Dealership and Shady repairs, should I sue?

Discussion in 'Ask An Owner Operator' started by Via!via, Dec 23, 2018.

  1. Via!via

    Via!via Bobtail Member

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    Dec 23, 2018
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    20180425_041112.jpg Hello everyone
    Im new in this forum. I have been driving trukcs for little over two years.
    I bought my new truck in March , 2018.I purchased new model volvo vnl 760. On April 25th I involved in a crash. I was driving south on I 77 in North Carolina. It was about midnight,and it was drizzling. I saw flashing service truck on a shoulder repairing a car.I moved over to the left lane.But car on the right lane hits that service truck flips couple of times and ended up right in front of my rig. It happened suddenly and i couldn't react fast enough. I tried to steeer to the right and at the same time i was breaking hard.So i ended up flipping on the median.Luckily i did not get hurt.But my truck did. When emergency arrived i refused go to hospital since i was feeling ok.I had my dash cam which recorded the incident i showed that to state trooper in order to proof that it wasn't my fault.
    My truck was towed to the closest towing yard.Next morning i made phone to my insurance and reported the incident. They opened a claim.They diccided to fix my truck. My truck was taken to Advantage truck center in Charlotte NC
    They were volvo certified mechanic shop in the area. They estimated repairs for $79k which includes, $21k labor fees.
    They started working on my truck on May and finished on October During that time i called them almost every week.They used to tell me that they waiting for parts.The would also tell me after the repairs is done my truck will look like a new.
    So i waited almost 6months before i got my truck back.In other hand finance company called me every month threatening me to make the truck payments.I couldn't pay that since i was not driving truck I was doing Lyft.
    Long story short they called by end of October to pick up my truck.
    I went there on November 14th from Philadelphia.First thing i did i paid my deductible which was $2500 then i was given my truck keys. I got my keys walking towards my truck and thinking "i have new truck".When i jumped inside the cab i was wrong.Inside was dirty and full of debris.Entire cab was replaced but interior remained the same.They did not even clean the cab.I decided to take a spin in thier yard.When i was driving it my steering wheel was making noise. Also there were multiple dash messages came out I pulled over.Shut off the engine and restarted the truck.Now truck wouldn't change the gear.I rushed into mechanics shop and explained the situation. He took a look at it and told me to come back tomorrow.From that moment i realized they are not professionals.They had 6 months and they got paid $79k.But quality was not good
    Next day im back on the raod again.couple days later found out that air bags for the cabin wasn't building an air and i had to replace it.Also found multiple air leaks. Repalced fittings and air pressure manifold.
    2nd week truck started misbehave. It lost power. Took it to the shop.Fuel filters were full.
    3rd week replaced front headlight.
    I don't know what to do. They have given my list of parts that they replaced but im suspicious they did that.
    I already lost my time and my money. It looks like there is more...
    My question is can i sue this dealership for delaying the repairs and did not fix properly. Or what should i do
    Thanks in advance




    ATTACHED SOME PICS FROM ACCIDENT
     

    Attached Files:

    Last edited: Dec 24, 2018
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  3. Gdog66223

    Gdog66223 Road Train Member

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    Man i don't know what to say to that... 6 months, $79k later I would probably just ball up and cry... and its still not fixed... at this point I would try to sue... They were suppose to repair it according to DOT standards and in good working condition. Obviously headlight and steering wheel are not in good working condition. I would definately do all that you can do at this point... Don't take this the wrong way man but reading your post and the way that you type you sound like someone who can be taken advantage of easily. Not being mean but it just sounds that way.... IDK about you but if it were me in those 6 months time I would take a lawn chair over to the dealer and spread out and watch them work on my stuff... There is no law that says that you can't watch them work on your property...
     
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  4. Lyle H

    Lyle H Road Train Member

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    Your insurance company didn’t pay you for lost income during your down time?
     
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  5. Bakerman

    Bakerman Road Train Member

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    You need to get your insurance co. involved pronto, should have done that from the get-go. Tell them not to release the money until your truck is repaired to like new status.
     
  6. Snakeschasingcars

    Snakeschasingcars Heavy Load Member

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    Why didnt u call your insurance company second you seen the truck. Id of refused to accept its condition and make the insurance company battle it out.
     
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  7. ast26909

    ast26909 Medium Load Member

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    Should have told the insurance company to total the truck and get you a new truck in similar condition, the insurance company is supposed to make you 'whole'. Should have gone to hospital and yell on top of your lungs you have pain everywhere in your body, gotten an ambulance-chaser attorney and sue for 'pain and suffering' perhaps you could have gotten hundred of thousand of dollars. Too late now, you won a lottery just didn't know it. That truck will never be right again and you will spend your own money fixing the screw-ups.
     
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  8. Gdog66223

    Gdog66223 Road Train Member

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    I think he realizes all of that because he hasn't posted since we did...
     
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  9. Via!via

    Via!via Bobtail Member

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    Dec 23, 2018
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    Well, I asked about total lost. They would not do it because my truck was almost new it stil had 90% balance which equal too more than $100.000
    I was told by insurance if there is at least 70% of ip paid then they would total it
     
  10. Via!via

    Via!via Bobtail Member

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    Dec 23, 2018
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    No, they didn't. Apparently i did not purchase that option when i buy my insurance
     
  11. x1Heavy

    x1Heavy Road Train Member

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    White County, Arkansas
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    Insurance should have added up exactly what it will take to rebuild truck to like new. Then offered you the option.

    The other option they should have offered is a buy out of that truck, whatever the value it was deemed to be at.

    I had a pickup totaled at the post office a few years ago and the other party's insurance company offered me two options. A new frame for 4400 their cost lifetime fix and rebuild of entire truck (Taillights etc incidental as well) or a buy out for 6010. We sold it to salvage for 6010. We could have replaced the frame and rebuilt truck, but I am not programmed to accept a vehicle that has been "totaled" It's junk yard and vehicle replacement time.

    Your rig should have been bought out and you use the money to replace the rig and back up and running as soon as the new truck is delivered. I see that you have bank notes on that thing so eh...

    I don't know what to think, except to tell you that now you need a Lawyer. And you probably will be out of trucking for the short term as a business man yourself unless you choose to go Company Driver.

    A rollover is a very bad thing to a 18 wheeler. You already explained in good detail and it's not your fault. One moment rolling next moment problem and now on your roof. It happens.

    I think a Lawyer will need to go over everything from this day forward and see where you stand.Evidently the truck shop reveled in the 30K cash windfall off labor and truck is probably not like new according to you. As far as I am concerned the bank is going to get it with the resulting problems against your credit the next 7 years. You probably will be sued for the difference between the crashed truck half repaired sold at auction real cheap by your repossessing bank.

    Your insurance company or whomever put up the 80K to fix it did not get a fixed truck back into hauling loads. That is why I say you need a lawyer. You cannot cut Solomon's Baby in half.
     
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