Hail damage while at Service Center falls under owner’s insurance

Hail damage while at Service Center falls under owner’s insurance

My Tesla is in for service and they have had it a few days. We are expecting a hail storm so I called to ask where my car is being stored. Told me it was in the lot. When I pressed what would happen if my car was hail damaged while in their possession, I was told it falls under the vehicle owner’s insurance. WOW. ASked them to park my car inside just in case. They did. TESLA OWNERS BEWARE.

PrescottRichard | September 7, 2019

Wow indeed.

How about - car owners beware?

jordanrichard | September 7, 2019

You certainly can’t expect them to bring in every car inside. Weather is weather, it is out of their control. Their insurance would cover things that happened to your car due to their handling of the car like moving it around the lot, in and out of the service bays and anything that happens to it inside the shop.

rxlawdude | September 9, 2019

Tesla's possession falls more into the "bailment" agreement, where unless there is provable negligence, Tesla has no liability while the car is in their possession.

So, regrettably, Tesla is correct in this situation. Can't be liable for force majeure (Acts of God).

geoffdorn | September 9, 2019

If your tree falls on your neighbors car, its their problem and not yours, this is just how insurance works. if there is no liability, then there is no responsibility.

David N | September 9, 2019

What if your car was parked at work in an outdoor parking lot, would you expect your employer to be responsible?
What if you were grocery shopping when the hail storm came?

rhj | September 9, 2019

The dealer took possession
The work order you signed probably
Released them from all responsibilities.
The service manager always denies all responsibility
That what lawyers and courts are for

PrescottRichard | September 10, 2019

I don’t suppose one would expect the city to pay for hail damage for a car parked on a city street... right?

calbeach95 | September 10, 2019

Sooo....if the loaner I have gets hail damage while parked in my driveway, then by the same theory, the liability for hail damage should fall to Tesla.

I will be picking up my car if they cannot store it in the shop during an expected storm!

rxlawdude | September 10, 2019

@calbeach, interesting question, but yes, you cannot be held liable for force majeure, especially if you have taken reasonable measures to protect the car. For example, if proven that you deliberately choose to park the car when it's exposed when you had a covered garage or carport available, it could be a bit more of a gray area.

Tesla's "reasonable measures" for cars at the SvC are different, simply due to physical impracticability of moving all cars on a lot to covered safety.

calbeach95 | September 10, 2019

PrescottRichard : I don't bring my Tesla to the "city" for warranty work.
David N : Where I choose to park while at work or the grocery store is MY responsibility.

Denver is known for damaging hail storms and many dealerships now have provisions for storing cars in for repair.
Porsche and Maserati do not leave their customers cars outside.

I bought my first Tesla in 2013 and the Teslas were not left outside overnight without customer consent the first few years. Now, apparently, they are left outside with NO notice. Had I not asked, and even the intake tech didn't know, I would have been surprised to later find out that hail damaged caused while my car was in Tesla's CARE was now on my insurance to take care of. (Didn't happen, but if it had...)

This was simply meant as cautionary information to those who may not know.

PrescottRichard | September 10, 2019

Gotcha. I was just pointing out that people park cars on city streets and can get hail damage.

Glad you have that all sorted out for yourself.