Mustang_Scotty Posted July 17, 2008 Report Share Posted July 17, 2008 As you guys know about my damaged Shelby delivery. So I finally got my estimate from the shipper today. Since I fixed the car before they could come and look even though they have pics. They said the total damage to be replaced by their body shop was $238.17. The sticker cost me $300.00 I wish I could scan the estimate on here but it's in my e-mail in Adobe. Does anyone know a lawyer in NY I could use for this. Should I sue them? Link to comment Share on other sites More sharing options...
shelbymotorsports Posted July 17, 2008 Report Share Posted July 17, 2008 As you guys know about my damaged Shelby delivery. So I finally got my estimate from the shipper today. Since I fixed the car before they could come and look even though they have pics. They said the total damage to be replaced by their body shop was $238.17. The sticker cost me $300.00 I wish I could scan the estimate on here but it's in my e-mail in Adobe. Does anyone know a lawyer in NY I could use for this. Should I sue them? MS I would counter their offer at say $300 and chalk it up as a lesson learned. You lost your advantage when you had the car repaired before settling on damages. I'm not saying thats right but thats just how these guys work. I know of no lawyer that would take your case unless you want to pay their hourly rate. Wish you the best. Steve Link to comment Share on other sites More sharing options...
69dejavue Posted July 18, 2008 Report Share Posted July 18, 2008 MS I would counter their offer at say $300 and chalk it up as a lesson learned. You lost your advantage when you had the car repaired before settling on damages. I'm not saying thats right but thats just how these guys work. I know of no lawyer that would take your case unless you want to pay their hourly rate. Wish you the best. Steve unfortunately you will be fighting for only 61.00 and it will cost more than that to sit with an attorney for 1/2 hour. Link to comment Share on other sites More sharing options...
Mustang_Scotty Posted July 18, 2008 Author Report Share Posted July 18, 2008 Well then, I guess Im done. Link to comment Share on other sites More sharing options...
ShelbyDude Posted July 18, 2008 Report Share Posted July 18, 2008 Well then, I guess Im done. They are saying TOTAL damage is $268??? Didn't you say it was costing around $2,500 or something? Link to comment Share on other sites More sharing options...
JeffIsHereToo Posted July 18, 2008 Report Share Posted July 18, 2008 http://consumerist.com/ Link to comment Share on other sites More sharing options...
YZD263 Posted July 18, 2008 Report Share Posted July 18, 2008 MS I would counter their offer at say $300 and chalk it up as a lesson learned. You lost your advantage when you had the car repaired before settling on damages. I'm not saying thats right but thats just how these guys work. I know of no lawyer that would take your case unless you want to pay their hourly rate. Wish you the best. Steve +1. I wish I could tell you otherwise but in this instance, hiring a lawyer would not really make sense from an economic standpoint. Link to comment Share on other sites More sharing options...
Strawman Posted July 18, 2008 Report Share Posted July 18, 2008 Was the total you paid just $300, or was that just for the sticker, and you had additional charges? If you're just $60 whatever apart, I'd try to squeeze them and not worry about it. If, OTOH, your damages were greater, I'd consider small claims court if they won't pay. Did you get more than one estimate? Did you agree to any disclaimer agreeing to accept their payment schedule or allow them to make repairs? Obviously, there is much to consider. Link to comment Share on other sites More sharing options...
twobjshelbys Posted July 18, 2008 Report Share Posted July 18, 2008 Most states have a small claims court - "do it yourself". Link to comment Share on other sites More sharing options...
Mustang_Scotty Posted July 19, 2008 Author Report Share Posted July 19, 2008 My damages were $2500.00. As of now I didnt sign anything. Theywant me to sign something and then they will realease the measly $268.00 check. I have pics of the whole thing but can I file in my state since they dropped it off here. Dont forget, they are a big company and I'm some poor idiot who hired them. Should I just take the pennies they are offering? They deserve to pay more. Link to comment Share on other sites More sharing options...
ColdwaterHotrod Posted July 19, 2008 Report Share Posted July 19, 2008 go for it & then worse case, settle out of court for an agreed amount Link to comment Share on other sites More sharing options...
StratGirl Posted July 19, 2008 Report Share Posted July 19, 2008 My damages were $2500.00. As of now I didnt sign anything. Theywant me to sign something and then they will realease the measly $268.00 check. I have pics of the whole thing but can I file in my state since they dropped it off here. Dont forget, they are a big company and I'm some poor idiot who hired them. Should I just take the pennies they are offering? They deserve to pay more. Where in NY do you live? Link to comment Share on other sites More sharing options...
