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Experience with Damage during service transport...

They don’t have a loaner available when they brought my car in for the initial issue, but did rent me a car. I still have that car (BMW 740i) and only complaint is having to pay for gas. Did ask that when a Lucid loaner comes available that i would love to get that and give back the rental. Probably would save them some money too.
 
Dude, they gave you a 740i... wow, enjoy.
 
Yeah, so a trick I now do. First, disabling the Shock/Tilt is useless because every time the FOB gets in range (which is all the time on an open transport), it seems to reenable (rather than every time the door actually opens - that's just stupid/obvious/bad programming/code). So, to combat that, I set it to Push Notification only, that way I'll get the annoying alerts, but the driver won't see any indication (thus, not relying on the driver to think before clicking - which is always a risky proposition).

Lucid really needs to get on this, because this is just stupid software design. We're talking 10, maybe 15 lines of code to virtually eliminate this. The app is fully aware the car "may be being towed" - I'm sorry, when in that state, hood/trunk remote controls should be disabled. That's just a costly lack of common sense.

Now, some advice... They still haven't paid for my damage, and when it was attempted to be brought forward to their legal department, the legal department operated in such an unprofessional manner, they didn't respond to the request for arbitration - instead, they simply sent it to the same customer service D "head" I had been working with. Not exactly a great look for what's coming next, but hey, that's the look they're going for I guess (what did banks think about 15 years ago.... "too big to fail"...)...

So, here's what all I've learned since this happened to me (and hopefully it can shortcut some things for you)....
  • My initial instincts (way above in this thread) were correct: Unless you want to risk your insurance premiums going up, I wouldn't recommend going through your insurance. And if you don't go through them from the onset, they won't be helping you at all (their legal departments are only for recovering their money, not yours).
  • Second, your transport/service contract was with Lucid Motors. You had no involvement in the selection of the primary transport contractor, or the eventual sub-contractor they will hire.
    • This means, you are thrice removed from who ultimately caused the damage. This will be important, so remember that.
  • Lucid may start the process with the body shop, but ultimately they'll hand it over to the insurance company for the sub-contracted transport carrier, and that company will try to negotiate.
    • Because Lucid will likely tell the body shop to start the work (like they did with me), the body shop will have you sign the form, and in doing so, you'll be on the hook for fees anyway (under whatever terms Lucid agreed to on your behalf). So, when you sign, put a little note "for Lucid Motors, due to trans port damage", tying it back to the event.
  • If you had ANY customizations done, that now have to be re-done because of the damage, they're legally on the hook for that too, despite what you're told by the negotiating insurance company.
    • Example: I had PPF and Vinyl, but it was 2.5 years into it's 5 year lifespan, so I was making them replace all the PPF, because I wasn't going to allow the damage their carrier caused, force me into being without my car for a day to have half the PPF redone every 2.5 years (one half, then the other half). They were on the hook to "make it whole", and "whole" was a synchronized maintenance cycle. (in my case, they initially declined, and that's what started a storm where I then identified every legal remedy available to me under the law and told them they were responsible for it, all because they were fighting over a few thousand dollars - that seriously backfired).
  • If your car left your state, it now hits interstate transport laws (specifically, the Interstate Commerce Act), and some additional action directly to the carrier are possible through this, but make no mistake, your contract for transport was with Lucid, and so your direct action is with Lucid. They, in turn, can go after the transport company they selected to recoup their losses (and that company, in turn, can go after the sub-contractor), but overall, your Privity of Contract is solely with Lucid.
    • That being said, when the insurance ultimately tries to pay out, they're going to want you to sign a release, and that release will inevitably attempt to release far more liability than they're paying on. Don't fall for that. An example. One condition in mine was that if we ever discover anything in the future that was overlooked but part of the original damage, not only could I not go after them, but if anyone else went after then, I'd have to actively defend them with that party in open court. To put that into context: A year later, we discover that a widget was damaged and caused a coolant line to rub, eventually leaking, and it's discovered that was part of the original damage. Again, original contract being with Lucid, you go after them for the fix, and they attempt to go after the carrier's insurance to reclaim costs (totally in their right to do, because they didn't sign the waiver, I did). But now, I have to go to court and testify on behalf of why the insurance company shouldn't have to pay Lucid back (even though I don't agree with that at all). There were several other unrealistic absurdities as well, but overall, what they were asking in their waiver, was far greater than what they were paying out. And I still contend that, the structure of that waiver (due to the relationship dynamics) wasn't quite right anyway - my lawyer agreed.
  • If the loaner is of a lesser trim level than your vehicle, then you're entitled to that cost difference per day. If you end up with an Enterprise loaner instead of a Lucid loaner, then that's even more back per day, because that's wholly inferior.
    • If you get an ICE vehicle, keep your fuel receipts, as you lost access to your free charging plan while they were repairing, and you're entitled to that too.
  • Now the fun ones... Your car has now had major damage that will likely cost somewhere between 20-30k, if it didn't trash the windshield (for me, they were going about 45mph, so it wasn't enough to slap the glass). It's major repair, and I was without my car for 5 months, and I still don't have the PPF/Vinyl, which means it'll need to be fully detailed before that gets done. Expect a similar timeframe. For me, the body shop was 2.5 hours away.
    • Warranty Erosion (lack of time with your vehicle to be able to identify additional warrantied items before the clock runs out)
    • Diminished Value
    • Consequential damages
  • Breach of Bailment Duties
  • In my case, they refused to pay for the release of my car, and threatened a deadline on picking up the loaner, which then opened up:
    • Breach of Implied Covenant of Good Faith and Fair Dealing
    • Conversion
    • And, because I had to pay for the repairs myself, they're not only responsible to pay me back those expenses, but any lost growth/interest from that money no longer being in my possession.
As you can see, there's a lot of moving parts to this, when something like this happens. For me, it was all about how they chose to handle it. They handled it very poorly, and as I'd bring valid points up (or calling out discrepancies in what I was being told), they'd just double-down on them, ultimately leaving us at a standstill.

