Reality check, please? This just doesn't seem right

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Susan G
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2016/08/24 17:21:54 (permalink)

Reality check, please? This just doesn't seem right

Hi All-
 
Sorry if this is a little long, but...
 
I bought a car from a dealer on 8/6. I was told I could transfer the plates from my old car and they would take care of transferring the registration. While at the dealership, we contacted my insurance agent and told them about the purchase and transfer, so my new car was insured and my old car wasn't from that point.
 
14 days later (on 8/20) I received new plates and a new registration. I called the dealer and asked why the new plates. They apologized for the error and told me they would refund me the amount of the registration and that I should go ahead and put the new plates on and get the car inspected. Did that.
 
I contacted the DMV about surrendering my old plates and they said since I wasn't carrying liability insurance on my old car I'd be charged an $8.00/day fine. I had no idea, and at this point I'm looking at $152 in fines.
 
This seems to me like more fallout from the dealer's failure to transfer the plates as promised in the first place. This could have all been avoided if they'd just done that.
 
I have an email from the dealer saying it was their error, but I'm gearing myself up to contest the fine with the DMV and/or throw it back on the dealer.
 
Just looking for moral support or holes in my argument ;).
 
Thanks-
 
-Susan

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28 Replies Related Threads

    craigb
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    Re: Reality check, please? This just doesn't seem right 2016/08/24 17:47:15 (permalink)
    I'd say you've got a good case Susan!  Good luck and, hopefully, government idiocy won't be so thick as to realize you shouldn't be paying.

     
    Time for all of you to head over to Beyond My DAW!
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    bapu
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    Re: Reality check, please? This just doesn't seem right 2016/08/24 18:13:52 (permalink)
    A case that is well documented can usually work out unless your DMV workers are like our here in CA; lazy, by the book drones.
     
    Keeping good thoughts that it works out in your favor.
     
    #3
    BobF
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    Re: Reality check, please? This just doesn't seem right 2016/08/24 18:36:58 (permalink)
    Don't let 'em win Susan!!

    Bob  --
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    Moshkito
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    Re: Reality check, please? This just doesn't seem right 2016/08/24 18:47:56 (permalink)
    Hi,
     
    ALL of the states in America have a Consumer Protection Agency, run by the state. As such you can file a complaint against the dealer and their delaying tactics, which are "normal" procedure, and mainly laziness and intentional, for many a car ownership.
     
    I would file a complaint IMMEDIATELY (for example, in the state of WA you can do it online -- nice and fast!) and it goes straight to the office of the Attorney General of that state.  If you have to mail it, registered mail and get a receipt that it got there. And you can (usually) get the rest of the information with email.
     
    And these folks NOT responding, and ignoring the whole thing (which they will to annoy you!), will get them fined big time by the state, and in some cases, have their license to do business suspended until resolved, which on occasion happens, although rarely. No business, in their right mind, would want to have any kind of a record with the State Attorney General, for something that is wrong, specially if it gets resolved in your favor. 
     
    On one complaint, I made in California, the judge even asked ... any more terms that you want to file against the insurance company? I asked him later, why he asked that. Because if you had told me that you wanted compensation for time lost and this and that, you would have gotten it times three! Needless to say, I fell out of my chair and tree! But I was OK, and did not pursue the punishment thing.
     
    You have to take a stand. And let them know that you are not a nobody that doesn't know diddly squat about the law. If they want to play games, you can too. But they will pay for them!
    post edited by Moshkito - 2016/08/24 19:09:06

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    kennywtelejazz
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    Re: Reality check, please? This just doesn't seem right 2016/08/24 18:49:24 (permalink)
    DMV in NY State is tough on that type of thing.  No insurance means surrender your plates  ...
    I hope for your sake Susan the dealer makes amends ...
     
    all the best ,
     
    Kenny

                       
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    #6
    Susan G
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    Re: Reality check, please? This just doesn't seem right 2016/08/24 19:32:53 (permalink)
    craigb
    I'd say you've got a good case Susan!  Good luck and, hopefully, government idiocy won't be so thick as to realize you shouldn't be paying.


