Toyota Nation Forum banner

1 - 20 of 70 Posts

·
UNDER8ED
Corolla Hatch XSE
Joined
·
134 Posts
Discussion Starter #1 (Edited)
Yesterday, on Wednesday May 27th, 2020 at approximately 12:00PM I was involved in a road debri accident on Hwy 401 travelling from Mississauga ON to London Ontario with two friends. Approximately 15 minutes before reaching London Ontario, I was in the center lane of Hwy 401 with an 18 wheeler truck directly in front of me. Suddenly as the truck in front of me passed a big blown up truck tire, a large truck tire debrei became apparent to me – there was absolutely no way to avoid it as I was travelling at Hwy speed and had vehicles on my left and right, I could only go straight, and slamming hard on my brakes was not an option as I had a vehicle behind me and I was traveling at Hwy speed so it would not have been safe, not only that I could not stop in time to prevent running over the truck tire debri directly in front of me. My front bumper ended up hitting the debri, and my vehicle ran over it. This caused damage to the front bumper, it is now cracked, and damage under the vehicle is also apparent. I have attached photos of the damage. I filed a police report regarding the incident with a Constable who was on the Hwy shoulder a few kilometres further up from where my incident took place – he had pulled over a truck, and I thought perhaps he pulled over the same truck that blew it’s tire. The Constable provided me with an incident number and advised to inform him if the damage exceeds $2,000 in repairs. This road debri was unavoidable. I have 2 passenger witnesses who were in my vehicle who can also testify to the incident.

The HUGE problem with my Dealership: A week ago I had scheduled maintenance for an oil change and for them to swap out my winter tires & rims to my summer tires and rims. I dropped off the vehicle and picked it up when it was ready. No issues at all, until I noticed the following this morning... I was reviewing my dash cam footage so I can send video of the incident of me running over the truck tire debri that caused damage to my vehicle. The video would have showed exactly what I explained above taking place. The last footage of my dash cam recording was when I took the vehicle for my last service-it shows the technician sit in my car and disconnect my dash cam. Since then it did not record anything at all! You can imagine how angry discovering this made me. At no point did anyone at the dealership ask me or tell me that they are turning off my dash cam. And worst part is, they never turned it back on. The one time I actually needed the footage for anything--this technician deprived me of it with his actions.

My insurance agent told me if I had proof of the dash cam footage; I would 100% not be charged a $1,000 deductible for this incident. The way I see it, this technician just cost me $1,000!!

I called the dealership and explained everything to them. Spoke with the general manager who basically said "sorry" we'll coach the technician and staff about failing to inform you that they would be turning off your dash cam.

My questions: Does the dealership have the legal right to shut off my dash cam without informing me, and without my permission?

In the service agreement there is no mention of anything regarding a dash-cam during vehicle service. Nothing there informs the customer that they might be turning it off etc. Do they have a legal right to mess with my private property without my permission?!

The general manager says they have to tell me verbally, which they did not, and it's now my word against theirs.

I filed an official complaint with Toyota Corporate, and will be writing a skating 1 star review against that dealership soon.

I asked them to cover the cost of the deductible; as the only reason I am obligated to pay it now is due to the technician's negligence. He laughed at me.

Definitely not giving them any further business. Hopefully my experience can educate others and prevent anyone else from having the same experience.

What is my best course of action here? Should I sue them for this? Any useful advice would be greatly appreciated.

Photos of damage are attached.

300886

300887

300888

300889

300890

300892


Should have an estimate on the repairs by tomorrow.

Thank-you in advance to anyone who can offer sound advice. Much appreciated.

P.S. For anyone curious about the dealership location, it is Erin Park Toyota in Mississauga Ontario.
 

·
Registered
Joined
·
470 Posts
Glad you and your passengers are ok! That debris can weight up to 40-50 lbs and can cause quite a damage!

Some years ago, also while traveling on 401 near Scarb, a car ahead of me picked up a chunk of the tire debris and it hit the right corner of my car taking out the headlight, bumper cover and scratching up the hood badly.

I reported it to OPP pretty much right after, I drove to the nearest OPP station. They also confirmed with the Scarb OPP detachment that there was a debris on that section of the road at that time, they called while I was at the station. About 2 days later I got the official report from OPP. At that time I didn't have a dash cam...

With that report, I called my insurance and opened a claim. The car was repaired at no charge to me...
 

·
UNDER8ED
Corolla Hatch XSE
Joined
·
134 Posts
Discussion Starter #3
Glad you and your passengers are ok! That debris can weight up to 40-50 lbs and can cause quite a damage!

Some years ago, also while traveling on 401 near Scarb, a car ahead of me picked up a chunk of the tire debris and it hit the right corner of my car taking out the headlight, bumper cover and scratching up the hood badly.

