Recently I visited Lexus Erin Mills dealership in Mississauga, ON. Canada to price a part for my recently purchased used 2000 Lexus GS300.

As I was attempting to leave the parking lot, my vehicle was struck and damaged by a Lexus dealership employee who was driving at an excessive speed, in the wrong direction of an incoming traffic lane, less than 50 ft. away from a street sidewalk.

The dealership Service Manager, who owns the SUV which hit my vehicle, immediately, without having actually witnessed the collision, claimed that I was at fault.

Thankfully, another Lexus customer, who was within 40 ft. of the collision, volunteered to act as a witness, and maintains that the dealer's employee was responsible for the damages which exceed $1,450.00, because he was driving at a grossly irresponsible and reckless high rate of speed as he attempted to swerve past me in the dealership parking lot.

That incident does not comply with my idea of what Lexus Customer Service proper courtesy should be.

I directed an email to a Lexus Canada Customer Services representative to request that my accompanying collision report be directed to the individual who ultimately heads his department, and I requested the name and position of that executive.

I received a form letter "brush-off", which did not provide the requested administrator identification.

Am I being unreasonable in my request, and why would Lexus Canada Customer Service Department ignore and dismiss that request?

If need be, I am willing and prepared to direct this claim to Lexus Headquarters international for due, proper, and fair compensation.

I would appreciate obtaining the names and positions of any Lexus executives who might willingly and competently provide resolution of my complaint!

It has nothing to do with Lexus Canada , as well they just forwarded it to the dealership.
Go to the dealer and ask to see the general manager , it is as simple as that.

Did you call the police for an accident report?
It was private property so it is a civil not criminal issue.
Most people don't have to see an accident to know who hit who.

How do you move at a high rate of speed in a compund that is 40 feet long?
Sorry but it is not making alot of sense.
You are upset so you are leaving the facts out and adding all the wrongs the dealer or driver did which is to place blame.
Why do i say this , you make it sound like you are parked and not moving , Is that true?
Where you attempting to make a left or right from the dealer onto the public road ?
If you were the one turning then unfortunatly it is your fault as the other driver no matter how negligent in skill he was had the right of way.

SK Performance,

You say that the original poster is leaving out facts, but YOU are making a number of potentially incorrect assumptions. You were not there to witness what happened, you are only speculating (and admonishing at the same time), and you are certainly not helping to rectify the situation one way or the other.

The original poster asked for names and contacts for escalation of his issue. No one on this board can judge who was or was not at fault. If he has a case, and with a credible witness he probably does, then he should indeed escalate through the proper channels.

Skperformance -

It has everything to do with Lexus Canada - that entity has granted a license to Lexus Erin Mills to conduct business on its behalf.

How do you know that Lexus Canada forwarded my report to the dealership? Are you an employee of or a partisan to that dealership?

When I visited the dealer, I spoke to the supposed executive in charge, and when I asked for the name and business card ask of the dealership president, no information or card was provided.

I didn’t call the police for an accident report - I drove to the local police station to request and file one, but the officer on the main desk stated that established policy is to ignore performing that function if the total cost of the damage, excluding labour costs and taxes, is below $1,000.00.

Although the property is private, Lexus Canada does have a financial interest in how its dealer operates its business, and the degree to which it conforms to Lexus Headquarters customer service policy.

To be factual - I didn’t “move at a high rate of speed in a compund that is 40 feet long”.
I believe that you misspelled the word “compound”. The irresponsible Lexus employee who was driving the Service Manager’s SUV was the person who accomplished that irresponsible feat. And what leads you to state falsely your forty foot long reference? That’s unsupported by fact!

Yes, to you who appears to be, but may not be, a Lexus Erin Mills employee (evidence - your false forty foot long reference), my post probably “is not making alot (did you mean a lot?) of sense.

Although I am justifiably upset, I am not “leaving the facts out,”and I do challenge you to reveal any facts which I have omitted!

The dealership, by its obstinate determination to ignore my complaint, and by “all the wrongs the dealer or driver did” has placed rightful blame on itself.