    Thanks, Craig! I hope you're right.
     
    -Susan

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    #7
    Susan G
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    Re: Reality check, please? This just doesn't seem right 2016/08/24 19:35:53 (permalink)
    bapu
    A case that is well documented can usually work out unless your DMV workers are like our here in CA; lazy, by the book drones.
     
    Keeping good thoughts that it works out in your favor.
     


    Thanks, Ed. I've only talked to one person at the DMV so far (will go there tomorrow) and she definitely sounded like the by the book type.


    Thanks again-
     
    -Susan

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    Susan G
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    Re: Reality check, please? This just doesn't seem right 2016/08/24 19:37:07 (permalink)
    BobF
    Don't let 'em win Susan!!


    Thanks, Bob! I'll fight the good fight tomorrow!
     
    Trembling in my boots-
     
    -Susan 

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    Susan G
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    Re: Reality check, please? This just doesn't seem right 2016/08/24 19:43:30 (permalink)
    Thanks, Pedro. I don't want to cause problems for my salesperson, since none of this was her fault, but OTOH there's no way I'll pay fines that I wouldn't have incurred if they'd done what they said they'd do. It hasn't gotten to the point of legal action yet and I hope it doesn't, but I will pursue it if the dealer doesn't stand up and pay if there are fines.
     
    Thanks-
     
    -Susan

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    Susan G
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    Re: Reality check, please? This just doesn't seem right 2016/08/24 19:49:31 (permalink)
    kennywtelejazz
    DMV in NY State is tough on that type of thing.  No insurance means surrender your plates  ...
    I hope for your sake Susan the dealer makes amends ...
     
    all the best ,
     
    Kenny


    Hi Kenny-
     
    Well, I know the rules are the rules, but I hope they either make an exception in this case (not likely) or the dealer accepts responsibility (any more likely?).
     
    We'll see... This was such a muck-up from the dealer in the first place that if they don't make it right I'd have no qualms about naming & dissing them on social media, for whatever that's worth.
     
    Thanks-
     
    -Susan

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    eph221
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    Re: Reality check, please? This just doesn't seem right 2016/08/24 19:55:15 (permalink)
    Nothing worse than giving your hard earned dough to someone for a product, and then feeling wronged.  Pedro is right.  I don't have a JD, but I think you can get treble damages in cases like this.  Keep your chin up.
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    craigb
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    Re: Reality check, please? This just doesn't seem right 2016/08/25 00:06:41 (permalink)
    Really now, what's the DMV going to do with the money anyway?  YOU need that money for plug-ins! 

     
    Time for all of you to head over to Beyond My DAW!
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    Unknowen
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    Re: Reality check, please? This just doesn't seem right 2016/08/25 01:36:54 (permalink)
    Susan G
    Hi All-
     
    Sorry if this is a little long, but...
     
    I bought a car from a dealer on 8/6. I was told I could transfer the plates from my old car and they would take care of transferring the registration. While at the dealership, we contacted my insurance agent and told them about the purchase and transfer, so my new car was insured and my old car wasn't from that point.
     
    14 days later (on 8/20) I received new plates and a new registration. I called the dealer and asked why the new plates. They apologized for the error and told me they would refund me the amount of the registration and that I should go ahead and put the new plates on and get the car inspected. Did that.
     
    I contacted the DMV about surrendering my old plates and they said since I wasn't carrying liability insurance on my old car I'd be charged an $8.00/day fine. I had no idea, and at this point I'm looking at $152 in fines.
     
    This seems to me like more fallout from the dealer's failure to transfer the plates as promised in the first place. This could have all been avoided if they'd just done that.
     
    I have an email from the dealer saying it was their error, but I'm gearing myself up to contest the fine with the DMV and/or throw it back on the dealer.
     
