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-   -   My car was crashed (http://www.the370z.com/40th-anniversary-370z/94824-my-car-crashed.html)

My40thZ 08-11-2014 11:35 AM

Police report says 50 in a 35 in rain illegally changed lanes. Witness says everything. Says the operator was taking my car for a joy ride.

DEpointfive0 08-11-2014 11:39 AM

Quote:

Originally Posted by My40thZ (Post 2926880)
Police report says 50 in a 35 in rain illegally changed lanes. Witness says everything. Says the operator was taking my car for a joy ride.

Fuck... Sorry... At least there were witnesses who stuck around...

Time to lawyer up brother

My40thZ 08-11-2014 11:40 AM

He attempted to pas a car by going into the on coming traffic lane and speeding pass them.

tturbo370z 08-11-2014 12:12 PM

:eek: Wow I am truelly sorry to see this bro. I hope it all works out for you in the end. This is the main reason I am scared to take my car to the bodyshop and get it painted. It only takes one shop retard and my 800hp car to equal me totally screwed beyond what insurance will cover and I'm insured as high as I can go with $25k extra insurance. This just proves I'm not paranoid as everyone tells me I am. Good luck op

theDreamer 08-11-2014 12:22 PM

Quote:

Originally Posted by My40thZ (Post 2926880)
Police report says 50 in a 35 in rain illegally changed lanes. Witness says everything. Says the operator was taking my car for a joy ride.

:eek:
Has the shop made any statement to you, about buying you a new car or anything? Or even why they were out driving your car at all.

karotZ 08-11-2014 12:35 PM

OP, do not accept a repair offer. Like the others stated, your vehicle's title is now salvaged. You are lucky to even get 30% of the cost of the vehicle if you decide to sell it.

Limeybastard 08-11-2014 12:39 PM

Hey, we dont trust others to drive our cars. You know what nor do main car dealers. They dont even let the mechs use their cars on the lot for errands, they use our cars to do their errands , its called the "test drive".

I'd sooner damage my own car while working on it than allowing someone else to touch it. Shame really, as finding a trustworthy independant mechanic is not easy. Took me around 10 years to find one back in UK.

MacCool 08-11-2014 04:41 PM

Quote:

Originally Posted by My40thZ (Post 2926789)
Sorry if my story had gaps I've been really upset.

Man, I can only imagine. I would have to be physically restrained.

thompsontechs 08-12-2014 08:37 AM

Ya, there isn't any fixing a total loss, it would never be the way it was nor would I accept a salvage title vehicle that was new before the wreck.

As others have said, I don't care what the shop says, you need to lawyer up and do it now if you haven't already. Time without your baby and mental anguish is worth more than the value of the car and you aren't going to see that money unless you get a lawyer.

enkei2k 08-12-2014 12:15 PM

Quote:

Originally Posted by My40thZ (Post 2926887)
He attempted to pas a car by going into the on coming traffic lane and speeding pass them.

:wtf2:

I'm tearing up just reading about this poor Z.

My40thZ 08-12-2014 04:23 PM

Just met with a lawyer who explained that Florida has a no fault stature that pretty much states as long as i have insurance that covers the damage cause you don't have much you can sue for. He explained unless the value of the car is worth more than it's original price and an expert witness can the value of the vehicle I won't get more than what an insurance company is willing to pay. 30k is what my car is worth I owe 14k to my loan so I guess I will have 15k to put towards a new vehicle. But that's only if my car is totaled by insurance which that decision is still not made. Looks like I'm screwed.

Mitco39 08-12-2014 04:26 PM

Quote:

Originally Posted by My40thZ (Post 2928653)
Just met with a lawyer who explained that Florida has a no fault stature that pretty much states as long as i have insurance that covers the damage cause you don't have much you can sue for. He explained unless the value of the car is worth more than it's original price and an expert witness can the value of the vehicle I won't get more than what an insurance company is willing to pay. 30k is what my car is worth I owe 14k to my loan so I guess I will have 15k to put towards a new vehicle. But that's only if my car is totaled by insurance which that decision is still not made. Looks like I'm screwed.

:confused: So you have to file a claim with your insurance company and are left paying higher deductibles because a shop decided to let one of its yahoo's drive the car?

If thats the case Florida sucks.