Since you asked - while cautiously attempting to back out of a restricted view parking space, I did everything possible to view any possible oncoming traffic, and I tried to ensure that my vehicle was visible to any possible oncoming vehicles. I completed that manoeuver as a 3-step process - backed up a few feet, and stopped, backed up a few more feet and stopped, and then backed up again, AND STOPPED! YES, that is true! When the collision occurred, the other driver’s vehicle was seen through my back window only as a blur - hence, the reckless speed accusation, which is supported by the witness.

No, I was not “attempting to make a left or right from the dealer onto the public road” - I was STOPPED at least 40 feet away from the public road. Moreover, the other driver had been going the wrong way in an incoming traffic lane. THOSE ARE THE FACTS!

Lastly, your concluding sentence shows that you are unable to pay attention to detail - “If you were the one turning then unfortunatly (do you mean unfortunately?) it is your fault as the other driver no matter how negligent in skill he was had (kindly explain the meaning of those 3 words used together) the right of way."

Nice try - you have revealed quite a bit about yourself as your attempt to justify the irresponsible driver, and instead, cast the blame at me.

I’m sure that the viewers on this Lexus blog site can and do note our personal differences in analysis, responsibility, competence, and attention to detail.

Davole,

I don't believe that SK Performance is an employee of the dealership you are battling with. He is a long-time management member of this forum and he does in fact offer some fairly decent advice from time to time. But he also jumps to conclusions in the blink of an eye. I don't believe that he is involved in any way in whatever cover-up you believe your dealer is attempting to pull on you. He simply uses the methodology of "Ready, Fire, Aim" on a far-too-frequent basis....

I wonder if the laws regarding this are completely different in Canada. In the U.S., dealerships do not conduct business under a "license" but instead are independent businesses conducting business under a franchise agreement. There is an absolutely huge difference between the two under U.S. law. I suppose you could consult with an attorney but you could easily ring up a fairly high bill pretty quickly.

Regardless of your star witness, being hit while backing out of a parking space leaves room for interpretation with the law (here in the U.S.) usually coming down on the side of the other driver. I've certainly swerved around a car backing out of a parking space a zillion times in my lifetime.

My advice is to move on in the most expeditious way possible. If you can get the dealership to pay for or help with the repair cost, great. If not, file a claim with your own insurance company.

RX in NC -

Thanks for your initial comments to SKperformance, and now your direct reply to me.

Did you notice the first line of SKperformance’s reply to me regarding the detailed report which I submitted to Lexus Canada?

He states - “It has nothing to do with Lexus Canada, as well they just forwarded it to the dealership.”

I did not mention in my post that Lexus Canada forwarded my detailed report to Lexus Erin Mills. Either he assumed that would have happened, or else he had inside knowledge in that regard.

That is why I suspect that he somehow might be a Lexus Erin Mills employee or hired spokesperson for that dealership.

Thanks again for your correspondence.

First of all, you have to calm down. This is a private club and it is in no way affiliated with Lexus USA, Lexus international, or Lexus Canada. Niether SK performance nor anyone else involved in the ownership or management of this site are employees of Lexus or any Lexus dealer. In fact...I think SK does or did work for a Mercedes dealership.

We are just private individuals who are Lexus enthusiasts.

You're welcome to join and post here, but this is a recreational activity for all of us and if you're going to try and somehow blame us for what happened or attack other people the way you have attacked SK here, you'll be asked to leave. SK is the second most senior member of the site's moderating team, he is the second highest contributer to the site, and he has been a member here for years. He just knows the way these things work, as I do. I'm sure he's also been to that dealer since he lives in that town, which is why he knows the dealership's layout.

So any other comments you want to make about our management or members...I'd hold onto them.

Now, from what I know of how things work in the US (I can only guess its the same as in Canada) the dealers are independent businesses. Lexus is in no way involved, and they will stay uninvolved as they did already when they sent you that brush off. What you need to do is deal with the dealer. Try and find the dealer's General Manager.

Unfortunately the one thing you could have done which you did not do was call the police and get a police report. But...thats water under the bridge.

My suggestion is that you contact your insurance company and let them handle it. They will fix your car and they will try and go after the dealership, the employee, and/or the manager who owns the vehicle. They may or may not be successful.

Its a little bit of a gray situation, the vehicle was under your control when it was damaged not the dealers (or it would automatically be their fault), there is no police report, and assumably the vehicle that hit you was being operated privately, not under the business of the dealership since it was the property of the service manager.

