal advice. Just because someone had a friend of a friend in the same scenario, it does not matter. Their lawyer may have missed something or a slight variation in scenario can mean the world of difference in the outcome. There are so many variables in law and it pays Seek professional advice.

Good luck OP and I hope the outcome is to your satisfaction.
 

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Volvo farmer thanks for your detailed reply. I am not sure what the ‘loaner car agreement’ relates to, as the only time in Australia, I have only ever signed a ‘loaner car agreement’, when I am borrowing a car when my vehicle is being serviced. I have never signed an agreement which waives any liability to a dealer, when they are driving my vehicle, whilst under their care. It is obviously different law in the states, which is why I could not grasp your opinion, on liability.

I will offer one piece of advice to the OP. Regardless on any advice you receive, including my car own, take it as nice to know, but always get legal advice. Just because someone had a friend of a friend in the same scenario, it does not matter. Their lawyer may have missed something or a slight variation in scenario can mean the world of difference in the outcome. There are so many variables in law and it pays Seek professional advice.

Good luck OP and I hope the outcome is to your satisfaction.
I think you if you read the fine print when you sign the work order granting permission to the dealer to service AND drive your car it also states the car is still under your insurance policy. The vast majority of work orders also include this in the loaner car agreement, which states the loaner car is also under your insurance, and often the documents are combined. Certainly different countries do things in different ways, but I bet you'll find similar language in Australia and the USA. I know this because I have been assistant service manager/parts manager at both Volvo and Lexus franchises and have dealt numerous times with car accidents while working on someone's car (or customers crashing service loaners. I clearly remember one winter day 6 loaner cars were crashed in one afternoon!).
 

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I think you if you read the fine print when you sign the work order granting permission to the dealer to service AND drive your car it also states the car is still under your insurance policy. The vast majority of work orders also include this in the loaner car agreement, which states the loaner car is also under your insurance, and often the documents are combined. Certainly different countries do things in different ways, but I bet you'll find similar language in Australia and the USA. I know this because I have been assistant service manager/parts manager at both Volvo and Lexus franchises and have dealt numerous times with car accidents while working on someone's car (or customers crashing service loaners. I clearly remember one winter day 6 loaner cars were crashed in one afternoon!).
Definitely, not the case in Australia, regarding liability and insurance. Any loan vehicle is covered under the dealerships insurance policy. When you sign, you are agreeing to pay the written excess amount, if at fault. It is not under my insurance policy as it’s not my car. Our insurance policy is tied to a particular vehicle, not a person.
We also don’t sign any work orders, granting permission, before getting a service. They print out the service invoice and hand it over at completion. I will ask next time how insurance works if they damage my vehicle whilst under their care.
6 loaner cars wrecked in one day….lucky we don’t suffer from ice and snow here, as most drivers in Australia struggle in the dry.
 

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I think you if you read the fine print when you sign the work order granting permission to the dealer to service AND drive your car it also states the car is still under your insurance policy. The vast majority of work orders also include this in the loaner car agreement, which states the loaner car is also under your insurance, and often the documents are combined. Certainly different countries do things in different ways, but I bet you'll find similar language in Australia and the USA. I know this because I have been assistant service manager/parts manager at both Volvo and Lexus franchises and have dealt numerous times with car accidents while working on someone's car (or customers crashing service loaners. I clearly remember one winter day 6 loaner cars were crashed in one afternoon!).
Long story short....There's no further point in debating. Hopefully dealer comes through. I hope OP updates us on the final resolution. They make lawyers when two parties can't agree, but ideally it won't come down to that one
 

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Long story short....There's no further point in debating. Hopefully dealer comes through. I hope OP updates us on the final resolution. They make lawyers when two parties can't agree, but ideally it won't come down to that one
lawyers…..it is the only profession to make a fortune off other peoples misfortunes!🙄
 

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Definitely, not the case in Australia, regarding liability and insurance. Any loan vehicle is covered under the dealerships insurance policy. When you sign, you are agreeing to pay the written excess amount, if at fault. It is not under my insurance policy as it’s not my car. Our insurance policy is tied to a particular vehicle, not a person.
Same here in Finland. Even if I totalled a loaner I'd only pay 500 € for it. Which is nice since I'm getting a loaner for four months due to delays in my delivery. For the OP, the only sound advice from here is to get some legal help as wisdom never lives in the Internet forums, just stories.

It's always amusing – albeit natural – to learn how different "normal-to-me" things are around the world.

6 loaner cars wrecked in one day….lucky we don’t suffer from ice and snow here, as most drivers in Australia struggle in the dry.
Just had 5 cm more this morning…
 
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