Lucid will be able to get the telemetry and be able to see every minute, the speed, and when the FOB was clicked. You have a right to contact the service center and demand they contact the carrier and demand photos immediately. If they texted you at some point to coordinate pickup, you can text that number and demand pics be sent. But, if they're stalling, I'd lay the hammer down on that crap immediately, because that's the transport carrier trying to find a sleazy way to minimize the damage for pics or for a claim, and you really don't want that. You want your car in your driveway immediately, and they can sort it all out later. The longer they have your car, the longer then can potentially do cosmetic-only things to it to mask the true extent of the damage. Take periodic screenshots of it's location/mileage in the app too, just so you have periodic reference of where they have it.

But, hopefully the above gives you some things to look out for, or if it goes south, some things to chat with your legal counsel about, to ensure all your rights are covered.

In short, watch your ass, because they're going to be friendly and nice at first, but the moment you push back, it's likely going to turn.
 
Sailthor said:
They don’t have a loaner available when they brought my car in for the initial issue, but did rent me a car. I still have that car (BMW 740i) and only complaint is having to pay for gas. Did ask that when a Lucid loaner comes available that i would love to get that and give back the rental. Probably would save them some money too.
Click to expand...
Whenever they don't have a Lucid loaner for me, I either request an EV rental (so I can use my home charger), or if it's an ICE, I keep those records and make them pay back. You have complimentary charging that you don't get to use while your car is gone - that was one of the selling points, and you're being inconvenienced by not having your car, so I submit those for reimbursement (and you should too).
 
kristiandg said:
Yeah, so a trick I now do. First, disabling the Shock/Tilt is useless because every time the FOB gets in range (which is all the time on an open transport), it seems to reenable (rather than every time the door actually opens - that's just stupid/obvious/bad programming/code). So, to combat that, I set it to Push Notification only, that way I'll get the annoying alerts, but the driver won't see any indication (thus, not relying on the driver to think before clicking - which is always a risky proposition).

Lucid really needs to get on this, because this is just stupid software design. We're talking 10, maybe 15 lines of code to virtually eliminate this. The app is fully aware the car "may be being towed" - I'm sorry, when in that state, hood/trunk remote controls should be disabled. That's just a costly lack of common sense.

Now, some advice... They still haven't paid for my damage, and when it was attempted to be brought forward to their legal department, the legal department operated in such an unprofessional manner, they didn't respond to the request for arbitration - instead, they simply sent it to the same customer service D "head" I had been working with. Not exactly a great look for what's coming next, but hey, that's the look they're going for I guess (what did banks think about 15 years ago.... "too big to fail"...)...