    Just looking for moral support or holes in my argument ;).
     
    Thanks-
     
    -Susan


    Hi, sorry for buttin in.. so you bought the new car... I get that. you transferred your insurance from the old car to the new car. I get that... and then? you drove the old car home without insurance? or you traded in the old car for the new car?   I'm kind of thinking that both cars must of been covered as you may have overlapped payments on some level...maybe the insurance company can help you... if the dealer got your old car on a trade in deal... it's there car before you leave the lot..  just thinkin... this stuff gets to me... and I feel really bad for you... if you have nothing in writing on your contract agreement with the car dealer as part of the sale... well you know... but really you would think that the dealer would want to start out on the right foot from the start so this never happened.. but legally they have no obligation to do so if your state law is written that way.... I would pay the fine now because it is still going up everyday.. then look online for laws in your state related to this issues... if you find any defense options... run the ball, if not... spread the word about the dealer...   BUT only tell your story like you did here...  just the facts... at least maybe you will help someone else not get....
     
    take care... :) 

    Hay look,
    Somethings are not locked in stone... lol 3/18/2019
    #14
    Unknowen
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    Re: Reality check, please? This just doesn't seem right 2016/08/25 01:55:56 (permalink)
    oh. I know you most likely love your new car but to force a hand.. if your state has a 30 return law... pretend to take the car back and start over... they should at least cough up the fine just to get you out the door. if you went though a real dealership contact the car manufacturer for help, report the dealership to them... go over all your documents and look for other problems and mistakes in calculating the deal that you can use... only deal with the top mucky mucks at the dealer ship.. it is an art to do this stuff... but be nice... most people will want and try to help...
     
    you may have seen how I get here...
    imagine me finding out that carFAX is a joke and when the dealer said the car had only two owners.. and you could see the same thing on the carFax report.. but if you add up the miles per sale, a dealership had been using and driving the car for like 6 months.. that counts as an owner.... not to mention sales price online was like $1000.00 less then on the floor... refund in cash.. :) just sayin.. look at everything to do with the car... fax are leverage...
    post edited by Dave000 - 2016/08/25 02:18:24

    Hay look,
    Somethings are not locked in stone... lol 3/18/2019
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    Randy P
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    Re: Reality check, please? This just doesn't seem right 2016/08/25 06:22:49 (permalink)
    Susan, I'm a car dealer here in NY. When you picked up your car, it should have had a temporary registration taped to the inside left of the windshield. That has your transferred plate number and the date you took delivery of the car. Take that and your paperwork including the email from the dealer to dmv. If they don't cancel the insurance lapse charges, pay the fine and take that receipt to the dealer along with your paperwork and kindly ask for reimbursement. They will more than likely issue you a check.
     
    What likely happened is the dealer dropped off a stack of transactions to be processed at dmv. The clerk that handled them screwed up and instead of transferring, issued new plates to you. It was that or the title clerk at the dealership screwed up your paperwork. Either way, at the end of the day it's the dealers responsibility.
     
    Send me a PM if you need any other advice.
     
     

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    Randy P
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    Re: Reality check, please? This just doesn't seem right 2016/08/25 09:11:59 (permalink)
    Also, the insurance ID card you should have received from your agent should have "transfer" on it which will show that you intended to transfer your plates and registration.
     
    On a side note, you mentioned that the dealer instructed you to have the vehicle inspected. That is the dealers responsibility and should have been done before you took delivery of the car.

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    Guitarhacker
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    Re: Reality check, please? This just doesn't seem right 2016/08/25 09:30:02 (permalink)
    Yep..... What Randy said. 
     
    The dealer has the responsibility to pay ALL the costs to make you whole. It was the dealers fault that this happened. They should make it right.  For the time being.... trust that they will and treat them as your ally.  If they don't follow through, then, and only then should you go to battle against the dealer.  Pay the fees the state requires so they don't continue to build up... and hand the bills to the dealer to reimburse you.