ShelbyDude Posted July 19, 2008 Report Share Posted July 19, 2008 My damages were $2500.00. As of now I didnt sign anything. Theywant me to sign something and then they will realease the measly $268.00 check. I have pics of the whole thing but can I file in my state since they dropped it off here. Dont forget, they are a big company and I'm some poor idiot who hired them. Should I just take the pennies they are offering? They deserve to pay more. Claiming damages of $2,500 and the insurance company claiming it could have been repaired for only $268 is frivolous and an insult! Parts and material alone cost more than that. Is this their insurance company claiming this or the trucking company claiming this? You have pictures of before and after showing all the damage. Even if you didn't win the full amount, you will win a heck of a lot more than what they are claiming! The Judge may award somewhere around $1800 - $2000 if not the full amount, but there is no way they will get away with only paying $268, especially when you have proof of what you actually paid. While repair costs may vary somewhat from body shop to body shop it ain't going to vary by $2200 on a $2500 claim! MAYBE within $500 or so, but that is about it! Small claims should be a slam dunk with being able to win $1800 or more. Sue for the full amount you paid and let the Judge decide if you are entitled that amount or if you have to accept anything less. Whatever that amount ends up being it will be a heck of a lot more than $268!!! Link to comment Share on other sites More sharing options...
JeffIsHereToo Posted July 19, 2008 Report Share Posted July 19, 2008 Shouldn't you have filed a claim with your insurance company then had them subordinate to the trucking companies insurance company and do the fighting for you? I think you should consult with your insurance company it won't go against you. Link to comment Share on other sites More sharing options...
motorjock205 Posted July 19, 2008 Report Share Posted July 19, 2008 My damages were $2500.00. As of now I didnt sign anything. Theywant me to sign something and then they will realease the measly $268.00 check. I have pics of the whole thing but can I file in my state since they dropped it off here. Dont forget, they are a big company and I'm some poor idiot who hired them. Should I just take the pennies they are offering? They deserve to pay more. Scotty, If they are offering only $238.00 and your estimate or actual cost of repairs was $2500.00, I'd just tell them that I would be seeing them in court for that insult. They screwed the car up, and are trying to get out of it cheap...DONT let them do that...make them pay for all of it... As far as you taking care of the repairs before they did anything, sounds to me like they drug their feet on getting anything done in the first place, you had a brand new car, and I'm sure you're like me, you don't want to drive a car around with a bunch of damage on it... Throw in some mental anguish on there too...we all know how you were distraught when you saw what had been done... Good Luck! Link to comment Share on other sites More sharing options...
Mustang_Scotty Posted July 19, 2008 Author Report Share Posted July 19, 2008 I live in Yorktown NY and work in Yonkers NY Where in NY do you live? Link to comment Share on other sites More sharing options...
Mustang_Scotty Posted July 19, 2008 Author Report Share Posted July 19, 2008 I guess I could of called my insurance company but I have specialty insurance from Grundy on the car for 2 days and it's only $600.00 a year for the Shelby with no miles restrictions and I really didnt want to make a claim after 2 days of the policy. Shouldn't you have filed a claim with your insurance company then had them subordinate to the trucking companies insurance company and do the fighting for you? I think you should consult with your insurance company it won't go against you. Link to comment Share on other sites More sharing options...
Mustang_Scotty Posted July 19, 2008 Author Report Share Posted July 19, 2008 Isn't it amazing. I'm just wondering. I'm sure I could apply for small claims here in my state and have them come here because if I had to go there it would just be a cost factor for me. Scotty, If they are offering only $238.00 and your estimate or actual cost of repairs was $2500.00, I'd just tell them that I would be seeing them in court for that insult. They screwed the car up, and are trying to get out of it cheap...DONT let them do that...make them pay for all of it... As far as you taking care of the repairs before they did anything, sounds to me like they drug their feet on getting anything done in the first place, you had a brand new car, and I'm sure you're like me, you don't want to drive a car around with a bunch of damage on it... Throw in some mental anguish on there too...we all know how you were distraught when you saw what had been done... Good Luck! Link to comment Share on other sites More sharing options...
JeffIsHereToo Posted July 19, 2008 Report Share Posted July 19, 2008 I guess I could of called my insurance company but I have specialty insurance from Grundy on the car for 2 days and it's only $600.00 a year for the Shelby with no miles restrictions and I really didnt want to make a claim after 2 days of the policy. That's what it's there for, and they will in turn want their money back so they will go after the trucking company, even getting your deductible back. That's what happened in my case anyway. My insurance company said don;'t worry we'll get it fixed and go after them. Link to comment Share on other sites More sharing options...
Mustang_Scotty Posted July 20, 2008 Author Report Share Posted July 20, 2008 I think it's too late now. The car is fixed. That's what it's there for, and they will in turn want their money back so they will go after the trucking company, even getting your deductible back. That's what happened in my case anyway. My insurance company said don;'t worry we'll get it fixed and go after them. Link to comment Share on other sites More sharing options...
William Rodgers Posted July 20, 2008 Report Share Posted July 20, 2008 Small claims court, the Judge always takes the side of the local resident, especially against a Big company. I am a Regional Manager for a Big Retailer, I do not even have my guys go to court, Judge expects you to Do the Right Thing even if we have no fault. This is your best bet in my opinion. Link to comment Share on other sites More sharing options...