So, here's what all I've learned since this happened to me (and hopefully it can shortcut some things for you)....
  • My initial instincts (way above in this thread) were correct: Unless you want to risk your insurance premiums going up, I wouldn't recommend going through your insurance. And if you don't go through them from the onset, they won't be helping you at all (their legal departments are only for recovering their money, not yours).
  • Second, your transport/service contract was with Lucid Motors. You had no involvement in the selection of the primary transport contractor, or the eventual sub-contractor they will hire.
    • This means, you are thrice removed from who ultimately caused the damage. This will be important, so remember that.
  • Lucid may start the process with the body shop, but ultimately they'll hand it over to the insurance company for the sub-contracted transport carrier, and that company will try to negotiate.
    • Because Lucid will likely tell the body shop to start the work (like they did with me), the body shop will have you sign the form, and in doing so, you'll be on the hook for fees anyway (under whatever terms Lucid agreed to on your behalf). So, when you sign, put a little note "for Lucid Motors, due to trans port damage", tying it back to the event.
  • If you had ANY customizations done, that now have to be re-done because of the damage, they're legally on the hook for that too, despite what you're told by the negotiating insurance company.
    • Example: I had PPF and Vinyl, but it was 2.5 years into it's 5 year lifespan, so I was making them replace all the PPF, because I wasn't going to allow the damage their carrier caused, force me into being without my car for a day to have half the PPF redone every 2.5 years (one half, then the other half). They were on the hook to "make it whole", and "whole" was a synchronized maintenance cycle. (in my case, they initially declined, and that's what started a storm where I then identified every legal remedy available to me under the law and told them they were responsible for it, all because they were fighting over a few thousand dollars - that seriously backfired).
  • If your car left your state, it now hits interstate transport laws (specifically, the Interstate Commerce Act), and some additional action directly to the carrier are possible through this, but make no mistake, your contract for transport was with Lucid, and so your direct action is with Lucid. They, in turn, can go after the transport company they selected to recoup their losses (and that company, in turn, can go after the sub-contractor), but overall, your Privity of Contract is solely with Lucid.
    • That being said, when the insurance ultimately tries to pay out, they're going to want you to sign a release, and that release will inevitably attempt to release far more liability than they're paying on. Don't fall for that. An example. One condition in mine was that if we ever discover anything in the future that was overlooked but part of the original damage, not only could I not go after them, but if anyone else went after then, I'd have to actively defend them with that party in open court. To put that into context: A year later, we discover that a widget was damaged and caused a coolant line to rub, eventually leaking, and it's discovered that was part of the original damage. Again, original contract being with Lucid, you go after them for the fix, and they attempt to go after the carrier's insurance to reclaim costs (totally in their right to do, because they didn't sign the waiver, I did). But now, I have to go to court and testify on behalf of why the insurance company shouldn't have to pay Lucid back (even though I don't agree with that at all). There were several other unrealistic absurdities as well, but overall, what they were asking in their waiver, was far greater than what they were paying out. And I still contend that, the structure of that waiver (due to the relationship dynamics) wasn't quite right anyway - my lawyer agreed.
  • If the loaner is of a lesser trim level than your vehicle, then you're entitled to that cost difference per day. If you end up with an Enterprise loaner instead of a Lucid loaner, then that's even more back per day, because that's wholly inferior.
    • If you get an ICE vehicle, keep your fuel receipts, as you lost access to your free charging plan while they were repairing, and you're entitled to that too.
  • Now the fun ones... Your car has now had major damage that will likely cost somewhere between 20-30k, if it didn't trash the windshield (for me, they were going about 45mph, so it wasn't enough to slap the glass). It's major repair, and I was without my car for 5 months, and I still don't have the PPF/Vinyl, which means it'll need to be fully detailed before that gets done. Expect a similar timeframe. For me, the body shop was 2.5 hours away.
    • Warranty Erosion (lack of time with your vehicle to be able to identify additional warrantied items before the clock runs out)
    • Diminished Value
    • Consequential damages
  • Breach of Bailment Duties
  • In my case, they refused to pay for the release of my car, and threatened a deadline on picking up the loaner, which then opened up:
    • Breach of Implied Covenant of Good Faith and Fair Dealing
    • Conversion
    • And, because I had to pay for the repairs myself, they're not only responsible to pay me back those expenses, but any lost growth/interest from that money no longer being in my possession.
As you can see, there's a lot of moving parts to this, when something like this happens. For me, it was all about how they chose to handle it. They handled it very poorly, and as I'd bring valid points up (or calling out discrepancies in what I was being told), they'd just double-down on them, ultimately leaving us at a standstill.