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    #18
    Susan G
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    Re: Reality check, please? This just doesn't seem right 2016/08/25 10:03:46 (permalink)
    Randy P
    Also, the insurance ID card you should have received from your agent should have "transfer" on it which will show that you intended to transfer your plates and registration.
     
    On a side note, you mentioned that the dealer instructed you to have the vehicle inspected. That is the dealers responsibility and should have been done before you took delivery of the car.


    Hi Randy-
     
    I checked my State Farm insurance ID card and it says "Replacement vehicle" which I'm guessing is as good as "transfer"?
     
    I live in NY, but bought the car in CT. The dealer did inspect it, but I guess the actual sticker & inspection record has to be for the same state as the plates? I haven't bought a new car in 15 years and never from another state, so this is all foreign to me.
     
    @Dave- A friend drove me to the dealer and I drove the new car home. The insurance transfer was done over the phone from the dealer and my old car has been in my driveway the whole time. Sorry for the confusion.
     
    I'm going to reply further in a bit, but wanted to get a quick thanks off to all who replied to me!
     
    Thanks!
     
    -Susan
     

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    Randy P
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    Re: Reality check, please? This just doesn't seem right 2016/08/25 11:21:57 (permalink)
    Susan, "Replacement is the same as transfer". And yes, it does have to be NY inspected.

    http://www.soundclick.com/riprorenband

    The music biz is a cruel and shallow money trench,a plastic hallway where thieves & pimps run free and good men die like dogs. There's also a negative side. Hunter S. Thompson
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    Susan G
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    Re: Reality check, please? This just doesn't seem right 2016/08/25 15:56:20 (permalink)
    So I turned in the plates & paid $1.00. They didn't ask any questions & I didn't volunteer anything, although I was armed with documents out the wazoo in case my record was flagged. I suppose they could come after me later, but so far, so good.
     
    All digits crossed!
     
    -Susan

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    eph221
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    Re: Reality check, please? This just doesn't seem right 2016/08/25 15:58:07 (permalink)
    A *reality check* is the money I don't make from music! :D:D
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    craigb
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    Re: Reality check, please? This just doesn't seem right 2016/08/25 16:00:46 (permalink)


     
    Time for all of you to head over to Beyond My DAW!
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    eph221
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    Re: Reality check, please? This just doesn't seem right 2016/08/25 16:28:59 (permalink)
    I think I know that guy!
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    outland144k
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    Re: Reality check, please? This just doesn't seem right 2016/08/25 17:08:22 (permalink)
    Susan G
    Hi All-
     
    Sorry if this is a little long, but...
     
    I bought a car from a dealer on 8/6. I was told I could transfer the plates from my old car and they would take care of transferring the registration. While at the dealership, we contacted my insurance agent and told them about the purchase and transfer, so my new car was insured and my old car wasn't from that point.
     
    14 days later (on 8/20) I received new plates and a new registration. I called the dealer and asked why the new plates. They apologized for the error and told me they would refund me the amount of the registration and that I should go ahead and put the new plates on and get the car inspected. Did that.
     
    I contacted the DMV about surrendering my old plates and they said since I wasn't carrying liability insurance on my old car I'd be charged an $8.00/day fine. I had no idea, and at this point I'm looking at $152 in fines.
     
    This seems to me like more fallout from the dealer's failure to transfer the plates as promised in the first place. This could have all been avoided if they'd just done that.
     
    I have an email from the dealer saying it was their error, but I'm gearing myself up to contest the fine with the DMV and/or throw it back on the dealer.
     
    Just looking for moral support or holes in my argument ;).
     
    Thanks-
     
    -Susan




     
    FWIW, I had something a bit similar happen a number of years ago. Thankfully, I paid for the car with American Express. The only way I finally got cooperation from the dealer was when I threatened to stop payment on the car and leave it on the dealer's lawn. He told me that I couldn't do that and asked if I realized the trouble I be causing myself. I told him that was my concern, but Amex was behind me (I'd contacted them and they were in full support). He complied with my request immediately.
     