I feel for you...but yelling at us and making insinuations about the managers here isn't going to help anything.

I made no judgements , go and reread the post and you will see i asked questions and posed possible circumstance to the situation.
BTW how are you helping him rectify anything ?



If you say it is over a thousand why would the officer say it is not (ODD) ? BTW it is not exclusive of labor for a report it is quite inclusive for vehicular damages . It is anything over $1000 is mandatory to be reported, if it looks close then you have to bring it in to be inspected at a vehicle collision center within 24 hours. Police will only arrive on scene for public damages and personal injuries. Once you show up to make a report they have to make one . Except with you it seems.
Could it be it is a scratch on the bumper and you want the trunk and both 1/4's blended and a new set of tires ? This i me being condescending as you did not post pictures of the damage. Why not show the facts and post the damaged vehicles pictures and location of where it happened.
Like most people who come to the Internet hoping to rant and rave over something they rarely post true facts that are irrefutable, like pictures.

The lot being 40 feet long was an exaggeration as most people with common sense could figure out you could not barely have a driveway never mind a parking lot but you. (must have been the spelling again , right?)

I hope you have finally learned in all your years of spelling how to drive properly now . The best thing is not to drive in to a spot ,especially one you cannot drive out of safely which you should have noted before exiting the car.
You can "cautiously" try and play Russian roulette but it still has the same consequences wether you do it cautiously and slowly it was a poor decision on your part to park there and like that.

I asked if you were making a left i did not say you were making a left ! You can spell again but can't seem to understand this squiggle (?) called a question mark . It means i am asking a question not making a statement . I did pose a possible scenario (denoted by the ) "if you were" making a left but you weren't so why bother trying to make a point if it is null ?

Pay attention to WHAT ?! Did you explain yourself before ? Yes , that was the sound of a resounding NO in your head!


From time to time and jumps to conclusion ? Please reread and notice the punctuation marks as it seems the 2 of you are having a hard time and need new monitors.
RX that is one bit of words you choose to use. I will not even get started on you and the remarks you make.

Like most when they feel attacked they retort in the same manner.
Your post shows you like to whine and complain. (that is a statement of opinion no question there )
I have been to that dealer more times than you can imagine . Having 3 Lexus' of my own and being a Lexus owner for over 10 years . Hell I've been here since the inception of that "Lexus" dealer .So if anyone can understand the driving issue of that lot it might be me. This is not MC Donald's where you buy a burger and it is not to your standards. You are not a direct customer of Lexus Canada, why on earth would you think they would have anything to do with it. You buy the car from them not the service , hell you don't even buy the parts directly form them the dealer does. When someone in a Honda hits you while drunk on beer do you sue the beer brewer and /or Honda for letting an irresponsible person drive their car ?
NO ! You focus on the problem at hand the drunk driver, who choose to make the mistakes .

There is no right/wrong side of the road on private property otherwise you could only drive onto one side of your own driveway and the other side could only leave .
Any civil action would leave you holding a bill for the proceedings for both sides as no matter what, you were negligent in parking and then backing up

The statement " given the brush off " denotes they felt they had no handling of this situation and would have told you go elsewhere . Am I incorrect in that or did you not make that clear? Even the officer was giving you the brush off. Why would so many people not want to help you if you were so right and being persecuted ?
There are always 3 sides to the truth , their side your side and the truth.
So when you say you "received the brush off " alittle bit of intelligence combined with experience leads one to think that you were pointed in another direction . You don't need the Hubble telescope to see that.

You can try to attack me all you like , what will it get you ? Do you feel vindicated because i type fast and don't bother to check it?

BTW I do know the manger of the dealership and have dealt with him a few times but your so smart and i can't spell .
As well as having a more than few contacts at Toyota Head office . But that must be a lie because why would they cohort with someone who can't spell.

Just a word of advise , when you come around thinking you know it all and no one can tell or ask you anything ,no one is going to be willing to help you. So far no one has been willing to help you . So you have to look at yours self and ask why , what am i doing wrong or poorly ?
The first answer is i am not the problem and i am a victim ?
The second is what have i done wrong and what can i change ?
The third is how do i change this outcome to a more preferred one?

