CAN YOU BELIEVE THIS SH!T!! MY COBRA GOT SMASHED BY BODY SHOP MANAGER...

[NOSBUSA]

Can they even match the Z Yellow paint?? I know on a new Yellow Vette something about If a yellow has to be repainted it never quite matches the original. MAN THAT WOULD SUCK..

I will say this, if you do take the car and decide to try to trade it you will get your head ripped off big time like a 10K loss...... :xpl: Because every used car guy will spot it from a mile away trust me. I just got rid of a car that was wrecked before I bought it and it was a big mess I hate to stay on there azz but in the end i got what i wanted....

Do what you gotta do and good luck

 

[KNGOBRA]

:beer: Good excuse to get it painted Black now!!

 

[Friendchicken]

Do yourself a favor and bring a pocket tape recorder and record the meeting. Whomever admits guilt will be responsible. Ask questions like how far away the car was from the wall when the clutch was dropped, who was driving, what time of day....

if you ever go to court over it and any of the details are wrong, it goes in your favor.

Plus if they try to jerk you around, you have evidence to take to Ford. The dealership has limited responsibility when you release your car to them. You can't go into their service area, why? Cause it would go against the insurance policy of the dealership- point being that at some point you are not in control of what happens to your car and they accept responsibility if anything happens.

Hope all goes well and go for a new car for all the reasons stated above (I.E. you feel the integrity of the saftey equip like the frame, airbag sensors, horn, wiring, bumper supports has been compromised...). Your best line would be to say you are selling the car now and want the full loss to be covered by the dealership (and sell it cheap to a buddy), or they have the option to buy the car back and get you a new one.

Also, you may try to get some testing data from Ford on their front end collision tests to deturmine speed of impact. I would also get 3 independant auto body formen to estimate the speed required to do that much damage.

You want to prove negligence on the part of the 3rd party. If they are found negligent, their insurance will have to cover it. That is why they carry insurance in the first place (Of course, they may cancell the bodyshops policy shortly therafter)

Don't settle for anything less than a brand new car or 100% of your money back. It's a performance car. Would you buy a vette or viper that was in a front-end collision? Hell, I wouldn't.

 

[mosconiac]

TopRacer: Please tell us you are taking (have taken) a Lawyer with you. Please listen to that advise.

 

[scottyb]

"foot slipped off the clutch and I hit the gas", MY ACHING ASS!

That's no 10 mph hit, my friend, HE WAS DOGGIN' IT to hit a pole in the lot that hard!!!

He's giving you a line of BULLSHIT.

Get a lawyer.

 

[Blade]

Originally posted by 98kobra

Also, you may try to get some testing data from Ford on their front end collision tests to deturmine speed of impact. I would also get 3 independant auto body formen to estimate the speed required to do that much damage.

Another excellent point. Try to get either your insurance company or the police to send out an "accident reconstructionist". Not sure if that is their real job title, but there are people who do that stuff for a living. They are generally very good at determining things like speed, etc. based on damage. They also make great expert witnesses should you have to go to court.

Good luck.

 

[Forbidden Snake]

You want to prove negligence on the part of the 3rd party. If they are found negligent, their insurance will have to cover it. That is why they carry insurance in the first place

Correct me if I'm wrong, but insurance only covers accidents. If you proved them to be negligent, the insurance company will definitely not honor their claim -- that's why you gotta get a laywer.

 

[Mowgli]

Originally posted by TopRacer

... I should tell Holman Ford in Turnersville, NJ to buy the car from me, order me a new one, and pay for the rental until its in.

Do the above. But get a lawyer, step one. Tell the lawyer what you want. They will make it happen.

Don't screw around with bargaining with the dealer yourself. It's a waste of time and plays into their hand as the clock ticks.

 

[Uncle Snake]

Insurance

The shop insurance is not just for vehicles, they have to have a general liability policy. The general liabilty policy covers negligence and it is not the same as our Auto insurance. I would assume that the limits and umbrella coverage of a body shop would be a minimum of 10 million - with probably double that for the umbrella.

Many times with regards to businesses, it is much cheaper to pay damages out of pocket than it is to have your insurance carrier pay a claim. I have a policy in my business, speciffically Worker Compensation cases, that I will just pay anything up to $ 5,000.00 out of pocket because I cannot afford to have my rates go up.

My point being is the body shop is not going to want to make a claim when they believe they can repair the vehicle to pre-accident condition. Your argument is that no matter how well the car is repaired, it will have deminished value because of the nature of the vehicle, being wrecked, etc. This is the negotiation point. Listen to what they offer, do not agree to anything - unless they offer to put you in a new Cobra, which I doubt they will but you never now.