Lucid will be able to get the telemetry and be able to see every minute, the speed, and when the FOB was clicked. You have a right to contact the service center and demand they contact the carrier and demand photos immediately. If they texted you at some point to coordinate pickup, you can text that number and demand pics be sent. But, if they're stalling, I'd lay the hammer down on that crap immediately, because that's the transport carrier trying to find a sleazy way to minimize the damage for pics or for a claim, and you really don't want that. You want your car in your driveway immediately, and they can sort it all out later. The longer they have your car, the longer then can potentially do cosmetic-only things to it to mask the true extent of the damage. Take periodic screenshots of it's location/mileage in the app too, just so you have periodic reference of where they have it.

But, hopefully the above gives you some things to look out for, or if it goes south, some things to chat with your legal counsel about, to ensure all your rights are covered.

In short, watch your ass, because they're going to be friendly and nice at first, but the moment you push back, it's likely going to turn.
Click to expand...
I am so sorry you had to and are still going through this hell. I am hoping my situation turns out a lot different than yours, but your information is invaluable to me. I will certainly be taking your advice and keeping a close eye out. I never intended to sign anything, as you stated my transportation is via Lucid. In my opinion the fight is between Lucid and the carrier to make things whole. I have already asked about diminished value of my lease.
 
Not arguing with anything you said (and thank you for the detailed write up of your experience!!!) but, one question and a comment…

kristiandg said:
My initial instincts (way above in this thread) were correct: Unless you want to risk your insurance premiums going up, I wouldn't recommend going through your insurance. And if you don't go through them from the onset, they won't be helping you at all (their legal departments are only for recovering their money, not yours).
Click to expand...
Please elaborate; it is my understanding that not-at-fault accidents, especially when you aren’t present, do not raise your premiums (it is possible it is state-based, though).

Can you clarify or provide a source for this?

kristiandg said:
If you had ANY customizations done, that now have to be re-done because of the damage, they're legally on the hook for that too, despite what you're told by the negotiating insurance company.
Click to expand...
That’s true, unless it is a radar/laser detector - again, depending on the state. CA, for example, will not replace that, but many folks get away with it anyway by calling them “parking sensors” or similar.

But in general, you’re completely right.
 
borski said:
Not arguing with anything you said (and thank you for the detailed write up of your experience!!!) but, one question and a comment…


Please elaborate; it is my understanding that not-at-fault accidents, especially when you aren’t present, do not raise your premiums (it is possible it is state-based, though).

Can you clarify or provide a source for this?


That’s true, unless it is a radar/laser detector - again, depending on the state. CA, for example, will not replace that, but many folks get away with it anyway by calling them “parking sensors” or similar.

But in general, you’re completely right.
Click to expand...
Oh yeah - I should have mentioned - I’m in Ohio, so the local laws in play above were all based on Ohio (and really just to get folks thinking about their particular states’ remedies that may be available to them). Lease possibly complicates that a bit more, so that’ll be interesting. Please keep this thread updated with your experiences (or your own thread if you like) - shared information is power. :)

In terms of insurance, I’ve heard that too (no fault doesn’t affect premiums directly), but as a business owner, when a legal department has to focus on items that aren’t at their core business, there’s a cost of doing that business and indirectly can have a ripple effect into premiums for the company. Or, maybe next time you have an “industry wide” increase, you end up with a little extra. There’s no easy way to peel that off to really determine if it’s been buried in there, so in general, I try to keep them to their core business activities on my account and give them as few reasons as possible to increase. That’s certainly a route you can go as long as you do so from the beginning. I knew it could potentially tie my hands a little with an additional negotiating party in the mix.
 
Sailthor said:
I am so sorry you had to and are still going through this hell. I am hoping my situation turns out a lot different than yours, but your information is invaluable to me. I will certainly be taking your advice and keeping a close eye out. I never intended to sign anything, as you stated my transportation is via Lucid. In my opinion the fight is between Lucid and the carrier to make things whole. I have already asked about diminished value of my lease.
Click to expand...
That was precisely my stance as well. I understood that if insurance was going to pay out something, that they’d need something signed by the owner of the vehicle - but the expectation of something so overarching and that was the only element Lucid seemed to care about, was quite surprising.

