Tom -- all repaired "better than when it was brought in." The repairs ran a little over $13,000. The body shop said they will start charging storage as of Friday, but we're going to sue Stewart's for those charges. If I pick it up, I may be in less of a position -- might complicate things a little.TDB said:
I think we could use some expert witnesses on this. Anyone have recommendations?MM-C5 said:
barnetdh said:
I'd also throw in every single expense incurred throughout the ordeal. Mileage to and from the dealership and or phone charges for every negotiation, time off from work and whatever else you can think of. Hell, I'd charge for the paper and ink that I used to take notes on and the electricity and depreciation on the computer used to log onto these forums.barnetdh said:
The problem with doing that with the petty stuff is then, to the judge, it would lessen your case, as in you are asking for more than should be. It would help the dealearship in the case that "he was refusing any reasonable offer, see you can see that in this case" type of thing which would make it harder to "win" in the court. Although I agree he shouldn't of had to spend that money and it is a shame. It would be wiser to pick the bigger battles and leave the petty stuff out of it. Just to help his case that he just wants what is fairly his and the like.Erik S. Klein said:
Just so you know, I own a collision shop. Pick up the car unless technically they did not finish something that was part of the accident. It's important that you do not come off as an unreasonable customer. The only legal point you can make is diminished value and loss of use. None of these requires that your car stays in that shop and they are after the fact claims. All you will accomplish by leaving your car there is to accumilate storage fees that can be deducted from your settlement. There are no provisions for attorney's fee in auto property damage for those fees will also come out of your final settlement and very well could exceed that of the original claim. You're porbably looking at a claim thats worth 5k tops and could have been handled much easier by simply filing in small claims court. Most SMC's cap at 5k. The judge sees that they damaged the car and the diminished value report will state it depreciating. The judge will render a judgement based on those two facts.barnetdh said:
Very true. And it would also be impossible to get an independent diminished value report if you don't have the car. No report = no claim.TDB said:
Dave,barnetdh said:
That may be true but the private party value listed on KBB is the amount the insurance pays on total loss within a few dollars. Which match CCC values that are not publically listed. Insurance companies claim that NADA values are inflated.ImpalaPete said:
Actually most insurance companies currently pay local market value or replacement value for cars. When I totalled my pickup in Texas, for instance, the payout was 15% more then KBB since trucks in Texas sell for more then the national average.C5Richard said:
While your suggested tactic has its appeal, you will understand the Corvette Action Center cannot be a venue for the organization of group action against any person or company.pgf50 said:
Those were my thoughts, too Pete. I think even going over to look at it, is equivalent to accepting it. The repair are paid for, all I have to do is show up, and it;s mine.ImpalaPete said:
Richard - thanks for joining in!C5Richard said:
Dealers:
