Yep the contract states that they will test drive it to confirm functionality. It's not as if they were 6-7 miles away from the dealership. It looks like they took it around the block.
The car already has a CPO warranty so it's good until 100,000 miles, of course. Hopefully I can sit down with the General Manager tomorrow to discuss options and such. then again, I still need to see that accident report.
The dealer's insurance called me today. They have an adjuster coming out tomorrow to look at it. I asked about dimished value and it's not something that they handle, so I will have to strike that conversation with the dealer. I also made them aware of the custom audio system that is in the car. The amp looks to have taken a good sized hit.
Did you have an adjuster from your insurance come by as well? Insurance adjusters are supposed to "trust" each others judgements, but I'd be wary of one coming from a dealer. There's just too much chance of a hookup situation there.
Diminished value can be settled through your own insurance, and may not get as much as you would expect. You'll have to give them a call.
You'd have to sue to get the diminished value from the dealership directly, or through their own insurance. It doesn't hurt to ask, but then again, it doesn't hurt to threaten a little bit either.
Maybe if your t-bone was one of those 'guy from the Austin Powers scene with the steamroller' type of scenarios. ;P