Potential Claim for Total Loss For Mechanic Negligence?
#1
Potential Claim for Total Loss For Mechanic Negligence?
Back story: About a year ago, I had work done on my '05 GT for a new clutch assembly (everything from the throwout bearing, slave cylinder, clutch to flywheel). Anyway, Firestone did the install. About a month after, I was in my neighborhood driving back to my house when all of the sudden a loud, violent CLANK CLUNK CLUNK CLANK happened and immediately ripped off my shifter (shift **** dropped several inches from console and could not go into gear). I come to find out that the driveshaft's u-joint only had ONE bolt and essentially ripped off the shift arm from the linkage to the transmission.
Here is the interesting part: Aside from replaceable parts being damaged, what suffered permanently was the undercarriage that houses the driveshaft. Both sides of the floor pan (driver and passenger side) that house the area right above the u-joint were destroyed. A good 6" area on each side have exposed metal that got torn up by the driveshaft.
The reason Firestone is responsible is because they were the last ones to touch it since they swapped out my clutch. I verified what their procedure was on the install and was advised that they did indeed drop the driveshaft from the U-joint (in order to do that you must unbolt the four bolts). Whenever they put the clutch back on, they forgot to torque the bolts and thus the fate of my undercarriage took place shortly after. Yes, they replaced my shifter assembly as well as the transmission linkage. However, I recently got to thinking if the damage to the undercarriage is relevant. (On a side note, I will post pictures of the damage as soon as I can find them).
My big question: Will my mustang be deemed a total loss due to parts of the undercarriage being "unrepairable"? I mean I can weld sheet metal alongside of the damage...but can't realistically replace the entire undercarriage. And if so, would Firestone be held liable for negligence here?
It's not something I thought of at the time, but more of something I have recently thought about.
Here is the interesting part: Aside from replaceable parts being damaged, what suffered permanently was the undercarriage that houses the driveshaft. Both sides of the floor pan (driver and passenger side) that house the area right above the u-joint were destroyed. A good 6" area on each side have exposed metal that got torn up by the driveshaft.
The reason Firestone is responsible is because they were the last ones to touch it since they swapped out my clutch. I verified what their procedure was on the install and was advised that they did indeed drop the driveshaft from the U-joint (in order to do that you must unbolt the four bolts). Whenever they put the clutch back on, they forgot to torque the bolts and thus the fate of my undercarriage took place shortly after. Yes, they replaced my shifter assembly as well as the transmission linkage. However, I recently got to thinking if the damage to the undercarriage is relevant. (On a side note, I will post pictures of the damage as soon as I can find them).
My big question: Will my mustang be deemed a total loss due to parts of the undercarriage being "unrepairable"? I mean I can weld sheet metal alongside of the damage...but can't realistically replace the entire undercarriage. And if so, would Firestone be held liable for negligence here?
It's not something I thought of at the time, but more of something I have recently thought about.
#2
Total loss is synonymous with salvage title. If you are not trying to claim insurance to pay for the fix, then it will not be a total loss. In the end the formula insurance uses is something like if the repairs add up to 75% of the current value of the same make/models being sold in your area right now, then they try to write it as a total loss and insurance takes ownership of the car and sells it at salvage auction to try to make up the difference between 75% and what they paid you.
#3
What was Firestone's warranty for parts and labor? That's the first thing you will need to fish out of the receipt. Most shops warranty labor for 30 to 90 days and the parts for whatever the manufacturers state. After you figure that out and if you are within warranty for the labor then comes the next step which would be proving fault.
As for loss, Danzcool has it correct. That terminology is reserved for use by the insurance company.
Now, if the insurance company goes ahead and repairs it and deems Firestone liable, you can request a Diminished value claim in addition to reimbursement for the repairs. Diminished value is the difference between what your car was worth before the damage vs after the repair. Just because a car is repaired does not mean it is worth as much as it was before.
Do not file it or request one if Firestone is not found liable, your insurance rates may go up or they may drop you because it counts against you if they have to pay you and cannot recoup the cost from a third party.
As for loss, Danzcool has it correct. That terminology is reserved for use by the insurance company.
Now, if the insurance company goes ahead and repairs it and deems Firestone liable, you can request a Diminished value claim in addition to reimbursement for the repairs. Diminished value is the difference between what your car was worth before the damage vs after the repair. Just because a car is repaired does not mean it is worth as much as it was before.
Do not file it or request one if Firestone is not found liable, your insurance rates may go up or they may drop you because it counts against you if they have to pay you and cannot recoup the cost from a third party.
#5
Thanks for the feedback everyone. Yeah I'm thinking that I'm just going to leave it as is...maybe get some sheet metal and get working. Anyway, below are pictures of the aftermath of what happens when your driveshaft gets down to one loose bolt:
Close up of the first picture
Close up of the first picture
#6
The damage is repairable but you'll need to strip away everything around the damaged areas, cut away the damaged metal, and seam weld new sheet steel in place. Once you grind away the welds and add a lick of paint, it'll look just like new again.
#7
You are the man. Sounds like a challenge accepted. Sucks that it happened but you can't drive a car and not expect it to break, right?
#8
If they took responsibility for the damage done to the driveshaft and other parts, then they are responsible for the body damage. This should have been addressed with them when you brought the car back to be fixed. A body shop can repair that, and it should be repaired asap. That hole is through to the inside, and every time you drive your car in the rain, water is getting in. Two things are going to happen, your car is going to smell like a wet shoe inside, and eventually your floorboards will rot out. I would have a body shop look at it and give a estimate. Take that estimate to Firestone and see what they are going to do about it. If you don't get anywhere at the location, call their corporate office and send them the pics of the damage.