My New Coupe -Need Legal Help

[redtanrt10]

Came back from VOI and decided to get a new coupe, drove some fiends and attended 2 SRT events, the SRT's were advanced in many ways but seeing the coupe sold me. found a great 1250 mile car, June production, red/silver, at a great price. sold my pride and joy acr, can't afford/store 3 and wife won't ever let me sell the red-tan rt/10. Clayed it, multiple Zaino, took NewportVipers advise and did clear bra, sought to make this like the acr, exhaust, cats, KW's, shifter, 3.55's etc, etc. thanks to all on the site for their recommendations, suggestions, thanks Jon B for the corsa-random and KW's, Ron thanks for the shifter. Saturday put on a KN box and changed the oil. took the car Monday to a reputable exhaust shop for the corsa work, explained advice on tack weld and tip location, no problem, had a date next week at A&C to do the KW's, figuring to get w/Dan at DC after Thanksgiving to do the 3.55's, tune and go throught the car.

Exhaust shop calls me Monday night and says we broke a clip on the sill, 1'' crack we'll take care of it. No problem, stuff happens, they'll sub-out to a good shop I'm not worried. Call Thursday afternnon, sill almost done, then we need to test fit the tip again, hey no problem, I'm ******* at my wife's school event Friday night, I'll pick it up Saturday morning if ready.

Saturday morning 9AM hey Mike this is JR got some bad news, guy was driving car around the block, " "swerved to avoid dog hit a curb and clipped a phone pole" pole". Unbelievably it got better, "hey you don't want to see this car, let me just take it to a shop of your choosing".

Im not the greatest picture poster but I tried my best.

Take a look, right front wheel shoved back, suspension bent, bags blown and the pass side glass breakage is from the inside. (No he was alone!) Back end blown up "let me show you the pole, he just grazed it"

Looking for legal advise (FE SCA attorney are you out there?)or someone who fell into a similar situation. Don't want car back, he says and I beleive he has good insurance, concerned that they'll want to fix vs. total. Please send PM if you can help. A great thanksgiving to all!




web page

 

[Grunt]

Man, they should be expecting to buy a wrecked viper at full price so that you can get you another one.

Thats just not right.

 

[twinturbo3150]

WOW, sorry to hear I think they just bought themself's a wrecked viper and you get a new one.

 

[2002_Viper_GTS_ACR]

Its called a joy ride, they took one. There was no reason for them to be out pounding on your car. But thats what they did, lost control and wrecked it. Now they own it, and need to pay you full price for the car and all the mods. Thats total BS !!

Jon

 

[mike007]

Your car is TOTALLED. Demand new one.

 

[Lee00blacksilverGTS]

You don't want that car back, it's going to have a salvage title due to air bag deployment. Your first and most important call is to JonB. He will give you INVALUABLE advice as to the value of the car the pros and cons of rebuilding, about diminished value AND how to get it totalled.
No way that guy missed a dog, he was joyriding and lost it when the rear went around on him. You might threaten the guy with recovering the last data from the computer as to how it was driven.
If the guy does not step up I would immediately retain a lawyer. That car should not have been on a joyride. I would also get to where it happened as soon as possible and take some picturs of the skid marks I would bet you find. If he lost it under power the marks on the road are going to look way different than if he dodged a dog.

 

[Hiss]

Oh man what a holiday present-thats a lot of damage

Seems like ive heard of others taking Vipers in to be worked on and one of the workers takes it for a ride around the block and looses control and wrecks. I bet it was a spirited drive.

Hang in there-no way would I accept the Viper being repaired. If they insist on repair you need to get legal help.

We all are so sorry this happened we feel your hurt.

May be wrong but hasn't Jon at parts rack helped people with advice on wrecked Vipers.

 

[Supercharged Vipermad]

Call the Police and get a report done.
Get a lawyer.
Get the car isolated so NOONE can get near it without authorization (evidence).
Cover your bases!

Do you (or will you) need to do the Full Monte all the way to court? Who knows....but...better to be prepared for war and NOT need to go...than to be unarmed.

There is NO fixing that car. Well...it might be fixable, and someone might want it afterwards...but you need a new one. At some point I am sure everyone in Calif (and around the world) would like to know WHO did this and how THEY make it right.