Couldnt you technically go take a rental for a joyride and crash it then just leave and let them worry about it? They couldn't sue you for any damages?

wheee! 08-12-2014 04:32 PM

wow.... just, wow.... :icon14:

6MT-Z34 08-12-2014 04:38 PM

Damn....I would check with another layer there's probably something u can do

Ubetit 08-12-2014 04:38 PM

Quote:

Originally Posted by enkei2k (Post 2925221)
airbags deployed = automatic totalled / salvage title :(

Not true at all.

Each insurance company has a cost of repair against percentage of current value chart. Some insurers will repair at 70-80% of current value. Farmer's Insurance tried to repair my business partner's Cadillac with $22k of damage with a value of $29k. They only totaled it after I got involved

... and yes, Florida does suck for car insurance.

1flaguy 08-12-2014 04:43 PM

Where you getting the 30k number from? That seems high to me but who knows
You could certainly call BBB or blog the hell out of the business. It's just not right I would be so angry.

tjlazer 08-12-2014 05:56 PM

Really messed up what happened! Hope it gets totaled so you can get a new car. If they don't the car will never be the same and most autobody places do crap work! Especially in FWB! I use to live there, was stationed at Hurlburt Field. There are a lot of back woods idiots down there, I had issues with joy rides with my car when I was living there.

SwissCheese 08-12-2014 08:16 PM

Quote:

Originally Posted by 1flaguy (Post 2928681)
Where you getting the 30k number from? That seems high to me but who knows
You could certainly call BBB or blog the hell out of the business. It's just not right I would be so angry.

I'm sure you could also call a local News station. They'd probably eat that story up.

My40thZ 08-12-2014 08:43 PM

30k is what my car is worth being a 40th anniversary with zero flaws and under 24k miles. Factor in a few aftermarket parts. Plus or minus 4 or 5k more.

BeemaaZ 08-12-2014 08:45 PM

Quote:

Originally Posted by My40thZ (Post 2928653)
Just met with a lawyer who explained that Florida has a no fault stature that pretty much states as long as i have insurance that covers the damage cause you don't have much you can sue for. He explained unless the value of the car is worth more than it's original price and an expert witness can the value of the vehicle I won't get more than what an insurance company is willing to pay. 30k is what my car is worth I owe 14k to my loan so I guess I will have 15k to put towards a new vehicle. But that's only if my car is totaled by insurance which that decision is still not made. Looks like I'm screwed.


Get another lawyer. You should hire a good one :tup:

MJB 08-13-2014 12:09 AM

Quote:

Originally Posted by Ubetit (Post 2928673)
Not true at all.

Each insurance company has a cost of repair against percentage of current value chart. Some insurers will repair at 70-80% of current value. Farmer's Insurance tried to repair my business partner's Cadillac with $22k of damage with a value of $29k. They only totaled it after I got involved

... and yes, Florida does suck for car insurance.

Good point... I was wondering why everybody believes when an airbag deploys it automatically means your car is totaled?? Just google it and you'll see that isn't true. It doesn't take much for an airbag to go off.... If your car is worth 40k and there is only 10k dollars in damage with a deployed airbag, what route do you really think the insurance company is going to take?

Good luck with everything OP

My40thZ 08-13-2014 09:10 AM

Despite everything else this company needs to brought up on charges I am sure that they have recklessly driven other customers cars and it has finally cought up with them sadly it was my vehicle. What laws protect consumers. The services I paid for did no involve driving my car off their property more did I pay for my car to be pushed to is limits in the rain and crashed. If they fix this car and give it back to I now lose te value of this vehicle and by rights should be compensated. I've had TVs and furniture a broken by moving companies and not batted and eye. But this car was incredibly special to me. It's not right to have it taken away. I did two back to back combat deployments where my friends have be shot or killed I was shot in the shoulder and refused to leave the country. I stayed 8 more months after that to complete my mission. I bought this car as my return home some present. I was gone all of 2012 and some of 2013 I deployed again at the end of 2013 and just got back home. My car has been in te back of my mind. I have at total had three no consecutive months of owning this vehicle and the ability to drive it due to military training and volunteering to deploy. No some ******* business just takes it away from me and I'm unclear if I can even do anything about it. The owe me a new car with a clear title plus money in damages and recovery of brand new mods I just installed. Prior to this installation this car has been garage kept and fully stock. It's not to me as a consumer and really unfair for me as a returning combat vet. My wife is even more upset than I am. She is also a vet. She knew more than anyone how much I Cherished and loved my car. Now she tells me to stop going to the garage to look for it because it's not there. And in this **** of a state it looks like there is nothing I can do to change that. I searched for 6 months when I had free time in a combat zone to find that car. I bought it immediately without every stepping foot on the lot or even America. The country and people I unselfishly have risked my life for and left my friends famiky and everything I know and love behind. I've cheated death multiple times and returned home safe. But now I'm screwed over by the people I swore and oath to protect. How do you think that makes me feel right now. 2 to4 hours of sleep a night disturbed by rockets and gun fire for almost 24 months. I protected you now who's protecting me? I can understand now why vets get pissed of sometimes and feel like the country we protect doesn't protect us . Instead of marring my fiancé I'll be spending the money for our wedding on lawyers and court fees. Instead of going to a military school that would change my career and increase my pay I'll be going to court rooms. That's only if I can justify my reasons for suing this company that has taken my prized procession away from me. The owner was a huge jerk when I spoke to him he said I was attempting to extort him for me and all he was obligated to do was fix and return my car, that's it. He asked me what extortion was and if I knew the definition. Extortion was the shop owners in Afghanistan that live out side my base asked me for protection from the Taliban who robbed kidnapped and killed then or their family for not paying and supported their cause to capture or kill us troops. Sorry for my rant I am extremely upset and emotional about my car.

