JALLEN4 wrote:
You either did or did not trade the trailer as-is and either did or did not agree to give the dealer the insurance proceeds. You state you instigated a claim and signed a document to allow the dealer to be paid for the repair directly from the insurance company. That could certainly lead one to believe the dealer has a reasonable expectation to receive the insurance proceeds.
You obviously knew you had insurance, knew the damage was $5900, knew it was potentially a total, knew the book value if it was a total, and knew the insurance company was obligated to pay. Yet, you traded the unit, accepted a $2500 value, and gave them the title. What were your expectations? If you thought you were getting the $2500 and the insurance proceeds, good for you and I hope you have that in writing. If you decided post transaction that you don't like the deal you made and you are searching for a way back in...shame on you.
Shame on me? For what? Who are you? Resident judge around here? I OBVIOUSLY knew this and that? Mind reader too? Awesome!
I told the shop from day one we would probably be trading it in. The dealer would have had a reasonable expectation to receive the insurance proceeds HAD ANY WORK BEEN DONE OR PARTS ORDERED WHICH DID NOT HAPPEN. The trailer today sits out in the dirt behind the dealership in the same condition I brought it in. What do I or my insurance company owe them? Estimate? Sure. Storage from when we brought it in to the time they bought it? Sure! They weren't going to do anything to it until they had the insurance check in hand. My guess is they were hoping to have it all fixed up, my insurance check in hand, and then have me trade it away for the new rig (3k maybe?). Good for them. Didn't happen. Their sales and F&I guys jumped the gun and spoiled that deal by buying it from me before they could initiate repairs. MOOPS!
The trailer and the title is now in their hands and as far as I'm concerned it's a done deal. I have a clean bill of sale from the dealership and signed title over to them and have the POA for that as well. IT'S THEIR TRAILER NOW. Why would I pay to have someone else's (dealership's) trailer fixed just so they can add 5900 bucks to their profit after the fact? That's why they gave me next to nothing for it. I had 3 options at that time based on waiting for the insurance company to get back with a quote. Trade it in as is for a new one. Fix it and sell it myself. Fix it and have them sell it on consignment. They offered 2500 for it before the repairs could be initiated so I took it. They own the trailer, now have the title, and the rig. Oh and 35k CASH for the new one. Shame on me?
As far as I'm concerned my involvement with the dealership as far as the trade in is concerned is over. The rest is between me and my insurance company. They work for me not the dealership. The verdict is still out as far as if it's a total but that's now between me and my insurance. My insurance company is still on the hook for my loss which is whatever the before accident value of the rig was (around 8K) and the 2500 pittance I got on trade for the 35k rig I just bought. Or, if it is indeed totaled, then at 2500 I might have gotten all I would get out of it at a salvage auction anyway. Shame on me? Get over yourself. You sound like a shill for CW....