I reported it to OPP pretty much right after, I drove to the nearest OPP station. They also confirmed with the Scarb OPP detachment that there was a debris on that section of the road at that time, they called while I was at the station. About 2 days later I got the official report from OPP. At that time I didn't have a dash cam...

With that report, I called my insurance and opened a claim. The car was repaired at no charge to me...
My insurance broker assured me that I have to pay a $1,000 deductible for this. That makes me extremely angry, and I obviously STRONGLY disagree with that decision! What can I do in regards to that? I don't see how I should have to pay anything at all.

Also, I am EXTREMELY angry at the Toyota Dealership's technician who shut off my dash cam without my permission, and without informing me at all. I don't think that they should just get off the hook so easy for their actions; as it is directly contributing to costing me $1,000 out of pocket now. This is very wrong, on so many levels. If we don't stand up for ourselves, who will?
 

·
Registered
'19 Corolla HB
Joined
·
62 Posts
Regarding the dashcam, same thing happened to when when I got my car serviced. I got it back with the dashcam unplugged one of the three times I took my car in. I found it odd they didn't tell me anything about the dashcam but I'm assuming they do it to protect themselves for whatever reason.
 

·
UNDER8ED
Corolla Hatch XSE
Joined
·
134 Posts
Discussion Starter #5
Regarding the dashcam, same thing happened to when when I got my car serviced. I got it back with the dashcam unplugged one of the three times I took my car in. I found it odd they didn't tell me anything about the dashcam but I'm assuming they do it to protect themselves for whatever reason.
No issue with them turning it off, as long as they tell me before doing so, and they put it back to exactly how it was before messing with it. What about me/us protecting ourselves?! They can't just get away with this crap. They need to be held responsible. I invested close to $800.00 on having this dashcam installed in my vehicle for a reason-to prevent the type of crap I'm now dealing with from ever happening in the first place!
 

·
Registered
Corolla Hatchback
Joined
·
858 Posts
Regarding the dashcam, same thing happened to when when I got my car serviced. I got it back with the dashcam unplugged one of the three times I took my car in. I found it odd they didn't tell me anything about the dashcam but I'm assuming they do it to protect themselves for whatever reason.
IDK, if it was me, and I was the type of person to take my car into a dealership or service station for work, I would demand they not touch my dash cam. There's a law basically saying you can't film in a private business with out permission, but they are also messing with your private property. The solution here is to just put a piece of masking tape on the windshield to cover the lens. You're cam isn't messed with, and they aren't being seen. Everyone is happy.
 

·
Official PITA
Solara 'Vert & ES350
Joined
·
777 Posts
$1,000 is probably less than the retainer necessary to pursuing this with an attorney, unless one is willing to take it on a contingency basis. Drop over at Quora and post there, it's always looked to me like there are a few attorneys, (or at least people who say they're attorneys,) who will respond.
 

·
UNDER8ED
Corolla Hatch XSE
Joined
·
134 Posts
Discussion Starter #8
IDK, if it was me, and I was the type of person to take my car into a dealership or service station for work, I would demand they not touch my dash cam. There's a law basically saying you can't film in a private business with out permission, but they are also messing with your private property. The solution here is to just put a piece of masking tape on the windshield to cover the lens. You're cam isn't messed with, and they aren't being seen. Everyone is happy.
Indeed, but that would involve common sense on their part which they clearly don't have--and now because of it I am stuck dealing with so much b/s.
 

·
UNDER8ED
Corolla Hatch XSE
Joined
·
134 Posts
Discussion Starter #9
$1,000 is probably less than the retainer necessary to pursuing this with an attorney, unless one is willing to take it on a contingency basis. Drop over at Quora and post there, it's always looked to me like there are a few attorneys, (or at least people who say they're attorneys,) who will respond.
Thank-you for the advice. I would literally be happy to take this to court; and I believe I would win. The question is truly, is it worth it, and what else could I do to make them feel more responsible for their actions.?. As it stands I am far too angry to let this crap slide.
 

·
Registered
Joined
·
3,896 Posts
My questions: Does the dealership have the legal right to shut off my dash cam without informing me, and without my permission?
Since you are in Canada, the laws of Canada would apply, which may different than laws in the US. In fact, each US state has their own laws regarding these kinds of matters, although some states have very similar laws.

In the US, each state also has their own insurance regulations. For example, some states have no-fault auto insurance, and others do not. In the US, If one's state doesn't have no-fault insurance, you can file a claim with the Trucker's insurance company, or sue the Trucker if their insurance doesn't pay. In the US, a judge would determine what constitutes sufficient evidence (such as eyewitnesses, etc) in lieu of video.