Strawman Posted July 21, 2008 Report Share Posted July 21, 2008 I agree. If you had this work done at a reputable shop, you probably have a strong case. Most shops work from a book that details repair times and parts costs. Go to your local courthouse and file a small claims case, it'll probably cost $100-$200(?) to file the case, which they'll have to pay if you win. If everything is as you say, I think you'll do well, you just have to do the work. Link to comment Share on other sites More sharing options...
StratGirl Posted July 21, 2008 Report Share Posted July 21, 2008 I live in Yorktown NY and work in Yonkers NY If you have any legal questions or need guidance on a small claims suit, feel free to PM me anytime. I was going to invite you to my law office, but I'm a but too far away. Link to comment Share on other sites More sharing options...
Mustang_Scotty Posted July 23, 2008 Author Report Share Posted July 23, 2008 I have been reading up. It will only cost around $15.00 to file a case. But im confused. I think I have to file in the state where the defendant is. But they delivered to me. I want to file locally. Does anyone know.? Link to comment Share on other sites More sharing options...
ShelbyDude Posted July 23, 2008 Report Share Posted July 23, 2008 I have been reading up. It will only cost around $15.00 to file a case. But im confused. I think I have to file in the state where the defendant is. But they delivered to me. I want to file locally. Does anyone know.? They are doing business in your State. So just file at your county court. PM stratgirl. She is in NY and offered to help you with any questions you have. Link to comment Share on other sites More sharing options...
Mustang_Scotty Posted July 26, 2008 Author Report Share Posted July 26, 2008 I cannot file in my state. So i guess they took a chance I wouldnt do it in thier state. So I guess they win. They are doing business in your State. So just file at your county court. PM stratgirl. She is in NY and offered to help you with any questions you have. Link to comment Share on other sites More sharing options...
ShelbyDude Posted July 26, 2008 Report Share Posted July 26, 2008 I cannot file in my state. So i guess they took a chance I wouldnt do it in thier state. So I guess they win. Who said? Call around to some attorneys and see if one would take it by adding his cost to the case. You win they pay all costs! Link to comment Share on other sites More sharing options...
SWEDEMAN Posted July 26, 2008 Report Share Posted July 26, 2008 Small claims court, the Judge always takes the side of the local resident, especially against a Big company. I am a Regional Manager for a Big Retailer, I do not even have my guys go to court, Judge expects you to Do the Right Thing even if we have no fault. This is your best bet in my opinion. FYI - Once you submit to a small claims court the individual or company you are filing against can order an optional jury trial for small claims, at least in California, Oregon and Washington. That means you will have to either take the chance of representing yourself and facing their staff attorney or hiring an attorney. Small claims is not as easy as it seems if you have a person or company that knows the law. I think they should just pay up, those frign' sleeze bags. Tell me which hauling company is this again and I'll pass the word. Link to comment Share on other sites More sharing options...
ShelbyDude Posted July 26, 2008 Report Share Posted July 26, 2008 FYI - Once you submit to a small claims court the individual or company you are filing against can order an optional jury trial for small claims, at least in California, Oregon and Washington. That means you will have to either take the chance of representing yourself and facing their staff attorney or hiring an attorney. Small claims is not as easy as it seems if you have a person or company that knows the law. I think they should just pay up, those frign' sleeze bags. Tell me which hauling company is this again and I'll pass the word. When did CA change it that you can have a jury trial in small claims??? I have been to small claims in CA numerous times and you could not have an attorney nor was there anything that allowed a jury trial. That was the whole point of small claims court. If you lost in small claims then you could appeal and then go to civil court and there you could have an attorney and/or jury trial. But not in small claims. This was in the 80's and early 90's when I was there. Have they changed it since then? At any rate, I can't imagine this company wanting to have a jury. They damaged a brand new car. Period! What jury would find in favor of them???? It is one thing if the damage cost $2500 and he was wanting $10K or something. But claiming they could repair $2500 of damage for only $268 is an absolute JOKE, not to mention an insult. Link to comment Share on other sites More sharing options...
2007GT Posted July 26, 2008 Report Share Posted July 26, 2008 I think it's too late now. The car is fixed. I'm not a lawyer. I am not, I repeat NOT giving legal advise. However, I am a claims adjuster. It appears that by offering you the $268.00 that they have accepted liability. You in the process of having the car repaired, established the reasonable and necessary repair costs. It would appear that this is the amount owed. If you took it into a bodyshop and presented their estimate for $268.00, the shop would be on the phone with them the same day requesting a supplement to the original estimate. This is the same thing, only the repairs are complete and the total cost is established. Due to the fact that they have photos and a repair invoice in their possession, their reluctance to "make you whole" could possibly even enter into the realm of bad faith which no insurer wants to defend against. I would hire a public adjuster to go after them. Just my .02 worth. Good luck. Link to comment Share on other sites More sharing options...
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