Body Shop buys a New Cobra from the dealer - $ 34,750.00
Body Shop fixes your Cobra - cost estimate $ 7,500.00
Body Shop sells your (now their's) Cobra - $ 27,500.00 acknowlegment of it being wrecked.

They are out at most $ 15,000.00. Now the question is, is it worth it to pay $ 15 K out of pocket or to incur increased insurance premiums for the next 3 years.

 

[Friendchicken]

Originally posted by Forbidden Snake


Correct me if I'm wrong, but insurance only covers accidents. If you proved them to be negligent, the insurance company will definitely not honor their claim -- that's why you gotta get a laywer.

If you do infact prove them to be leagally negligent (and not just a dumbass), you're right. Insurance can void the policy and refuse coverage.

If the insurance company helps you prove your case, the shop will have to pay out of pocket.

 

[scottyb]

You know that dealers pay far less than the advertised "invoice", don't you?
I'd bet my last dollar that it would cost them less to just give you a new Cobra, fix yours, and sell it. They don't have to disclose damage for a used car unless someone asks and I bet the average buyer won't even notice the repairs IF they do them well.
We're talking cost (for them) for a new one ~25,000, repairs for yours ~7,000, and sell yours "program car" for 29,000.

If you get a lawyer to play the cards right, I'd expect a new car.

 

[shoguy]

take a lwyer with you man ...dont let them skrew you over....skrew them

 

[scottyb]

Originally posted by shoguy
take a lwyer with you man ...dont let them skrew you over....skrew them

HEY! What's a Buick guy doing on a SVT website? :-D

 

[beefcake]

i can't believe no one has said this,

if he is just pulling into a bay or something at slipping clutch type rpms, and his foot slipped off the clutch, the car would probably stall, oh wait, he then hit the gas, my ass, he was showing off

dude, you need to call a lawyer, i can't believe you haven't yet

the dealership will not replace the car,

you still haven't answered something, does this dealership have a body shop on premise?

did you know it was going off premise?

what exactly is "we owe you" that it wen't there for in the first place?

 

[TopRacer]

OUTCOME OF TODAY'S MEETING

1) I went to the body shop and we talked for a second or so and the owner stated that we should go to look at the car.
2) Went to the car. He stated that they have a machine CAR-A-LINE that is used to check the measurments of all lengths and widths of the car. The car is sitting on a ramp with the machine lined up with the holes on the car. He stated that if there was any part that was scratched, dented, nicked, cracked or whatever on the car, it was ordered for replacement. Every piece that was damaged was off the car and sitting in a pile. The only part that was set, not mounted, on the car was the new and freshly painted radiator support. The machine was put up to this also to see if this is lined up.
3) I asked to have him co through the process of how they determaine if the car is lined up or not. He had his framer come over and explain the CAR-A-LINE machine. He explained to me that new cars are exmained with this machine and put on a sheet with all the measurements. The measurements are an average of 10 cars. He went over all measurements and showed me the measurements of my car. He stated that the measurements have a tolerance of 3mm. Throught all of my measurements my car was only off by ~2mm twice and ~1mm three times and on the mark the remaining 7 times. The main point was that the front end was the part that was the most accurate. I was very pleased.
4) We discussed how the payment of the body parts were and he stated that the accident was NOT reported to the police nor was it handed into their insurance. He claims that he did not want to have the accident recordable and then me sue for diminished value.
5) We also made a verbal agreement that before I take ownership of the vehicle that a contract would be drawn up and signed by both of us that would inlcude a warrent of all work that they did and have it warrentied for the life of the car. The paint is covered by the paint manufacturer and will also be include into the contract.
6) He stated that if I am in anyway unhappy with any part of the car that he will do anything to make it right. I told him that I am not going to take the car back unless I am 100% satisfied.


I am going to accept this vehicle back. This is my decision and I am the one that has to live with it for the rest of my life. In my opinion, the car will go back together to pre-accident form and they will prove the messurements again after the car is back together. If I dont believe that the car is they way that I want it, I'm not going to accept it. The fact that they are backing up all their actions and that their shop has the CAR-A-LINE device that measures the car.

Well that is the story and that is how this situation is going to come out...

I want to thank everyone for all the advice they have given me and the support for this situation.

Any Comments from anyone on this situation??

THANKS!!

 

[TruBlu03]

Well, it is your choice to make and I certainly won't argue or bash you about it. I do however think it is a mistake and will offer some advise,(if you want it or not ). You really should get an attorney to help you with this, they breath, eat, drink, sht and pss contracts. There is no way for you to know that your agreement won't be honered 3 years from now.

All I can say is please please please consult a lawyer before signing anything! Verbal aggreements mean nothing in this day and age and can be backed out of if needed.