But in the meantime, I would have each of your eyewitnesses (including yourself) sign separate notarized and witnessed affidavits explaining what they saw, and give it to your insurance company. Keep the originals for a possible court appearance if necessary.
 

·
UNDER8ED
Corolla Hatch XSE
Joined
·
134 Posts
Discussion Starter #12
Wow, that sucks. Depending on the laws where you leave, there could be a problem recording someone without their knowledge.

They never asked me if my dashcam was recording. Never asked me or told me they were turning it off. I don't see how that is legal. They just shut it off and left it off after giving me back my vehicle. They could have covered it up with a small piece of tape, and removed it right after, thus saving me all this headache I am now obligated to deal with.
 

·
Registered
Joined
·
3,896 Posts
Anyone who is on the internet much has seen YouTube videos of the kind of antics dealer service people do with customer cars, so many dealers have wised up and instructed their techs to unplug the cameras before beginning service.
 

·
UNDER8ED
Corolla Hatch XSE
Joined
·
134 Posts
Discussion Starter #14
Anyone who is on the internet much has seen YouTube videos of the kind of antics dealer service people do with customer cars, so many dealers have wised up and instructed their techs to unplug the cameras before beginning service.
Precisely why someone needs to take them to court over this. Perhaps it will be me. I'll have to ask a close family friend who is a lawyer if she can advise enough on what I can do, and make a post on Quora as another user suggested. I will update as I get more info. Appreciate all of you guys helping out-it is helping relieve some of my anger. Hope all of you stay safe out there and never have to deal with the type of crap I am obligated to deal with regarding this unfortunate string of events.
 

·
Registered
08 Toyota Camry 2AZ-FE R9K Tuned
Joined
·
8,215 Posts
I don't care much if they unplug my dash camera, I wouldn't want anyone recording me while I worked too. They like to turn off my fog lights too then again I doubt when doing an alignment on my car they want to be blinded by my LEDs. Otherwise my paranoia of my dash cam being on prevents me from leaving it alone so I placed my dash cam(s) in a way that I am able to confirm they are on when I am on the road.
 

·
UNDER8ED
Corolla Hatch XSE
Joined
·
134 Posts
Discussion Starter #16
As if things couldn't possibly get any worse, my insurance company is telling me that they are processing this as an at fault accident! WTF is wrong with these clowns?!

How on God's earth could this be processed as an at fault accident? I told them that I am STRONGLY disputing that decision, and was told that they will review it with a manager tomorrow.

Are these people serious?!

Can anyone else comment on this. I am losing my mind right now full of anger, hate and anxiety towards my insurance company. SMH. This is insane!

They also made it abundantly clear that I have to pay the $1,000 deductible.
 

·
Registered
Joined
·
40 Posts
Yesterday, on Wednesday May 27th, 2020 at approximately 12:00PM I was involved in a road debri accident on Hwy 401 travelling from Mississauga ON to London Ontario with two friends. Approximately 15 minutes before reaching London Ontario, I was in the center lane of Hwy 401 with an 18 wheeler truck directly in front of me. Suddenly as the truck in front of me passed a big blown up truck tire, a large truck tire debrei became apparent to me – there was absolutely no way to avoid it as I was travelling at Hwy speed and had vehicles on my left and right, I could only go straight, and slamming hard on my brakes was not an option as I had a vehicle behind me and I was traveling at Hwy speed so it would not have been safe, not only that I could not stop in time to prevent running over the truck tire debri directly in front of me. My front bumper ended up hitting the debri, and my vehicle ran over it. This caused damage to the front bumper, it is now cracked, and damage under the vehicle is also apparent. I have attached photos of the damage. I filed a police report regarding the incident with a Constable who was on the Hwy shoulder a few kilometres further up from where my incident took place – he had pulled over a truck, and I thought perhaps he pulled over the same truck that blew it’s tire. The Constable provided me with an incident number and advised to inform him if the damage exceeds $2,000 in repairs. This road debri was unavoidable. I have 2 passenger witnesses who were in my vehicle who can also testify to the incident.

The HUGE problem with my Dealership: A week ago I had scheduled maintenance for an oil change and for them to swap out my winter tires & rims to my summer tires and rims. I dropped off the vehicle and picked it up when it was ready. No issues at all, until I noticed the following this morning... I was reviewing my dash cam footage so I can send video of the incident of me running over the truck tire debri that caused damage to my vehicle. The video would have showed exactly what I explained above taking place. The last footage of my dash cam recording was when I took the vehicle for my last service-it shows the technician sit in my car and disconnect my dash cam. Since then it did not record anything at all! You can imagine how angry discovering this made me. At no point did anyone at the dealership ask me or tell me that they are turning off my dash cam. And worst part is, they never turned it back on. The one time I actually needed the footage for anything--this technician deprived me of it with his actions.

