Worse Case Scenario: Ford wrecked my 2022 F-150 Lightning during a 20k miles service, forgot to install lug nuts

[flux capacitor]

It sounds like this was a high speed incident to cause that much damage. This not just casual driving around the block. What the hell was he test driving in the first place? That type of service of cabin filter and rotate tires does not require a road test. Rotating tires does not effect balance of the tires and surely a cabin filter is not major repair that needs a test drive. You should get a replacement from the dealer. You may need an attorney to press the point for you.

I have been afraid of this happening since not many of the Lightnings around it is too tempting to want to drive it. I thought about putting it in valet mode when taking it anywhere for service. This incident tells me my concerns are valid.

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[Yellow Buddy]

I disagree with the comments that seem to indicate you shouldn't have involved your insurance - while not at fault, this is exactly why you have it. USAA has attorneys who do this - they will be working directly with the dealership/dealership's insurance to make this happen. They will make sure it's done right AND that it doesn't come out of their pockets.

I'd be having lots of conversation about all these items with USAA and not stop until you've got all the answers. Let them deal with the dealership. The only time I'd hire an attorney would be if you feel USAA isn't doing their jobs.

It’s too circumstantial and dependent on the insurance policy. On my policy, I selected limited tort, which limits my ability to sue for additional damages. Insurance would cover the repairs - to my satisfaction - but once we get into “replacement truck” or diminished value, that’s not covered and I would be subject to the agreement that it wouldn’t be pursued further. That’s why I, in my case would contact an attorney instead if my goal was to get additional compensation. If it was simply repairs, I would go through my insurance.

 

[soundpro]

I would not repair the truck, depending on the insurance policy and agreement my own insurance company may fix the car then go after the dealer on my behalf for repair costs and if I have limited tort, it ends there.

If it was me, I would probably NOT go through my own insurance. I would contact an attorney and I would probably be advised that I'm looking at suing the dealer for an amount that will allow me to repair, sell, and purchase an equal truck that is not damaged. The dealers insurance company will likely get involved and settle.

Good luck.

I second this. Absolutely No way I would accept a repaired truck.

 

[Maquis]

I second this. Absolutely No way I would accept a repaired truck.

I’d rather have it repaired and the cash in my pocket for the diminished value than have it replaced by an equivalent used truck (presuming one could even find such a thing) that I don’t know how it was treated by the previous owner.

 

[vagabond7846]

what was the name of the dealer who did this? others should avoid using them for maintenance

 

[F150ROD]

I disagree with the comments that seem to indicate you shouldn't have involved your insurance - while not at fault, this is exactly why you have it. USAA has attorneys who do this - they will be working directly with the dealership/dealership's insurance to make this happen. They will make sure it's done right AND that it doesn't come out of their pockets.

I'd be having lots of conversation about all these items with USAA and not stop until you've got all the answers. Let them deal with the dealership. The only time I'd hire an attorney would be if you feel USAA isn't doing their jobs.

This. USAA is involved because they will be the ones talking to the dealerships insurance and taking payment from them.

On USAA there is a section to claim diminished value. USAA is really good, I've dealt with this situation before and let them handle everything. You dont need a lawyer.

Get it repaired, take the diminished value. Get rid of it.

 

[Danface]

If it where and ICE vehicle things would be somewhat simplier because there's a lot more experience in the world with assessing and fix them. We can guess if the battery weight bent the frame or if a fall like that would effect the regenerative breaking "who really knows". Get a another vehicle and let them figure it out ... don't make their negligence your problem.

 

[F-150Evolved]

********************* 02/09/24 UPDATE (36 days from incident) *******************


THANK YOU, EVERYONE; your replies with ideas and recommendations are very much appreciated. In summary, it appears there are three options to move forward:

Just to recap, the vehicle the Ford dealership damaged is a 2022 F-150 Lightning Platinum with 20k miles. I brought the truck to the Ford dealer for a 20k mile service. As someone pointed out, why did the dealership do a test drive? I was later informed a test drive was required because a Technical Service Bulletin called for installation of an “anti-ting” washer on all four axle shafts (FORD TSB 22-2395) because the ruck made clicking noises.

As of today, Ford does not have an ETA for certain drivetrain parts required to be replaced, there is no estimated completion timeline for getting my Lightning repaired. I was given a Tesla 3 as a loaner (a rental paid by the dealership).



Option One. Ask the dealership for a replacement, equivalent or newer.

The General Manager said NO, not possible, but referred me to his sales manager and promised I would be getting the best offer possible on whatever I picked out from the lot.

