Took my car into dealership this morning for a oil/brake change. I get a call a few hours later (not even from the manager of the dealership) that my car had an "accident" while being test driven. They stated the driver hit a patch of sand and slid into the curb at 20mph. Damage...Wheel cracked, tire blown, front end will need repaint and the strut is cracked open. Immediately called B.S. on the story and it was obvious temp manager knew what really happened when I got there but would not admit it. I asked where it happened and he said a few streets behind the dealership. So, I go check out the area and it didn't take long to find it. Around a turn was 30ft of tire marks (no sand) and not only one but two separate curb impacts and coming to rest in a puddle of strut fluid. Total distance from first curb impact to strut puddle was about 120ft! So, it is obvious what happened, the mechanic was out ragging my car and lost control. Manager on duty actually had the balls to mention the lack of treadwear left on my rear tires as being a possible cause! We are talking a 100 degree day and dry as hell! He had nothing to say as to why the mechanic test drove in M mode (full dynamic off)! No M mode, no accident.
I have already told them to not touch anything and do not order anything until I contact them. I have already documented the crash site with video/pictures. Police told me they could not take a report because BMW had moved the car before I got there.
Anyone been in this type of situation before? Suggestions on how I should proceed?
Document every aspect of your findings --take close-up pictures of the surface at the accident site, take a sample of the strut fluid (and a picture of you taking the sample, and a witness would be helpful). Have it analyzed to prove it is strut fluid. Take close-up pictures of the damage to the car showing the components and parts damaged. What you say you saw, what you say they said, etc. will be useless unless you have proof. Unless you're an expert in automobile damage and repair, and can convince them that you would qualify as such in a trial, nobody will care what you say about the repairability of the car (sorry!)
You have to be prepared for them to deny everything until you can prove what happened and why they're responsible. It may seem obvious to you and they may have admitted it when talking to you but you need to be prepared with PROOF.
In addition, while all the enthusiasts on this forum understand exactly why you would want a new car, it won't matter to the dealer's insurance company and the "repair experts" they would call on to testify if it were to go to trial. Being "uncomfortable driving a repaired car" won't matter to a judge/jury or insurance company unless you can make a compelling case why. You should be prepared to make your case and refute an expert that would testify the car is repairable and will meet industry repair standards.
Now all this doesn't mean this would or should go to trial but you need to convince the other side that in may and you are prepared to refute their argument for anything less than what you want.
Finally, unless you're an attorney with actual trial experienc (and most attorneys don't have trial experience) all the things should be handled by a competent lawyer but you're in the best position to make sure he/she presents a strong case in negotiations with the dealership. At this point, it's up to you to gather the evidence the lawyer will need.