Okay, latest update: I now have one small victory. Did I mention that while the vehicle was being towed from one shop to the other, the tow truck company lowered the rear of the car off the ramp, got out and raised the ramp and removed the hooks off the front of the car, forgot to lower the ramp, then dropped the front end off the ramp as the front tires rolled off….?

The driver was nice enough offer to sand the scratches, then get matching spray paint. Anyways, the damage included part of the front right ¼ panel that had the very bottom edge (where it meets the top of the bumper) of it rolled enough to crack the paint. Total was $1800+. He driver didn’t want to pay, it went to small claims court and I now have a judgment in my favor for $1900 after presenting solid documentation that the other guy could not respond to. People these days, no one wants to be responsible for their actions…

 

My05,

I hope you are ONLY having this kind of luck with your car! Getting the judgement is nice, but having the car towed without damage is much better...

I just hope the rest of this nightmare works out for you.

 

Judgements are nice - getting cash from the guy is even better.

Are you using a lawyer? Sure hope so - you have too much at stake here not to.

 

Sorry to hear about all the bad luck. Reminds me of a former buddy of mine who brought a brand new '95 Impala SS. Totally babied this thing. On the rare occassions he actually drove it, he had: a large sheet of glass fall off a truck in front of him on the expressway and the shattered glass chipped the hell out of the fron end, a rock cracked the windshield, and finally somebody (with no insurance or course) hit the rear quarter panel in a parking lot. To top it all off, the repair shop botched the paint job on the quarter panel and left all kinds of grease and dirt on the seats and carpet. All this in a 6 month span. Ended up selling the car and driving an '87 Cavalier.

 

Any new updates? I've been following this story, wondering what (if anything) has happened.

 

Hello everyone. I just had some more positive news on my side today. The transmission was disassembled by Ford. Previously the shopowner was claiming that the transmission must have locked up and caused the damage. Well it was taken apart and surprisingly, there is no damage other than the bent output shaft. So that rules out damage caused by the transmission or the rear end and leaves it at vibration damage caused by the driveshaft.

Next B.A.R. is going to be contacting the shop owner to discuss the findings. So we'll see where it goes next week as we move along slowly... but surely in my favor....

 

Man... been following this from the start and just can't believe what you're going through because of obvious incompetence from this shop. First, you could have been killed or seriously injured due to loss of control... second, you've been without your car for 3 months and third, the stress and amount of time you have to take to fight them.
I talked to a friend of mine who's an attorney and he said that the shop should have cut you a check long ago, even if out of their own pockets, just to get the case off their back. He thinks there is a great case for gross negligence, loss of use of your vehicle on top of the damage claim, emotional stress and all attorneys fees you have to pay out of pocket.
This could end up costing them a lot more than 18K... a LOT more. And most insurance companies won't cover a client if there is gross negligence involved, which seems to be the case here... not to mention FRAUD as they knew it was a steel shaft and not aluminum.
I hope you really end up sticking it to them, because they deserve it... good luck, and keep us all posted, as this could happen to any one of us.

 

Yeah, the shop probably didn't cut a check, because he can't afford it....which means he can't afford to be in business in the first place. If I was a betting man, I'd bet that this case will shut him down. Deservedly so!

 

Which begs the question, will you be able to get any thing to recover your lost. This shop owner better be prepared to lose his home.

 

Sue!!

 

That is some good info and it sounds better than what I've been told. From the legal advisors I've been talking with they have been telling me that I can only be paid what it takes to "make you whole" and cover your costs, but that you cannot collect for stress, loss of use of the car, or the time spent on this. I feel this is BS and that info is coming from prepaid legal advisors. Can they be that far off as to not know that I should be able to collect for those issues??? My thoughts are that companies cannot be allowed to make such major installation errors and fraudulently sell parts, then after several months of disputing simply say okay I'll cover the costs afterall. Then not be held responsible for the BS and potential danger that could have happened.