 

[VIPER BAZ UK]

As said above
They now own a wrecked coupe.....
And they buy you a new one.....

 

[Supercharged Vipermad]

Is there already a police report? I would assume (silly me) that ANYTIME something like this happens the business gets everything on file and documented. About the ONLY time I can think they would NOT.....would be if everything documented fryed their asps! Good luck!

 

[ROCKET62]

Sorry to hear about your Viper.

Sounds like the same dog that ate my homework when I was in 6th grade

 

[Scott_in_FL]

Pictures, pictures, pictures of everything right now (crash site, shop, car, all details, etc.). Otherwise, follow Vipermad's advice re: police, atty, and storage of vehicle. Atty will know how to take it from there (i.e. demand quick inspection of vehicle by other side). Sorry to hear about your loss, but I'm sure things will work out fine. Good luck.

 

[Shelby3]

Same thing happened to me a couple of years ago. GET A LAWYER In my case the shop insurance did their best to screw me. I filed against my own insurance and let them go after the the shop insurance. Get an independent appraisal, both insurance companies will try and screw you here also. PM sent.

 

[bigerc]

hey redtanrt10 when something new happens please follow up and let us know. I am really curious to how this thing turns out.

best of luck. I know legal issues can be a big hassle even if they go your way and I know first hand that insurance stuff can take many days/phone calls to straighten out.

 

[DodgeViper01]

Sorry to hear about that. Good luck with the situation. Here are the pictures for you by the way:

You must be registered for see images

You must be registered for see images

You must be registered for see images

 

[Warfang]

...guy was driving car around the block, " "swerved to avoid dog hit a curb and clipped a phone pole"

What block does he live on? Laguna Seca Avenue? There's no way the rear would come around like that at 25mph while trying to avoid a dog. People don't swerve (and nail the gas)to avoid dogs... they brake. Last I checked SRT's have excellent brakes.

I'm so mad for you!

They bought it. Don't take no for an answer.

 

[First Strike]

I am so upset for you, I was in litigation with a auto transport company that did 9,000 in damage to one of my cars. By the way would you provide us so-cal owners the name and location of the shop that is responsible.





06 SRT COUPE
06 LAMBORGHINI GALLARDO
66 BIGBLOCK VETTE
72 VERT/VETTE

 

[big-n-italian]

this was no low speed dog swerve. find out what the EXACT location of this accident was, and the POSTED SPEED LIMIT.

dog my asp. low speed dog swerves dont cause the rear end to break loose and hit telephone poles. this was pure and simple negligence and i would refuse to take it back.

 

[johnk]

It would be interesting to get a good closeup shot of the fender panel and inner panel behind both rear tires to look for tire rubber or signs of recent cleaning. The passenger may be easy to track via ER admissions to the local hospitals.

 

[boplaw]

You will have a hard time forcing them to total it. You are going to need a lawyer. Look here: http://www.caoc.com/ca/

I would also consider swearing out a warrant on the driver for Breach of Trust.

Good luck.

 

[pdmracing]

Get in touch with The Ga VCA prez,Wayne Carrell he saw his car on the news!He has first hand experiance in this & will be happy to share.

 

[PaViper]

There may not have been a passenger, I have seen a couple of windshields broken from the airbag deployment.

 

[JonB]

When I saw this, I INSTANTLY thought of JimH Shelby3 above...

This is gonna be ugly........it is obviously a joy ride gone bad. Subbing out a broken clip on the sill means they TAKE THE SILL....not the car!

1) Get PIX of the scene before any skid marks are gone. They dont last long. If possible, measure them, and take photos of the tape measure on the marks.

2) Get WITNESS STATEMENTS. Someone saw this EVENT happen. Maybe local shop / store employees? GET A STATEMENT FROM THE TOW TRUCK DRIVER. ASK HIM ABOUT PASSENGERS? Ask locals if 'loose dogs' are common there? "When was the last time you saw a stray dog here?" Get a few statements about dogs, even if they saw nothing.