Btw, did they strip, test, order and assemble anything without your written approval??? They know what kind of trouble they are in and what it could cost, personally and for the business. It seems to me they are trying to lead you to the resolution THEY want,(quickly I might add). Sure they are treating you well now, is in THEIR interest, not yours.

Please please please please please consult legal representation before you sign or commit to something you may regret later! :whine:

 

[ArizonaSnake]

Well ...
It is your car. I disagree with your decision. I've been through "we'll make it right" with body shops before.

Also you get nothing for diminished value.. unless of course it doesn't get reported anywhere and you aren't honest with someone when you sell it.

Good luck. I hope it works out for you.

 

[Gatorac]

I would accept absolutly, positivly nothing less than a new car. No if, ands or buts. You paid your dues for a new car. You deserve to be driving a new car.

However, if you are satisfied with what they are offering, that is all that counts. I hope everything goes well for you and your Cobra. Maybe you can get them to throw in some chrome wheels when the become available.

 

[Hammer]

Originally posted by TopRacer
I am going to accept this vehicle back.

Best of luck to you and I sincerely hope it all works out. I am, however, fearful for you that things will not go quite as you have outlined in the dealer's resolution proposal to you.

Remember this: lots of things work good in theory.

There are body shops that can do custom body and paint work that rivals any new car and factory paint. Those body shops are, however, VERY expensive and very rare.

In many aspects, unfortunately, you are behind the "eight ball" in this ordeal. For starters, they are going to tell you ANYTHING to make you happy and avoid litigation. They realize that this is their fault and they are vunerable.

As far as I can see, their biggest hurtle was to convince you to agree to fix the existing car. As you said, it was your decision and it's your car but if it were me, I would NEVER have agreed to that. Automotive professionals (sales, mechanics, etc) are among the biggest crooks on the planet and they know how to work the consumer.

As they are fixing your car, you will be told EXACTLY what they know you want to hear. Sadly, you know nothing about body work, proper and improper procedures and you can't be there to watch over them every minute. So the reality of it is that you won't know what they did to your car...you will only have what they have told you to go by.

HOW DO YOU KNOW THAT YOUR CAR IS STRAIGHT? Was it an independant consultant that you brought in to measure it? Or was it someone who has the body shop's best interest at heart? Think about that. Your car could have been out of spec 2 inches and they probably would still have lied to you.

Remember: our cars have unibody frames. They don't withstand too much in the way of impact force. I had a 93 convertible that I lost control of and drove up a curve. The damage was only 2% of yours and my frame was bent. It was straightened but the car "crabbed" on an angle forever after that. It wasn't very noticable but tires wore an irregular pattern because of it.

HOW CAN YOU BE SURE THEY WILL USE ALL NEW PARTS? Would you really know the difference between a brand new K-member or one that was straightened and re-painted? How about a door panel with some Bondo in it versus a new one? It's not always so easy to find a body shop's sneaky tricks...BELIEVE ME!!

And remember the nature of the situation you are in: the body shop needs to fix your car at their own expense. They don't want insurance involved or reports recorded. Personally, the biggest flag that they are trying to roll you on this deal is their resistance to filing a police report. You NEED that for a solid defense. If they are bearing the expense "out of pocket", do you REALLY think they won't cut corners wherever they can? Think about that too.

Please don't misunderstand me. I am not trying to make you feel worse or make you paranoid. I am only trying to offer constructive advice and help you open your eyes. Arguing and fighting with a dealership is not a pleasant experience. Anyone would be inclined to buy into their BS in an effort to turn a "blind eye" to the painful truth and take the "path of least resistance". And if it works out for you, I'll be very very happy on your behalf.

But I think that you have a better chance of hitting the lottery than you do getting a "whole" car back after this ordeal.

And, if you let them fix it and go through a lot of time, money and work, it will be much more difficult for you to win a litigation and get a new car; should yours not be satisfactory in the end (chances are that it won't be).

Think about their defense: "Judge, the defendant agreed to allow us to fix the vehicle. We spent XX dollars and he backed out of the deal. If he had refused in the first place, we never would have spent all that time and money fixing the car..."

Just give it all some hard thought and careful consideration. Your relationship with the dealership is not a popularity contest. Do you care more about your $35,000 new car or what the dealership thinks of you? F*CK THEM!!!

In any event, I wish you the best of luck with this.

 

[sohowcome]

Originally posted by LIGHTNING LARRY
I just saw the pics. Tell him where to shove that wrecked baby.
I don't know how you kept from hitting him. You did good.
:bash: :bash: :bash:

Exactly................. That is teerible sorry to hear about that


_Zach