MacCool 08-13-2014 11:09 AM

You need to get an attorney to find out what your options are. There isn't any criminal conduct, so charges aren't going to happen. It's going to be a civil action, but your ability to recover any money is going to be entirely dependent on the terms of any service agreement you signed or de facto agreed to when you brought the car in, and/or your state's consumer protection laws.

Limeybastard 08-13-2014 12:30 PM

Or you could just cut your losses and make them repair it then trade it in. I know you dont want to hear this as nor do I. But sometimes, the hassle is not worth it in all honesty. Your mental health and well being is far more important that a car.

Darketch 08-13-2014 01:14 PM

Quote:

Originally Posted by My40thZ (Post 2929392)
Despite everything else this company needs to...

Bro, I feel ya. I've had 7 combat deployments in the past 5 years. Many close calls and huge lose of my brothers. People don't get it. They don't know your sacrifice and can't fathom what a gut check really is. Heck, even though I'm right next to the same guys on the "x" with me, I'm so thankful for them and people like you. Then you come home and realize folks don't even know a war is going on and all that matters to them is if they got fat free milk in their Starbucks! Driving my Z centers me. There is no greater feeling then coming home to my family and Z.

Patience bro. Like you said, your car is not the first they've taken on a joy ride. I know you're thinking about crushing them. Do the right thing the right way. Continue to be the hero for the people. Take them to court. It's about the principle. When you need a boost, come vent to us on the forums.

wackjum 08-14-2014 11:26 AM

Quote:

Originally Posted by My40thZ (Post 2928653)
Just met with a lawyer who explained that Florida has a no fault stature that pretty much states as long as i have insurance that covers the damage cause you don't have much you can sue for. He explained unless the value of the car is worth more than it's original price and an expert witness can the value of the vehicle I won't get more than what an insurance company is willing to pay. 30k is what my car is worth I owe 14k to my loan so I guess I will have 15k to put towards a new vehicle. But that's only if my car is totaled by insurance which that decision is still not made. Looks like I'm screwed.

No fault law has nothing to do with your case. You need to explain your situation better.

The accident is a completely separate matter. As far as you are concerned, there was no accident. The facts of your case is that you dropped your car off with a shop to do a specific repair. Because of their negligence, you are now out a piece of property and you need to be compensated for your loss.

I don't know any specifics of Florida law, but I am an attorney in Texas and I found it very difficult to follow what is going on with your case. I had to re-read it multiple times. Boil it down to brass tacks when you explain the problem to an attorney.

My40thZ 08-14-2014 11:41 AM

That's guys. I spoke to my jag officer and she put things into a better perspective. Lawyer from Texas thank you for your advice. I'm sorry I was unclear in my message my emotions are still on edge. I will do my best to explain my issue to the next group of lawyers I meet with. To my fellow service member thank you for your understanding and moral support. It's nice to know the army hasn't made me crazy and out of touch with reality yet. Thanks everyone for your sound advice I have read every single message and taken every single piece of advise in to strong consideration. This is part of why I love that car so much all of the fans that follow her as such great people. Thank you everyone. I will post more information as I am updated.

thompsontechs 08-14-2014 07:54 PM

Civil action for Florida... Once you give them the keys basically, you give them permission to drive. You can win there because guys like us will be sitting on the jury. You get ONE car guy/girl you win.

