Latest update is that once the shopowner received a letter from my attorney informing them that a lawsuit would be filed shortly (now that the B.A.R. concluded their investigation) he finally opened a claim with his insurance company and they have begun their process.

His insurance company has since sent out a failure analysis engineer who looked at the carnage in detail and so far the driveshaft is looking like it is the problem (obvious I know, but ruling out the transmission an engine as the initial source is quite critical for me). So next the insurance company will get a report back next week informing them of the findings. Then, hopefully we'll begin the process to take care of my car one way or another!

 

looks like there may be an end in sight, i will be glad to see you get justice.. i've followed this story hoping and waiting for you to post good news.

 

Good luck. I for one certainly know about the headaches and PIA of having to sue crooked vendors and it's not fun, I know...

If nothing else, thanks for a great thread to illustrate why EVERYONE should fork over the small price of a Safety loop. Worth it's weight in gold IMO.

 

that is why i am going to buy a front and rear saftey loop, i would rather have the DS spinning inside the loops instead of being masacared on the black top

 

I just read the whole thread, I would get reimbursed for having to pay for a rental car. You might even consider charging them for emotional damage (having to deal with not having a car, the stress of paying both your car payment and for your rental car, and of course for the safety and well-being of you and especially your daughter (which was threatened)).

Just something to ponder.

And I think you handled this well.

 

Im glad the light at the end of the tunnel is somewhat visible now. Just hang tight.

 

Thanks everyone, I appreciate the support!

I think the lesson learned here is to get everything in writing and use email to document when and what you sent the shop owner to notify them of an issue as soon as you notice a problem. I also called him from my cell phone the moment I experienced the dangerous vibrations the first time out (then emailed him and brought him the car the next morning). So having the email (and his read receipt) and my cell phone bill showing my call to him really begins to establish me having done everything I could have to have notified him of a problem which he neglected to take seriously. Put your problem in writing, their responses (while not thinking ahead long-term) will be beneficial later, not just what they said, but also what they neglected to state.

PS: File a complaint with the Better Business Bureau, make them respond or later explain why they refused to respond. Then file a complaint with the Bureau of Automotive Repair and let them carry out their investigation. But everything you have in writing from the beginning strengthens your position because chances are they do not have much more than an invoice. Your documentation adds credibility with everyone investigating the issue rather than just your recollection of a verbal conversation.

PS I also noted earlier that one of the tow truck drivers that transported my Mustang dropped the front end off the ramp and smacked the front end on it. When it came time to signing the invoice I told the guy that I had to note what happened on the invoice before signing. I did, he later tried to say it had been lowered, I won the small claims court based on my documentation, and received payment for the damages.

Put everything in writing....!

 

So where are you now with this whole ordeal? Been away from these forums a long time myself , was cruisin around and ran across this thread. It's been a long time since the first post. I know I'd be totally distraught if this happened to me. Keep us updated , rootin for ya.

 

Hey everyone, just wanted to post an update. So far, I collected on my $1,900 judgement from the tow truck company that dropped my front end off the ramp (had to go to small claims court and win the initial hearing and then again for the appeal).

Anyways, on the car itself: a claim had been opened finally, days before we were ready to file a lawsuit. Since then a failure analysis engineer was sent out, and basically found that the driveshaft was the problem (big surprise). So at this point the report should be back to the insurance company and hopefully over to an adjuster to begin the repair process...... So it's been moving along and hopefully within a week or so I'll have my car out of my garage and on the way to something good.....

Anyways, I'll post again when I get something solid.... thanks!

 

Good to hear.

 

Progress...finally!! Glad to hear it!

 

My05, I feel for you bro. I`m currently going through a similar legal process. Although the situation is totally different. I`ll put in my .02 worth if you don`t mind.

First, there are three different ways to approach this issue. All three should be handled at the same time. First is using the BAR, BBB, and any other consumer protection agencies. They will do a ton of research, investigations and paper work all for free. All this documentation from the investigations can later be used in civil court by your personal attorney and your insurance company. This is frustrating as hell. Waiting while all the red tape unravels. Just be patient. You need that documentation and there`s no reason to pay an attorney to do it, if the BAR, BBB, etc. will do it for free.

Second. Use your insurance company to put pressure on the business owner and their insurer. Any way you can pressure the guy will work to your advantage. You do not want your insurance to pay a dime, but they will pressure the business and their insurer as it is in their interest also.

Thirdly. Get a personal attorney. No matter what legal advice you are getting elsewhere, just do it. Use the California Bar associations listing to find a personal losses, business fraud or civil litigations specialist. Any attorney you contact will first want all the info so they can decide if the case is win-able and will pay off. If it looks good, you should be able to get legal representation with absolutely no money out of your pocket. The attorney only collects if you win. In that case they will take a predetermened percentage of the settlement. This attorney will co-ordinate everything for you. They will fight for the biggest settlement possible because the more you get, the more they get. It`s a win-win situation.

Just as an example. I`m starting a civil suit against the company I work for. I`m out of work due to a work related injury. While I was waiting on my surgery, I was assaulted by my manager. Initially my attorney was handling my worker`s comp claim. Now he will also handle this other issue. Last Friday he brought in a specialist who does nothing but employment based suits. He will actually handle the suit. These guys are pros. They know what they can do and what they can`t. My attorney felt I needed a specialist so he brought him in. That`s the kind of legal service you need. Free legal aid will not do that. They have nothing invested and will only work so hard for you. That`s unfortunate, but is the bottom line. And the truth.

Good luck bro. Fight the good fight. Just be straight up in everything you do and God will handle the rest.

Eric

 

Way to go Eric, those steps are exactly the ones I took and it has been paying off. So far it has been 6 months, but I'm in no hurry on such a large issue. The stuff noted by the BBB and BAR are quite useful. Especially when they inadvertantly give more info than they should have to someone like the BBB, then the BBB turns around and sends you their reply!

And BAR also took their time and has valuable info that can be used if it goes to a lawsuit. I also have an attorney waiting if necessary. And you're right, do things the right way and everything will fall in place as it should!

Anyways, good luck on your situation, this is a good reminder for the way to handle situations like these. Use the BBB and BAR and prtect yourself!

LM

 

Good luck bro. I`m waiting on my worker`s comp settlement to buy my Mustang, but I could imagine how hurt you were to see all the damage to your car. That had to be heartbreaking to say the least. And the process moves sooo slow when looking for a settlement. Sounds like you have a firm hold on the situation. In the end, that will probably help more than anything.

Eric

 

Good to here that a-hole finally got his insurance involved. Good luck, hopefully you get what you deserve, how many months of compensation do they owe you now?

 

Whoa, this is gotta be a load on your mind. Let's hope it all works out in the final outcome.

 

Okay everyone, I really want to thank everyone for the support and helpful info. As expected the "intelligent" shop owner was found to be at fault and my '06 will be totaled by his insurance. So hopefully I'll be shopping around soon enough for my next one! Nothing like the smell of a new car....


PS: In the upcoming days I'll get some of their handy work uploaded for all to see what I've been sitting on for the last 6 months!


To Jeff Jones at Jaws Gear & Axle, the shop who performed the work that his insurance, the failure analysis engineers, the BBB, and B.A.R. investigators found to be, let's say "questionable", how can I thank you enough. Without your level of competence, or your "oversight" (:cough: :cough: it's not aluminum :cough: :cough: ) I would not be shopping.


Anyone know where I can get some rear end gears installed???

 

Good to hear the final out come was in your favor. Enjoy your new car ...

 

good to hear it's working out finally, I have been following this thread and was amazed at the negligence displayed by that shop owner.

 

Great news! I guess we'll see your new car soon.