Dealership and Shady repairs, should I sue?

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

  1. bryan21384

    bryan21384 Road Train Member

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    Looking at those pictures, and reading that post, you didn't need repairs. You needed a new truck.....the cost for labors and repairs is almost the cost of a brand new truck...could you sue them....I'm sure, but that's more money spent there, with no guarantees of victory. You rolled that truck pretty good. It's never going to be the same. I think I would have cut my losses and started over.
     
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  3. bryan21384

    bryan21384 Road Train Member

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    Yup because it's cheaper to do that for them.....it's weird how they we're willing to pay 100000 in repairs but would not total it out
     
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  4. AModelCat

    AModelCat Road Train Member

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    I can't see how hiring a lawyer will solve anything. The repair shop is going to deny everything. If you signed off on it, saying you were satisfied with the condition, then drove it for 3 weeks, they're going to say it all happend after it left their shop.
     
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  5. Omega7777

    Omega7777 Medium Load Member

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    might have to disagree. you sign it off so you could take it out of the shop but if problems occur right after, the shop is to blame. arent there many cases where the repair shops are even responsible to extra damages that werent there before their crappy repair jobs. my advice would be to contact your insurance, get a lawyer, and keep track of all communications and paperworks. best wishes. hope you could get back on your feet soon. the lawyer should able to tell you what your options are. im feeling like he/she will go after the insurance company, force them to go after the repair shop. you should get everything back as it should be. i would go all out and go after the insurance companies (your and the other party's) for things like loss of income, stress and mental health, and such. nothing is impossible, get a good lawyer
     
    Last edited: Dec 25, 2018
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  6. AModelCat

    AModelCat Road Train Member

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    Don't get me wrong, I hope he gets his truck fixed correctly. I'm just saying its going to take more work now because he took it and put it to work for 3 weeks.
     
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  7. Omega7777

    Omega7777 Medium Load Member

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    yea feel like the other party insurance company and his insurance company are screwing him. best bet is to get a lawyer asap
     
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  8. Moose1958

    Moose1958 Road Train Member

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    You need to broaden your thinking a bit. First just because the OP accepted the truck did not in any way cause him to lose his rights in regard to the work being done correctly. Further, there is no way without a long and costly inspection to know the true condition of the truck at that time. This is why a shop should be standing behind their work. Fail to do so and develop a pattern of shotty work and you can lose your business. I would also add that this shop can say they are the queen of Sheba! Does not mean they can prove it later in court IF this OP later proves the shotty work was done at that shop. I would also add that a good attorney will spend some time investigating to see if other people have been victimized by this same shop. No attorney is going to file a lawsuit like this without a strong case going into it. This is why an attorney that specializes in this kind of law should be at least consulted and let that attorney decide if a case can be made.

    An Attorney can also look to see if the insurance company did their jobs properly? An attorney can also look into the original incident to see about making the OP whole again. Trust me, I have dealt with attorneys before, they will give you a few free minutes to see if there is a case. If they see a case some will take the case on a contingency basis. I also would not just limit my inquiries to just one attorney either! I would seek out at least 3 consultations with 3 different attorneys too. A good attorney will NOT charge for 15 or so minutes to sit and speak to you.

    I went through this process several years ago with one of my investment brokers. The guy was a tool and was making decisions that he did NOT have my power of attorney to do. He cost me a 6 figure amount of money over 3 years. Today this person has been barred from doing banking and investment work. I went through 5 attorneys before I found the one in Norfolk that got involved. In the end, I won my lawsuit got my money back with a punitive damage award from the bank (his employer)I took to court.

    I believe in Attorneys. However, attorneys are like Physicians and mechanics. You have to weed through the tools to find somebody that knows what they are doing!
     
  9. gekko1323

    gekko1323 Road Train Member

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    Shouldn't the OTHER DRIVER'S insurance be the party to pay for the repairs though?
     
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  10. buddyd157

    buddyd157 Road Train Member

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    he claimed earlier that the insurance company met its limits in paying out to the car drivers?

    i say horse pucky.........
     
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  11. SoCalRed

    SoCalRed Medium Load Member

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    OP at this point you should just walk away from the truck and file bankruptcy.
    You can try getting a lawyer, but no lawyer will take your case on contingency and I'm sure you are broke and can't afford one.
    Moral of the story is NEVER deal with an insurance company yourself after an accident THEY ARE NOT ON YOUR SIDE.
    Call an attorney that specializes in commercial vehicles and let them deal with it.
    As far as the other party insurance, yes they probably reach the limit of $30,000 (minimum required liability in most states). However they can't just pay one party and not others. Their liability limit should have been split between the injured parties. Well a lawyer would know that, but you didn't hire one.
    You can sue the driver of the car if they have anything. That will also cost you money that you don't have.
    Sorry this happen to you. Just learn the life's lesson and move on.
     
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