My insurance agent told me if I had proof of the dash cam footage; I would 100% not be charged a $1,000 deductible for this incident. The way I see it, this technician just cost me $1,000!!

I called the dealership and explained everything to them. Spoke with the general manager who basically said "sorry" we'll coach the technician and staff about failing to inform you that they would be turning off your dash cam.

My questions: Does the dealership have the legal right to shut off my dash cam without informing me, and without my permission?

In the service agreement there is no mention of anything regarding a dash-cam during vehicle service. Nothing there informs the customer that they might be turning it off etc. Do they have a legal right to mess with my private property without my permission?!

The general manager says they have to tell me verbally, which they did not, and it's now my word against theirs.

I filed an official complaint with Toyota Corporate, and will be writing a skating 1 star review against that dealership soon.

I asked them to cover the cost of the deductible; as the only reason I am obligated to pay it now is due to the technician's negligence. He laughed at me.

Definitely not giving them any further business. Hopefully my experience can educate others and prevent anyone else from having the same experience.

What is my best course of action here? Should I sue them for this? Any useful advice would be greatly appreciated.

Photos of damage are attached.

View attachment 300886
View attachment 300887
View attachment 300888
View attachment 300889
View attachment 300890
View attachment 300892

Should have an estimate on the repairs by tomorrow.

Thank-you in advance to anyone who can offer sound advice. Much appreciated.

P.S. For anyone curious about the dealership location, it is Erin Park Toyota in Mississauga Ontario.
It wouldn't hurt to submit a claim with the Ontario Ministry of Transportation for compensation if it applies due to road debris.

 

·
Official PITA
Solara 'Vert & ES350
Joined
·
777 Posts
Cool off, and keep your blood pressure down. The people you're dealing with at company want to get this claim off their desks, and as quickly as possible, the company has metrics they're scored on. Manager may be helpful, or not. But important thing is that no one was hurt, it's only metal and money.

Some clown backed out of a supermarket parking space, and into the side of my car. Clearly his fault, he apologized. We both had same insurance company. Clerks at company suggested I have MY policy pay out. Why would I do that, and have a claim under my policy & get my cost for insurance go up? But it would get the claim off their desk, and I'd be stuck with the deductable. Insurance companies love to collect money, and it must be on-time!!; They're always slow and reluctant to pay out claims.
It's the nature of the beast.
 

·
UNDER8ED
Corolla Hatch XSE
Joined
·
134 Posts
Discussion Starter #19
Cool off, and keep your blood pressure down. The people you're dealing with at company want to get this claim off their desks, and as quickly as possible, the company has metrics they're scored on. Manager may be helpful, or not. But important thing is that no one was hurt, it's only metal and money.

Some clown backed out of a supermarket parking space, and into the side of my car. Clearly his fault, he apologized. We both had same insurance company. Clerks at company suggested I have MY policy pay out. Why would I do that, and have a claim under my policy & get my cost for insurance go up? But it would get the claim off their desk, and I'd be stuck with the deductable. Insurance companies love to collect money, and it must be on-time!!; They're always slow and reluctant to pay out claims.
It's the nature of the beast.
I have no control over a truck blowing it's tire on the Hwy, and that tire causing damage to my vehicle. I was in the center lane with moving traffic to my left, and to my right. I am operating a vehicle, not an airplane, I can't fly over the blown truck tire. What was I supposed to do-swerve over to the next lane over and run someone off the road increasing the chances of someone else's life on my hands/conscience? How can anyone in their right mind determine this is my fault? I didn't hit another vehicle. I don't understand, and I don't accept this. What are the steps here to legally dispute their "at fault" decision should they not reverse it by tomorrow? It clearly makes absolutely no sense at all to find me at fault. I don't see how they can?? Do they just make up any decisions and pull them out of their a$$?! Surely there has to be something in place to protect us; the drivers--this is all far too ridiculous.
 

·
Super Moderator
2006 Corolla XRS
Joined
·
8,676 Posts
A blown tire tread from an 18 wheeler could have been there previously on the road and the truck in front of you couldn't avoid it also.

If the tire blow was on the truck in front of you, I believe the damages would have been more severe. The shear force behind the tread would have done more than crack the bottom of the bumper. It could have been deadly.

Insurance carriers here in the US are sold as full coverage or liability insurance. Full coverage insurance has both comprehensive, which is what you are dealing with, and collision.

I have had numerous incidents in which the other driver always tries to avoid using their insurance to pay out. I've always paid and when the claim is settled, then I get a check back for my deductible.

You can speak with an attorney to see if you have a case or not. It sucks knowing that whatever the outcome, your rates will be affected.

For the immediate future, you should consider a DVR instead of just relying on the microsd memory card.
 
1 - 20 of 70 Posts
Top