I've noticed that according to the CA Business websites it doesn't look as if his business is an LLC or c-corp, giving the impression that he could be running it as a sole-prop business. That can't be good for him... I appreciate the support, thanks,
LM

 

<<<< From the legal advisors I've been talking with they have been telling me that I can only be paid what it takes to "make you whole" and cover your costs, but that you cannot collect for stress, loss of use of the car, or the time spent on this >>>

Talked to my friend again and mentioned what your "legal advisors" said... Here is what he told me. First, he said what someone else had mentioned earlier, and that is keep records of EVERYTHING ! Even keep a log of the time you've spent writing letters, phone calls, going to the shop, etc, especially if you had to miss work to do so.
He said that it is pretty hard to collect for stress, but if you've gotten ill from this, and missed work due to it and the Dr. has a record of a visit or visits due to this stress, you may be able to collect. This is where a decent attorney comes in, and the costs for an attorney can be included in the judgement.
Finally, "making you whole" and "covering your costs" can encompasses a lot of subjective interpretations as to just what that is (don't you just love our law system?) Have you had to rent a car or pay for transportation in any way? That would be covered... did you have to borrow someones car and reimburse them? That would be covered... and I believe someone else mentioned that even if the car is fixed completely, the resale value would not be the same as a car that was never damaged, that difference in value can be collected, as it would be part of "making you whole". Hope this helps a little, it is sad that it takes this much time and effort to "be made whole" ...

 

it is sad that it takes this much time and effort to "be made whole" ...



AMEN

 

Hey Steve, I really appreciate you checking into info like this, thanks. And so far I do have exceptional notes (minus the specifics to time spent on calls, letters, etc.) but in terms of everything else, I provided B.A.R. with a 69-page binder documenting the incident including my documentation. I'm going to have to make sure the "being made whole" part is covered thoroughly when it comes time to a settlement.

It's good being on the right side of a problem like this. It would be nice however it people owned up to their mistakes....

 

Where being compensated for 'stress' and other intangible losses comes into play is primariy during a jury trial to settle the lawsuit. Juries can and often do award punitive damages on top of actual damages, especially when an intangible amount of "loss of use and suffering" can be determined to exist but not able to actually be calculated.

Hold your ground and if need be, get a good litagation specialist, not just a prepaid legal advisor. You need a shark in your corner and an attorney who has the history and ability to drag the shop and its insurance company through the court system will be worth every penny he/she costs you!

Good luck! My advice? Go get a SHARK for an attorney!

 

I really feel for you, but unless I am missing something it sounds like you have not engaged an attorney; and that you are attempting to do this yourself.

You need to remember, it will not end up being what is right and what is wrong - or what is fair. It will all be about the guy [as in lawyer] that screams the loudest and makes the most threats. In fact, a good lawyer will attempt to get you some settlement out of this thing so you can go on with your life.

You should be able to check this out with the Secretary of State's office, possibly even on-line. Unfortunately if it is true, it will most likely be worse for you. If he is a sole proprietorship, he probably has very little financial resources. A win for you might end up being nothing more than a fancy piece of paper [legal judgment] that will about as valuable as a box of Kleenex.

 

Hey mail906,

You're right, so far I have let the BBB and B.A.R. go through their process to see if their work and pressure will be enough to begin the settlement process. In addition to that, their work and findings can be used when it is time to move forward. I have not been in contact with the shop owner at all, BAR and the BBB have been. So far the prepaid people have suggested letting them go through their process, then we'll have that info to include in our approach.

The shop owner must have insurance, I don't see anyone doing work on cars without insurance for coverage. I'll be finding out info from BAR today hopefully. Once I hear from them I'll begin checking into lawyers. But I don't intend to do this portion of the process alone.

Thank you very much for the observations, mistakes can be costly and we all need to make sure we do things the right way. Many ideas have been brought up here and this is a valuable process for future reference for many. And please, if you have any additional suggestions keep them coming...

Thanks

 

he wouldnt have the shop without insurance unless he didnt need a loan to start up (very unlikly). The bank needs to protect themselves

 

You are right, mistakes CAN be costly. In my humble opinion (and PLEASE don't take this the wrong way) you are making the costly mistake by NOT having a lawyer.

Again, I'm not putting you down or flaming you - I just think that being without a lawyer you are taking a knife to a gunfight.

 

I read through this thread and I'm still amazed that you have not got an attorney working for YOU - staying on top of this case and getting you taken care.
The BBB and the B.A.R. I'm sorry to say are not working for you. They are involved because a potential law was broken and fraud may have been involved.
Go talk to an attorney, Get someone working on YOUR side.
This has been going on for way to long and should been settle monhs ago.

Sorry but thats my two cents worth.
Kennymustang