Dealer dropped my C5 off lift -- need advice

[mpolans]

Might be time to talk to another attorney...

I said talk to a competent lawyer days ago - individual indicated he had and was told it was in the insurance companies hands - BULLS**T!!!!!!!!!!!!!!!!!!!!!!!!

 

[Vettes n Harleys]

I have just learned about this mess. I was in the middle of a mess just like this. I was a manager for a very large ins co. A dealer repaired a car and when leaving the dealer to go home the left front wheel came off and the four runner was in another accident. the owner tried as you have to resolve the problem. With no help he called me the complaint department. As his ins co this is how I went to bat for him.

I picked up the car and took it to one of my best quality shops. Remember that the car is not totled so it still has a good title. I had the car repaired so I could get it reaqdy to sell. I paid my insured retail value plus tax title and a little extra to help out. I got the title to the four runner and when the car was repaired I called the dealer and told them that the car was back to pre accident condition and that I was going to give them one last chance to buy it for what I had in it or I was going to auction it and they could pay the diff in court. I told them the same thing they told my customer. You cant even tell it was wrecked! They bought it.

Your ins co needs to think about this for a minute. They can buy it repair it and force the dealer that did this to buy it back. Your company has attys ready to help with this. I the end they will not spent as much as repairs.

You are on the right track with deminished value. All corvettes are collectors some day and this number could be staggering down the road.

I really hate to hear all this. I wish you the best. I am really impressed with all the concerned people here at CAC.

 

[Rob]

This thread is starting to concern me more and more. I want to make something clear. This thread is going on 22 pages.

The situation is clear. The issue is clear. People have given helpful advice here and it's barnetdh's responsibility to take what information he wants from here and use it however he sees fit.

The issue has also become emotional and I see some people stepping out of bounds with making improper suggestions and listing "facts" of the case.

Barnetdh should be the ONLY one talking about what is happening between him and the dealer, if he so chooses. Nobody else. When too many hands get into the cookie jar, there is bound to be crumbs flying all over the place, and frankly, it's unnecessary.

The ONLY person that should be listing ANY facts in this thread, is barnetdh himself, if he so chooses to do so.

In my opinion, there are a few people in this thread overstepping their boundaries. To help is one thing. To assume responsibility that is not yours, is another.

Please be careful here.

 

[67HEAVEN]

This thread is starting to concern me a little bit here. I want to make something clear. This thread is going on 22 pages.

The situation is clear. The issue is clear. People have given helpful advice here and it's barnetdh's responsibility to take what information he wants from here and use it however he sees fit.

The issue has also become emotional and I see some people stepping out of bounds with making improper suggestions and listing "facts" of the case.

The ONLY person that should be listing ANY facts in this thread, is barnetdh himself, if he so chooses to do so.

In my opinion, there are a few people in this thread overstepping their boundaries. To help is one thing. To assume responsibility that is not yours, is another.

Please be careful here.

Exactly, Rob.

Two things are very important here:
1) that barnetdh receive the fairest of treatment for his loss.
2) that CAC not become embroiled in a legal matter that is not of its making.

These goals are not mutually exclusive. It is not necessary to reflect badly upon CAC if we carefully choose our words of support.

As many of you have come to appreciate, CAC is a unique place and is well worth keeping.

 

[Vettes n Harleys]

What still has me puzzled about this entire incident is how much would it actually cost the dealer to make things right?

Between giving folks low ball values on used trade ins, and getting a great condition 40,000 mile car, parting out the damaged 97 and the dealer putting in an insurance claim what would be the final cost to them?

One way that makes since to me is for the dealer to buy the car for its retail value. The car is not totaled so it still has a clear title. Repair it and sell it.

After they buy the car they can sell a new one for whole sale. This would insure that they dont lose any thing. They still have ins to cover them on things like this.

The car in court will still only be worth fair market value. They can also find a car of like kind and pre accident quilty.

 

[Huffer]

Honestly, if I were in the market for a '97 C5, I wouldnt consider buying it with repairs this extensive. No way, no how. At it's age, there are too many out there that have not be damaged to consider instead.

You'd have to take a pretty big hit to get rid of it with these kind of repairs in it's history. And, once again, since YOU didnt damage the car, there is NO WAY you should have to take the hit.


I respectfully acknowlege Rob's concerns and will stand down while watching for a reply from barnetdh.

Huffer

 

[JohnGrawcock]

Time to get your our estimates.

Barnetdth,

I don't know CA law but standard practice in my state when dealing with an accident is to get two estimates from repair facilities of your choosing prior to settling with the insurance company. The estimate from Stewards body shop is meaningless because you did not ask them for it and they have an interest in minimizing the numbers. I would be very surprised if another shop will commit to repairing this car for the price they quoted. The car likely has damage to the following:

• Frame
• Underbody
• Suspension
• Exhaust
• Drivetrain
• Most body panels
• Windshield
• Engine?
• Plus repainting
• And who knows what else

If the insurance company isn't currently prepared to total this mess I would make arrangements to get your own estimates. Preferably, at least one of the estimates should be from a shop specializing in Corvettes. Once you have estimates from reputable shops I'll bet that it is totaled and you can start negotiating a $ settlement. If not you'll want the repairs made by the best in the business and you can still pursue the diminished value. Start looking for referrals. Maybe some of our members in your area can provide a few suggestions.