How you read the original post shows who you are and your emotional state to argue with anyone you can wether they are trying to sift through the information or laying blame.

No, I don't need a new monitor. I stand by exactly what I said. I would expect you to disagree with me and would be disappointed if you didn't. But we are all entitled to our opinions. That is one of the aspects that keeps forums like this one crisp and lively....

You are an real piece of work RX , you see i ask a question and you still stand by an arrogant line of you still being right when everyone else can see you are wrong for misreading a statement for a question .
Let us know how it feels to be the emperor with new clothes when we stop laughing at you.

I believe that the greater error in misinterpretation in this particular case falls to you. You completely missed the fact that I was defending you against the original poster's claim that you must be an employee or associate of the dealership in question. I didn't happen to believe that accusation, still don't, and offered my opinion on why you came across to him as you did. Sorry, but your attempts at sarcasm won't change my opinion.

Come on guys...lets cool it...

Point taken. If I have any further beef with SKP, I'll take it to him privately....

Skperformance:

I appreciate having read RX in NC’s opinion of you - it does seem to be accurate, and it is evidenced by several instances in your post to me.

I don’t know why the officer said that a police report would only be filed if the actual damage to any and all parts of my vehicle totals more than $1,000.00, and that labour costs and taxes should not be included. I trust that he would know the letter of the law better than I would since he probably has more experience in that regard, in addition to probably having received intensive pertinent training.

I did not take any pictures of the damage, so therefore I could not post any.

I found your assertion to be ludicrous - I’ll quote - “Once you show up to make a report they have to make one . Except with you it seems.”
I doubt that the police will respect you as an unquestionable authority in that regard!

And then, to your credit, you even do admit that you are being condescending by your question - “Could it be it is a scratch on the bumper and you want the trunk and both 1/4's blended and a new set of tires ?” No, I didn’t take any pictures of the damage, so therefore I could not post any. But I did have a damage estimate from a reputable collision repair shop in Waterdown, ON. when I visited the police department.

Your following statement “Like most people who come to the Internet hoping to rant and rave over something they rarely post true facts that are irrefutable, like pictures.” I’ll leave it up to any other viewers on this site to form an opinion as to whether or not my initial post validly can be described as ranting and raving.

My reference to the fact that your spelling is often inaccurate was intended to indicate that you do appear to have a problem dealing with factual evidence. Now do you understand that?

As a reply to your pathetic attempt at ridicule as evidenced by your statement “I hope you have finally learned in all your years of spelling how to drive properly now.” Yes, as a matter of fact, in my 45 years of driving experience, I have never caused my insurance company to pay to repair any other person’s vehicle, nor for any injury either to anyone else or to myself. Nice try, though!

Then you lamely assert - “The best thing is not to drive in to a spot ,especially one you cannot drive out of safely which you should have noted before exiting the car.” Have you ever noticed that a driver who has parked in a partially vacant portion of a parking lot may, on occasion, return to his or her vehicle to obsrve that other vehicles have, in the meantime, parked alongside, thereby obstructing the view?

And your comment - “Pay attention to WHAT ?! Did you explain yourself before ? Yes , that was the sound of a resounding NO in your head!” somehow doesn’t seem to correspond to the degree of impartiality and competence which a viewer would expect from a management member on this site.

To refute your assertion that I “like to whine and complain,” take the time to reread my initial post, and don’t be so ready to shoot from the lip, as another poster has accurately confided.

Your hypothetical rant about a customer of McDonald’s, although far-fetched, does merit a reply. Yes, if I was a customer of McDonald’s and my car was hit on a McDonalds’s parking lot by a McDonald’s employee who was driving carelessly, I would probably believe that McDonald’s franchise holder to be somewhat culpable, and the issue itself worth reporting to McDonald’s headquarters so that an investigation might ensue.

You claim that “There is no right/wrong side of the road on private property.” I believe that a two lane traffic artery would reasonably be expected to have one lane in one direction, and the other lane in the opposite direction, unless otherwise indicated. Here, in Canada, the lane to the right is the uniformly established avenue for forward vehicular traffic. Hopefully you do actually realize that!

Your senseless and baseless comments regarding “ brush off ... being persecuted ... the Hubble telescope” demonstrates your inability to be rational, or even competent, in this regard.