After looking at the numbers of a new 2023 Platinum, the following was established: the truck was offered to me at 11k below MSRP (from $95,335 down to $84,335). For surrendering my 2022, I was offered a trade-in credit of only $54,500.
KBB quoted the dealer trade-in at $55,000-$63,000 (private party $69,000). Edmunds quoted a dealer trade-in range from $59,000-$61,000 (private party $63,000). Both these quotes assume an excellent/outstanding condition because the truck was spotless before Ford damaged it. Takeaway: Ford is clearly low-balling my trade-in; it is not a good deal as promised by the GM.
Expenses, in addition to the depreciation hit above from a low-balled trade-in, are tax and registration at $8,000 plus a new vehicle loan, changing my current interest rate from 5% to 8+%.



Option two. Let the dealerships fix it and sue to recover losses.

Yes, the dealership really wants to go this route. After taking it back from Ford upon completion of the repairs, get a forensic diminished value (DV) evaluation and send a demand letter for $ lost in DV, plus loss of use, and to establish leverage, consider suing for violating Unfair Competition Law (UCL statutory violations, unfair business practices or fraudulent business practices per California B&P section 17200).



Option three. Let USAA deal with it.

Initially, they accepted a claim. Once a supervisor reviewed it, the claim was rejected. I thought this was strange because USAA lawyers are supposed to represent my interests. After all, this was a collision, although the cause was due to a Forde employee’s negligence and I feel that USAA should have obtained the insurance information from the dealership and forced a claim to be filed with that insurance company.



TSB 22-2395:
https://dot.report/bulletins/10226929


California Business and Professions Code 17200 (BP17200):
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=17200.&lawCode=BPC

Incident Video:

 

[PA Lightning]

Accidents happen. Very unfortunate for you, but they happen.

You are entitled to be put in the same position you were before the accident.
I would let the Ford dealer fix your truck.
Have them provide a loaner.
Come up with a reasonable amount for diminished value.

Who gave you the idea to "sue for violating Unfair Competition Law (UCL statutory violations, unfair business practices or fraudulent business practices per California B&P section 17200)." That threat is going to force the dealer to lawyer up and you will come out on the short end of the stick, IMO

 

[F-150Evolved]

Accidents happen. Very unfortunate for you, but they happen.

You are entitled to be put in the same position you were before the accident.
I would let the Ford dealer fix your truck.
Have them provide a loaner.
Come up with a reasonable amount for diminished value.

Who gave you the idea to "sue for violating Unfair Competition Law (UCL statutory violations, unfair business practices or fraudulent business practices per California B&P section 17200)." That threat is going to force the dealer to lawyer up and you will come out on the short end of the stick, IMO

Yes, Im trying to avoid a lawsuit at all cost.

 

[JRT]

Anything on their used lot that would be as nice as your truck? I'd hate driving a Tesla for sure after a Platinum F150. I'd ask for that as a loaner instead and let them fix the truck.

 

[mattskr]

100% the dealership should be providing you a new 22 or 23 Platinum. This is 100% their fault. You should not have to live with a "fixed" truck. It'll never be the same and this was not your fault.

You either need a lawyer to get this straightened out or if you are trying to avoid that at least send that video to the local news stations along with the ridiculous options you were given. That route may work faster.

Your insurance shouldn't even be involved. Why would you even call them??? They were right to deny the claim. The dealership can choose to use their insurance for the mishap or pay out of pocket.

 

[Amps]

Yes, Im trying to avoid a lawsuit at all cost.

What does the agreement between you and dealer that is on most service orders say? It probably addresses their liability and subsequent damages when a vehicle in their care is damaged by negligence.

I think the most pragmatic advice you are getting is to let USAA get the truck fixed to your satisfaction. Be picky. Then, go for the diminished value. When you are at the end of the process with a fixed truck, make your decision. Chances are the total bill to the dealer (or their insurance) will far exceed what some of your alternative solutions would. Unfortunately, that's not the way the world works. It works on cold, hard cash.

 

[TheWoo]

Curious how much you've tried to negotiate on the trade. I'd go back with a "my truck was in excellent shape when I brought it here, I want the trade value to reflect that - then we have a deal" route if you haven't already. Of course, that's if you would do it at that value. And you may have negotiated all you feel you can already.

The only additional leverage I see would be the public relations route of going to the local news or something, but that has its downside too.

 

[Acottrell]

In regards to your statement of interest rate on a new loan going from 5 to 8%.

I see you’re a usaa member which I’m guessing means you’re in the military. If so, try navy federal. I went with them for my lightning loan as they were by far the lowest. They are at 4.99% for 37-60 months right now. What I found out when I got my loan last year was that senior enlisted (unsure for officers) got an additional 1% off the rate.

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