As for dealing with Stewards; I would compile a brief summery of the facts. Things like who they told you not to talk to, how they spoke to you as a customer, offers they made to you relative to the established value of the car, and any attempts to steer you in directions not in your best interest. Check and double check that it is factual and then share it with whoever you like.

Consumer advocacy groups might also be an option.

 

[TheBlueVette]

The owner of Stewart Automotive left me a message. Although they are doing everything they can to rectify the situation, this will depend on the insurance company.

- Dave

 

[TheBlueVette]

I said talk to a competent lawyer days ago - individual indicated he had and was told it was in the insurance companies hands - BULLS**T!!!!!!!!!!!!!!!!!!!!!!!!

Of course. I suspect this is just their way of distancing. When I asked about getting a C5 as a loaner, Frank (general manager) said he couldn't because the insurance wouldn't let them. However, when I was buying a C5 from them, they kept pushing to take one home for the weekend to try out. Could be a variation of "I have to check with my manager."

 

[TheBlueVette]

Might be time to talk to another attorney...

I have been in contact with several attorneys. The big problem from my perspective is that this would be an hourly deal for them. There are no big awards to go after. Nobody was hurt, and there is not likely to be any punitive damages. The courts don't generally recognize emotional attachment to a car. If we did a percentage deal with an attorney (and this might not fly sionce the amount of money is not large), he or she would get maybe 40%. So, if the car is diminished in value by $10,000, I would get $6,000 if I won.

- Dave

 

[Bob Chadwick]

Ask the lawyer what the small claims court limit is these days in California. I think it was raised to $25,000.

I hate to be the one to actually say this, but based on what you have posted this car is going to be repaired unless you can work the numbers to your advantage.

 

[Ed02]

Well I just got back from vacation and I can't believe what I'm reading. First I can't believe that a dealer would be that thickheaded and secondly the overwhelming support from this forum and others. I can't think of anything else to say that hasn't already been said except I'm truly sorry this is happening to you and I hope you can get it resolved to your satisfaction without to much more grief. I can only hope that this dealer is not indicitive of all dealers. Good luck Dave and keep the faith.

 

[RCG]

In my opinion, there are a few people in this thread overstepping their boundaries. To help is one thing. To assume responsibility that is not yours, is another.

It is about time someone said this.

Cheers!

 

[koolaid117]

BV -
I don't know how you stay positive in your outlook with the dealer? Apparently, you, too, are a man of patience. As for me, well, I will refer to them as Screwart Cars now, as it appears they are going to do to barnetdh. If things work out for him as he wants, it won't change my opinion of them. Mistakes are made everyday. Good people step up and admit when they are responsible. Cowards hide behind their insurance companies. As of now, it is not hard to see where this dealership "hides".

 

[JimVette]

I have a 92 ZR1 which I have owned for 6 years but it is only one of the 3 cars that I own. My other 2 cars were pruchased in the last 2 years a Camaro and a Trail Blazer both purchased from the same Dealer. Why, because of the superb service department and the way they go the extra mile to give you customer satisfaction. If sales people think that treating you poorly has no influence on you coming back for new car sales then they are clueless. I only came back to this dealership because of the service I recieved.

 

[corvetterider84]

I have a 92 ZR1 which I have owned for 6 years but it is only one of the 3 cars that I own. My other 2 cars were pruchased in the last 2 years a Camaro and a Trail Blazer both purchased from the same Dealer. Why, because of the superb service department and the way they go the extra mile to give you customer satisfaction. If sales people think that treating you poorly has no influence on you coming back for new car sales then they are clueless. I only came back to this dealership because of the service I recieved.

I have to say I agree with you here. I would definitely consider buying another car off the dealer that I did just because of the service I received. Dealers should realize that word of mouth can hurt their businesses just as much as it can help it.

 

[Edmond]

I have to say I agree with you here. I would definitely consider buying another car off the dealer that I did just because of the service I received. Dealers should realize that word of mouth can hurt their businesses just as much as it can help it.

That's just not in the car business. It's with whatever you buy. If I buy a guitar from a store and receive good service, I'm going back. And I'll also tell all my guitar playing friends about that place too.

 

[mpolans]

I have been in contact with several attorneys. The big problem from my perspective is that this would be an hourly deal for them. There are no big awards to go after. Nobody was hurt, and there is not likely to be any punitive damages. The courts don't generally recognize emotional attachment to a car. If we did a percentage deal with an attorney (and this might not fly sionce the amount of money is not large), he or she would get maybe 40%. So, if the car is diminished in value by $10,000, I would get $6,000 if I won.

- Dave

Remember, if that $10,000 number you're looking at is the one from their body shop, it's worthless.

 

[TheBlueVette]

Remember, if that $10,000 number you're looking at is the one from their body shop, it's worthless.

Stewart's insurance adjuster said $10,799. But same reasoning -- they have a vested interest in keeping it low.

The body shop is not owned by Stewart's but they have a business relationship with them. They're right down the street, and I think they do all the body work for Stewart's.

- Dave

 

[TheBlueVette]

Ask the lawyer what the small claims court limit is these days in California. I think it was raised to $25,000.

I hate to be the one to actually say this, but based on what you have posted this car is going to be repaired unless you can work the numbers to your advantage.

The California limit is $5,000 for small claims....