    Dealers really don't like any problems with the hierarchy for a number of reasons: it affects their relationship/rating with the manufacturers and creditors, it's bad PR, etc. $152 is chickenfeed for a dealer (although I grant that their profit margin is not as high as many believe) and, as you noted, it was their mistake. If the dealer does not comply with your request and you try something similar to what I did, it will cost them far more than $152 in the long run. He certainly does understand that.

     
    Good luck. Please let us know how you do.
     
    SORRY!  I wrote all the above before I read to the end of the thread. It looks like you did pretty well. Congratulations!
    post edited by outland144k - 2016/08/25 17:31:30

    “Beer is proof God loves us and wants us to be happy” is attributed to Benjamin Franklin perhaps in error, but the thought remains a worthy sentiment nonetheless.

     
     
     
     
     
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    Randy P
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    Re: Reality check, please? This just doesn't seem right 2016/08/25 17:17:29 (permalink)
    Susan G
    So I turned in the plates & paid $1.00. They didn't ask any questions & I didn't volunteer anything, although I was armed with documents out the wazoo in case my record was flagged. I suppose they could come after me later, but so far, so good.
     
    All digits crossed!
     
    -Susan


    I wouldn't rely on the clerk at DMV not catching the insurance lapse.   I speak from experience. If you wait, then it's going to be more difficult to get the dealer to reimburse you.

    http://www.soundclick.com/riprorenband

    The music biz is a cruel and shallow money trench,a plastic hallway where thieves & pimps run free and good men die like dogs. There's also a negative side. Hunter S. Thompson
    #26
    Susan G
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    Re: Reality check, please? This just doesn't seem right 2016/08/25 18:30:16 (permalink)
    Randy P
    Susan G
    So I turned in the plates & paid $1.00. They didn't ask any questions & I didn't volunteer anything, although I was armed with documents out the wazoo in case my record was flagged. I suppose they could come after me later, but so far, so good.
     
    All digits crossed!
     
    -Susan


    I wouldn't rely on the clerk at DMV not catching the insurance lapse.   I speak from experience. If you wait, then it's going to be more difficult to get the dealer to reimburse you.


     
    Hi Randy-

    I understand the advantage of being preemptive, but do you mean I should tell the dealer I *might* get charged a fine? At this point, I only paid $1.00 to DMV to surrender the plates, so I don't know what I'd be asking the dealer to reimburse me for. They've already said they'll reimburse me for the new registration fee. I guess I can call them and ask for an assurance they'll pay the fine if I'm assessed one. Is that what you're suggesting?
     
    Thanks!
     
    -Susan

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    57Gregy
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    Re: Reality check, please? This just doesn't seem right 2016/08/25 21:20:26 (permalink)
    It's been a long time since I read an insurance agreement, but I seem to remember that if you have an insured vehicle and buy another, your insurance will automatically cover it for a period of time. You may have to retroactively pay for that period, but I'm sure you're covered.
    In North Carolina.

    Greg 
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    Susan G
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    Re: Reality check, please? This just doesn't seem right 2016/08/25 23:57:50 (permalink)
    57Gregy
    It's been a long time since I read an insurance agreement, but I seem to remember that if you have an insured vehicle and buy another, your insurance will automatically cover it for a period of time. You may have to retroactively pay for that period, but I'm sure you're covered.
    In North Carolina.


    Hi Greg-
     
    I'm definitely covered for my new car. State Farm transferred my insurance as soon as the dealer called them saying I'd purchased the car. I don't owe SF anything; the question is whether or not the DMV will assess a fine for my "allowing" the insurance to lapse on my old car, even though if the dealer had transferred the registration as all parties agreed instead of issuing a new one (and new plates) there wouldn't have been a problem.
     
    Thanks-
     
    -Susan

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