I seriously hope they’ve changed their ways. Since then (this was last October when the bill was due), and that your experience is nothing like mine (fingers crossed).
 
I just received this email today. The Gravity was being delivered to MA from AZ, I believe. We have not taken delivery of the car yet. I'm not happy about this but pleased that they did inform me.

-------

I wanted to reach out right away with an important update regarding your Lucid Gravity. Unfortunately, the vehicle was damaged during transport. At this moment, we don’t yet know the full extent of the damage, but I wanted to make you aware as soon as possible.

We are currently waiting to hear back from both the transporter and our service department. They will determine the specifics of the damage and whether it can be repaired to Lucid’s high delivery standards, or if we will need to secure a replacement vehicle for you.

For now, we are in a holding position while we gather more information. I will keep you updated as soon as we learn more.

Please don’t hesitate to reach out if you have any questions in the meantime.
 
Highnelly said:
I just received this email today. The Gravity was being delivered to MA from AZ, I believe. We have not taken delivery of the car yet. I'm not happy about this but pleased that they did inform me.

-------

I wanted to reach out right away with an important update regarding your Lucid Gravity. Unfortunately, the vehicle was damaged during transport. At this moment, we don’t yet know the full extent of the damage, but I wanted to make you aware as soon as possible.

We are currently waiting to hear back from both the transporter and our service department. They will determine the specifics of the damage and whether it can be repaired to Lucid’s high delivery standards, or if we will need to secure a replacement vehicle for you.

For now, we are in a holding position while we gather more information. I will keep you updated as soon as we learn more.

Please don’t hesitate to reach out if you have any questions in the meantime.
Click to expand...
Not a good situation but I am glad the Lucid is proactively letting you that something happened.
 
So, being “delivery” for a new purchase, you should demand a replacement and not screw around with repair. I can tell you from first hand experience, it’s never the same if the damage is extensive (mine was just a hood, and I’m fighting recurring wind noise now, that I never had before - like it keeps shifting loose). Not only because you shouldn’t have to wait months for the repair to complete (I waited 6), but because out of the gate you’ll have damage that diminishes value and quality with no frame of reference for what “normal” is.

Let them deal with it on their time and on the discount market - it’s not your problem (especially for what you paid) and shouldn’t be made to be.
 
Highnelly said:
I just received this email today. The Gravity was being delivered to MA from AZ, I believe. We have not taken delivery of the car yet. I'm not happy about this but pleased that they did inform me.

-------

I wanted to reach out right away with an important update regarding your Lucid Gravity. Unfortunately, the vehicle was damaged during transport. At this moment, we don’t yet know the full extent of the damage, but I wanted to make you aware as soon as possible.

We are currently waiting to hear back from both the transporter and our service department. They will determine the specifics of the damage and whether it can be repaired to Lucid’s high delivery standards, or if we will need to secure a replacement vehicle for you.

For now, we are in a holding position while we gather more information. I will keep you updated as soon as we learn more.

Please don’t hesitate to reach out if you have any questions in the meantime.
Click to expand...
Wow sorry to hear this. It has to be super disappointing.
 
kristiandg said:
In short, watch your ass, because they're going to be friendly and nice at first, but the moment you push back, it's likely going to turn.
Click to expand...

Hello. Your story really got next to me. I feel for you. Your story is beyond. What is it beyond? It is beyond anything I have experienced from an automaker, or heard of an automaker doing to a customer.

I say this as someone who has it on good authority from a friend in the business that any automaker (with the possible exception of GM) will throw a customer under the bus when it thinks it will benefit and can get away with it. And as someone who has been thrown under the bus by BMW, VW and Hyundai (badly by BMW, particularly).

Also it is beyond my ability to imagine it being worth me risking such treatment by Lucid. I mean, all they had to do was give you a new car to replace the one they destroyed. But instead they chose pettiness, unprofessionalism and malice as a solution, risking reputational damage and liability far exceeding the cost of the car to them, and guaranteeing your estrangement from them. Awesome.

So I wish you good luck in this matter; and I will take my chances with some other automaker.
 
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