So I have an interesting situation on my hands and would like some opinions and such...
On December 11th, I purchased JDaniel's old cobra. If you don't know about it, well, it's considerably modified. Well, I read about how he was having cooling issues and what not, so I wanted to have a quick coolant check run on the car to verify that it was holding pressure, and that there was no coolant in the oil / oil in the coolant or whatever. I figured it's a simple task that just about any shop can perform with few problems right?
On December 18th I took the Cobra to Lambs (the one at 620/2222) to have them run a cooling system check. I asked the staff if they would need to heat up the car to perform the test. They said that they would so, with some apprehension, I gave them the code to the alarm and asked "So you're going to let it sit there and run for a few minutes to warm up right?" and they said "Yes.” I never signed a work order and I never gave them permission to take my car off the lot.
At sometime between 3 and 4 PM, I get a call from Lambs. The call goes something like this... Lambs dude: "Hello sir, I have some bad news for you..." Me: "Um, ok, what's wrong?" Lambs dude: "Sir, your car has been wrecked." Me: "WHAT!! This is a joke right? What the hell happened!!!!?" Lambs dude: "Well, one of our employees took your car out to warm it up, and he lost control and wrecked it." Me: "Is the dude ok?" Lambs dude: "Yes." Me: "Ok, why the HELL was my car driven? I never authorized ANYONE to drive my car off the lot." Lambs dude: "Well umm..." Me: "Nevermind, I'll be there in 5 minutes."
Well, it just so happened that the wreck occurred on the road I was taking to get there, and I stopped at the scene of the accident. One of the cops on the scene RAN up to me after I said I was the owner, grabbed my shoulders and started saying "CALM DOWN SIR!" I was like WTF! I am calm! I think he thought I intended to beat up the guy that wrecked my car. Well, I was calm, but I wanted to puke.
Here's where the story gets really interesting... Lambs immediately claimed full responsibility, told me that I shouldn't worry, they would take care of everything and make sure the situation was set right. I told the manager that I NEVER gave them authorization to drive my car, and that this should not have happened because they had no reason to drive my car. They said it was an accident, and they fired the employee immediately. If it was an accident, why did they fire him? Oh yeah, did I mention the employee wasn't even a technician? He was just a sales guy!!!
Well, the car has frame damage and was proclaimed totaled last week. They finally gave me their offer on the car…and it's less than what I owe on the car. They certainly did NOT take into account all the extra parts. I gave them an itemized list of all the parts on the car with prices and asked them to re-calculate their offer.
Now, the insurance company sent me a letter asking for me to sign away the title and they want me to give this back to them by the 10th! They drag their feet for 2 and a half weeks to even get me any number, and then they only give me 3 business days to respond?!!
I've already contacted a lawyer and told him my story, and he actually said that this case was SO obviously their fault that they would be fools not to give me what I'm asking, especially considering I'm not even asking for very much! Now, my question is, if they aren't willing to negotiate, what would you do? The reality is that IF I have to file a lawsuit, it could take a long time. I've already prepared my wife for that possibility, and arranged to make that happen financially if need be... But I'd rather not have to involve a lawyer. This whole thing is really starting to interfere with my life and I'm getting very angry.
Dang brother. Sorry to hear about your Stang and this whole mess. First, I know it's easy for me to say, but don't let this "drive the train in your life". "You" drive the train. Next, how much less did the insurance appraised your Stang? How much would you still owe? If this gets real ugly, a lawyer may be an answer if you are considering a lawsuit. I know I could not handle a lawsuit on my own, but that just me. Wish you luck. Keep us posted will ya?
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06 GT, tint, appearance mods, 18X9 w/NT555 255/45/18, GTA Axlebacks, GT500 spoiler/pedals. Many interior billet upgrades and engine dress up.
I will definitely post updates as they happen. I didn't even want to post this story at first because I really wanted to give Lambs a chance to be the "good guys" and follow through with their word, afterall, I really liked them and hoped they might make the situation right... but obviously that seems to not be the case.
At this point, I plan to call Lambs / their insurance tomorrow morning, and if they won't come through, then I think I will have to call my lawyer. Worst case scenario, I get my own insurance to pay off my car, so I can have something to drive in the meantime.
