Newb with a sad story, and questions
01-07-2007, 10:55 PM
#1
Thread Starter
Join Date: Dec 2006
Posts: 8
Newb with a sad story, and questions
Hello all!
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.
Thanks for your time!
Dan
Oh, and I'm sure you want some pics...
[IMG]local://upfiles/56779/CF9E54A407A049F8A60BCEF3B51ECB01.jpg[/IMG]
[IMG]local://upfiles/56779/F9761A5269A3413AA3BCEC8575E1407B.jpg[/IMG]
[IMG]local://upfiles/56779/12C28CA55C0B49188D1DF646C99A9094.jpg[/IMG]
[IMG]local://upfiles/56779/C74A90F3486E4DCABC21392E06D829A5.jpg[/IMG]
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.
Thanks for your time!
Dan
Oh, and I'm sure you want some pics...
[IMG]local://upfiles/56779/CF9E54A407A049F8A60BCEF3B51ECB01.jpg[/IMG]
[IMG]local://upfiles/56779/F9761A5269A3413AA3BCEC8575E1407B.jpg[/IMG]
[IMG]local://upfiles/56779/12C28CA55C0B49188D1DF646C99A9094.jpg[/IMG]
[IMG]local://upfiles/56779/C74A90F3486E4DCABC21392E06D829A5.jpg[/IMG]
01-07-2007, 11:26 PM
#3
6th Gear Member
Join Date: Jul 2006
Location: USA
Posts: 11,962
RE: Newb with a sad story, and questions
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 lessdid the insurance appraisedyour Stang? How much would you still owe? If this gets real ugly, a lawyer may be an answer if youare 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?
01-07-2007, 11:35 PM
#4
Thread Starter
Join Date: Dec 2006
Posts: 8
RE: Newb with a sad story, and questions
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.
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.
01-07-2007, 11:43 PM
#5
6th Gear Member
Join Date: Jul 2006
Location: USA
Posts: 11,962
RE: Newb with a sad story, and questions
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 notless, since cars depreciate so quickly). Some lenders will include gap insurance as part of their loan; other won't. I boughtmy 2004 Ford EXP through USAA and gap insurance was included; by the time I purchased my 2006, gap was nolonger offered by USAA, so I had to go out on my own and buy it. Youmay 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.
PS. $4K is a lot of doug, but not worth it if the lawyer is going to charge you a lot.
01-07-2007, 11:46 PM
#7
Thread Starter
Join Date: Dec 2006
Posts: 8
RE: Newb with a sad story, and questions
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!
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!
01-07-2007, 11:50 PM
#9
4th Gear Member
Join Date: Nov 2004
Location: California
Posts: 1,657
RE: Newb with a sad story, and questions
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.
Tell JDaniel if you see him thanks for all of his good info.