My intention is not to attack you, but it is evident that you do leave a trail leading to nowhere worthwhile by your reply.

Since you do “know the manager of the dealership ... As well as having a more than few contacts at Toyota Head office,” would you care to be helpful as a management member of this site by actually providing a few of their names and contact numbers or addresses? You sure seem to be thin-skinned by your words “But that must be a lie because why would they cohort with someone who can't spell.” When did I ever say or insinuate that? Obviously you choose to live in a world of assumption - that validity has been mildly proven by me, but so much more explicitly by you own words.

Thanks for your “Just a word of advise” - I think that you meant advice.
Never once have I claimed to be a victim. But right from the start you insisted that I am “upset so (I am) leaving the facts out.” Somehow, you haven’t competently supported that false assumption!

My initial post related in detail the events of the collision which happened, where it happened, and who I and a witness maintain was responsible. That post was positioned in an appropriate topic location on this Lexus Owner’s website. I also stated that an employee of the Lexus Canada Customer Service Department gave me the “brush-off” by refusing my request that my complaint be forwarded to a higher level of administration, and that I be provided with relevant contact information. I believe that my request, as a Lexus vehicle owner, is not unwarranted or unreasonable. After all, isn’t Lexus official motto - The relentless pursuit of excellence?

I found this comment of your’s amusing - “How you read the original post shows who you are and your emotional state to argue with anyone you can wether they are trying to sift through the information or laying blame.” Would you please explain how my original post would ever show that, as you say, I am ready “to argue with anyone”? My original post was not directed to anyone specific, so how could I have honestly demonstrated that I would be ready to argue without any comment from anyone? Don’t you realize that you’re not being logical in that regard?


But in summation, I note that your management member’s description as “Official LOC Bad Speller” is evident and accurate - Congratulations!

Good luck with that their buddy.
I can already tell you how it ends , where you get no money , no repairs and no bady cares.
There are so many points where you are wrong, but i am tired of a *BLEEP*ing match with you .

Your initial post was perfectly fine, its your bizarre assertions that somehow SK and us were in cahoots with the dealership that would certainly be considered by most to be paranoid rantings. From the very instant that your post was responded to you've been very rude and insulting towards SK even going so far as to insult his spelling and grammatical skills. I mean...come on....really. I can't imagine why the dealership is being difficult with you when you keep discussion to the issues like that. Jim (1990LS400) and I posted some very good advice and discussion points but you don't seem to want to talk about them...you seem to want to continue attacking SK...

What you have to understand is you reap what you sow. You come on here and you've been extremely combative and accusatory, especially towards SK, when information has been thrown at you that doesn't go your way. Surprise, now you've gotten that back.

Its a give and take, if you only want people to see your side of an issue then write it in a diary...don't post it on the internet. You asked if we thought you were being reasonable and what our opinions were and he gave you his. Don't like it? Don't ask for it. You can't ask for someone's opinion and then when they give it say they don't have any information and therefore don't have the right to have an opinion. Maybe if you wanted the opinions of lawyers only then you should have asked some lawyers instead of us.

Had he agreed with you I somehow think you would have been a lot more accepting of his spelling and grammar

I think this thread has run its course, good luck.

I don't like to reopen thread , especially ones i did not close as it is using an ability i have to be used under discretion.
For that reason alone i am adding to this topic with some facts.

I have since spoken with the service manager at Erin park Lexus and heard his version of this tale.

From my understanding as it was made before the original poster was and is at fault.
Why?
1 . he backed out of a parking space .
2. he drove in the parking space and had no clear view of the roadway he was backing into as he was blocked by the vehicle beside him which was an SUV ,as such he could not see over it and proceeded to make a risky choice in not asking for help .
3. The whole thing was recorded on video tape showing the dealership vehicle being driven normally (no better witness).
4. The only reason why the OP's insurance was not contacted is because of the dealerships high deductible , which would have raised his rates as it was again his fault.
5. Lexus Canada, Erin Park Lexus , the service manager and Peel region police all find no wrong doing by the dealership or the driver .


So here are some other facts to be added so you can draw your own conclusion.
thanks

Pretty hard to argue with that.

I'll get the popcorn....