EDIT: I forgot to add... The insurance offer is about $4k less than what I owe.
< Message edited by L1NUX -- 1/7/2007 9:40:52 PM >
If your next buy is a new car (regardless of make), consider gap insurance. This is the insurance that will cover the differene between what you owe and what the insurance says your car is worth (which is more likely than not less, since cars depreciate so quickly). Some lenders will include gap insurance as part of their loan; other won't. I bought my 2004 Ford EXP through USAA and gap insurance was included; by the time I purchased my 2006, gap was no longer offered by USAA, so I had to go out on my own and buy it. You may know all this already, don't intend on insulting your intelligence.
PS. $4K is a lot of doug, but not worth it if the lawyer is going to charge you a lot.
< Message edited by TPony -- 1/7/2007 9:45:14 PM >
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06 GT, tint, appearance mods, 18X9 w/NT555 255/45/18, GTA Axlebacks, GT500 spoiler/pedals. Many interior billet upgrades and engine dress up.
I do have gap insurance on it. :) I just don't think I should have to use it considering it's completely their fault. Plus then it will probably affect MY premiums.
ninja edit: Also, and this may sound stupid, but it's somewhat a matter of principle. They took my car out without my permission. You, me, and the fence KNOW that they just wanted a joy ride. "Warming it up" is a complete BS excuse. The driver claimed that his foot slipped off the clutch... Yea right!
< Message edited by L1NUX -- 1/7/2007 9:49:45 PM >
Stick it to them! it is going to be a roller coaster with this mess but make sure you and your wife are prepared for a long ride. Good luck bro. Tell JDaniel if you see him thanks for all of his good info.
Funny, but "Sue the pants off them" kinda responses have been the most common response to my story when I've talked to people about it thus far... And imagine, if it makes you mad just reading this, think of how I felt pulling up to the accident scene! I literally had to swallow hard so I wouldn't puke when I got up close to it.
But here's the thing that really upsets me... I know I'd win, but I don't want to have to sue them. I REALLY want to try to resolve it without lawyers because I really don't like lawyers (previous experience with them = bad!). So I've shown them numbers that are VERY reasonable, and they just seem to not give a crap. I think they aren't taking me seriously and don't understand that I'm fully prepared to fund a lawyer.
You need to contact your insurance carrier, they WILL go to bat for you. Trust me, they will help you a lot, give 'em a call. http://www.farstrider.org/lambs-automotive.php CHECK out the above link !!!!!!
< Message edited by LegallyTorchRED -- 1/7/2007 11:51:24 PM >
I did contact my insurance, and basically they said that the best they can do is pay off my car, and then they would take on Lambs' insurance to recoupe the loss. However, this would make my premiums go up! So at this point, I really don't want to have to use my insurance.
Tell them to either pay everything you owe on the car and then like 5 grand over that, or sue them for damages, lawyer fees and time(have the total come out to about 3 times the 5k+what you owe). Your going to get your money as long as you make a fuss. They fuc*ed up and theyr gona pay for it.
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Joined: 12/15/2006 From: Lafayette/Gulf of Mexico, LA Status: offline
quote:
ORIGINAL: LegallyTorchRED
You need to contact your insurance carrier, they WILL go to bat for you. Trust me, they will help you a lot, give 'em a call. http://www.farstrider.org/lambs-automotive.php CHECK out the above link !!!!!!
After reading that, it makes me want to go up there with a fake issue to see what they say. I jsut had to deal with something like that with my girlfriend. Her car wouldn't start the other day, and I was too far away to help, well she calls a mechanic. It turns over, just no start, and it had no prior problems when she last shut it off. Well the first thing the mechanic says is the timing belt, which I think we all know is several hours work and basically requires pulling the engine. So she called me and I told her to leave the car alone and not let that mechanic touch it. Well the next day she calls me, her dad gets it cranked up, like there was nothing wrong at all. It's a shame at all the dirty mechanics out there that give all the good ones a bad name.
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Newb with a sad story, and questions - 
RE: Newb with a sad story, and questions - 
i am just pissed for you. lawyer time