3) This would have been a spectacular, witnessed hit. Someone called the cops! Maybe the cops came due to damage to the pole? Maybe a report exists? If NOT, there are probably mandatory reporting statutes based on damage. Did something fall off the pole on the windshield, or WAS THAT WINDOW DAMAGED by a passenger's head ? Airbag Cover seems attached...not likley. FIND OUT THE PASSENGER PEDIGREE. Who was he showing off for? GIVE YOUR RESULTS TO THE COPS: Witnesses etc, make it easy for them to do their job. AFurnish your data / statement to any existing report.

4) Find out who owns the pole....they may be a damaged party... what if this pole is cracked / damaged....liability for future wind resistance? A utility company can be your ally in this.

5) TAKE POSSESSION ASAP. Apparently, both you and the shop share the same insurance company... its a slam dunk that you WILL get paid, but also that they WILL try to save a 2006 from a total. Get that car to D-C Perf and / or Scandanavian Coach Craft in LA. Have a pro like these guys assess for any frame damage / suspension damage.

6) Research your CA insurance commission office info...data about what protects you in CA. Diminished Value "DV" will be the key to making this car a total..airbag deployment helps. Become familiar with the CA statutes, and CA Consumer Protection office as well.

7) Once you have the adjuster's itemized statement of the damages / labor, AGREED TO BY A VIPER-SAVVY SHOP, (and not some Insurance selected kickback shop) I will provide you (no charge) a notarized, corroborated D-V statement, and try to help you turn this car into an ORGAN DONOR. We did help three of those who posted above.....and many more, too. We also just bought the totalled VOI9-ACR after helping that owner.

Sorry about your loss...... note to others: When you sign any repair order / estimate, write "ROAD TESTING NOT PERMITTED" or "VEHICLE OWNER MUST ACCOMPANY ANY ROAD TEST" on every service order where you leave the car behind...unless you trust / know the driver's skill level.

 

[valentine_viper]

Wow, things like this really chap my butt. Do all the things already mentioned. Make sure the owner of the company fully understands (both by your words and actions) that you have the time, resources and inclination to make his life a living hell if he doesn't replace the car, no matter how long it takes. Make sure he understands that you will make it your mission in life to shut his business down and sue the living daylights out of him if he refuses to do the right thing. Jack-Offs like this count on you getting frustrated and giving up. Don't give him the satisfaction.

Let us know how it turns out.

 

[JonB]

...... You might threaten the guy with recovering the last data from the computer as to how it was driven.....

Lee... Im pretty sure that 'BiG Brother' device (Event Data Recorder) is GM and Ford Only:

""""On selected 1999 model-year and 2000-year GM vehicles, the capability to record vehicle systems status data for a few seconds prior to an impact has been added. Vehicle speed, engine RPM, throttle position, and brake switch on/off status are recorded for the five seconds preceding a deployment or near-deployment event. It is reported that almost all GM vehicles will add that capability over the next few years.

Currently GM uses a proprietary Event Data Retrieval Unit (EDRU) that interfaces with a standard Tech 1 scan tool to download through the vehicle diagnostic connector. The data is displayed in a hexadecimal format. The data is viewed by General Motors as protected and requires their direct involvement to be analyzed.""""

The Supreme Court has already ruled on admissibility of this data as relates to evidence and access !!

 

[propsail]

QUOTE: "Lee... Im pretty sure that 'BiG Brother' device (Event Data Recorder) is GM and Ford Only:"

I was just trained in downloading and analyzing this data. I did a post on this in the snakepit recently. Jon's right...for the moment. DC and Toyota downloads are about 6 months away. It's probably still available for DC engineers, but not for the general public, yet. We don't know what information will be provided by DC. Clearly GM gives the most data. Ford data is very limited (no speed data, etc).

~Craig

 

[my viper]

"hey you don't want to see this car, let me just take it to a shop of your choosing".

He smoked a little too much to think you'd agree to that

That ***** man. Hope you get it resolved without a problem and get in a new coupe soon.

 

[Supercharged Vipermad]

When you sign any repair order / estimate, write "ROAD TESTING NOT PERMITTED" or "VEHICLE OWNER MUST ACCOMPANY ANY ROAD TEST" on every service order where you leave the car behind...unless you trust / know the driver's skill level.

Needs to be said again and again...great comment (of many).

 

[plumcrazy]

i agree and listen to jonB

 

[Warfang]

i agree and listen to jonB

...especially on a Monday