I know it's hard, but try and lock that emotion down... it will not serve you and might very well make matters worse.

Thanks for your service,

JT

SwissCheese 08-20-2014 09:18 PM

Any updates on this?

My40thZ 08-21-2014 07:40 AM

Sorry latest update: I've battles with the auto shop for over a week. My insurance company has assisted me. I had to ask an officer to go over to the shop and demand they give me their insurance information. They finally provided it to me be cause of the officer. No adjustor has ever come look at the vehicle. They have corperate insurance which is a pain in the *** to deal with. The company insurance is located outside of FL, some where in South Carolina. The policy just renewed a few days before my accident which they claim is the reason it's taking some long to find an adjustor to view my vehicle. This has truly been a nightmare. I spoke to the owner of the shop on the phone. We did not get along at all. He made his employees trailer my car to my house then tried to flip me the bill. I explained to the tow company driver my situation, he was shocked and disappointed that my car was crashed by the shop he removed my car from. He gladly called the shop and told them that he wasn't charging me and demanded they paid the bill, which they did. I moved into a new neighborhood when I redeployed to the states. My neighbors love my car! I start it everyday to keep the fluids moving because this car has been driving three times after sitting nine months. I've spoken to multiple lawyers who have all said that I need to wait till the insurance company makes me and offer then my lawsuit can begin to recover my losses. To date their insurance hasn't called me. The officer that was on the scene is hoping when I get nissan to fix my car that the crash report generated by the computer will yield information she can use to write situations to the driver of my vehicle, speeding etc ... I am at a stand still for now. Sadly....

wheee! 08-21-2014 07:46 AM

wow... so sad. :(

Mitco39 08-21-2014 11:12 AM

Oh my, that really sucks.

Arrvaxx 08-21-2014 11:18 AM

Sorry man.

To the rest of us, "UpRev with valet map is our friend!"

Arrvaxx 08-21-2014 11:19 AM

Quote:

Originally Posted by janglez (Post 2925179)
damn so sorry...i'd own that company... go after them and the driver relentlessly

Sue them like you stole it! Wait...yeah...that kind of works!

Arrvaxx 08-21-2014 11:25 AM

Quote:

Originally Posted by My40thZ (Post 2928653)
Just met with a lawyer who explained that Florida has a no fault stature that pretty much states as long as i have insurance that covers the damage cause you don't have much you can sue for. He explained unless the value of the car is worth more than it's original price and an expert witness can the value of the vehicle I won't get more than what an insurance company is willing to pay. 30k is what my car is worth I owe 14k to my loan so I guess I will have 15k to put towards a new vehicle. But that's only if my car is totaled by insurance which that decision is still not made. Looks like I'm screwed.

Are you serious? Your insurance? What about their insurance. I'm getting pissed now. These cars are more than cars to most of us. I want compensation for all the and effort and care I put in to my car.

When this is all done you post the name of that place.

Cmike2780 08-21-2014 11:43 AM

I think you need to disclose the shop in question and let them feel the entire wrath of the internet. You'd be surprised how cooperative these shops become when their reputation and business is on the line. Obviously, the right thing to do here would be for the shop to buy the car from you, plus compensation for your troubles. You break it, you buy it.

edk370 08-21-2014 02:59 PM

Yeah. Get a good lawyer and just sue for what's fair i.e. the MSRP for your car. I don't think it'll be difficult to get that to happen.

I hate aftermarket hipo shops in general. When I was into Hondas back in the late 90s, early 2000s...all those schmucks were so shady. They used to say things like, "If you do your swap with us, I'll throw in a new timing belt, water pump, etc. and install it for free." They never deliver on time. They overcharge for things they never install or perform. F'in total liars and crooks!

ka24king 08-21-2014 03:03 PM

another 40th gonners :( that is some serious **** though! make em pay out that ***

fuct 08-21-2014 03:45 PM

to make you pay that tow home..... wow, i hope you ream this company a new one!!!

MacCool 08-21-2014 07:09 PM

OP should definitely sue rather than accept an insurance settlement, but it's highly unlikely he'll get more than actual damages. In the meantime, the lawyer will be expensive, assuming he can find one that will take the case.

Pain and suffering or other such "general damages" isn't generally a component of a property damage lawsuit. His ability to exact revenge is going to be pretty limited. Local or state statutes may actually favor the shop.

Starting an internet campaign is definitely unwise before legal action is concluded.


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