Need Help!!! NYC Garage Crashed My F355 Spider | Page 2 | FerrariChat

Need Help!!! NYC Garage Crashed My F355 Spider

Discussion in '348/355' started by pchop, Aug 13, 2004.

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  1. BigTex

    BigTex Seven Time F1 World Champ
    Owner Rossa Subscribed

    Dec 6, 2002
    79,406
    Houston, Texas
    Full Name:
    Bubba
    It's a case where NOT having an attorney can get very expensive as well, so you're forced to incur the expense in a "good money, after bad" fashion..

    Like divorce, the fees are filed in the "Lessons Learned" folder..

    Here, wanna see my folder?....It's pretty thick......
     
  2. BigTex

    BigTex Seven Time F1 World Champ
    Owner Rossa Subscribed

    Dec 6, 2002
    79,406
    Houston, Texas
    Full Name:
    Bubba
    Blood in the car????? Where's this employee?

    I'd get on that angle pronto...............

    Lost Time?...Worker's Comp Claim? Illegal alien?? I'd be up that parking companies a$$ with a submarine periscope....
     
  3. titanium360

    titanium360 F1 Rookie
    BANNED

    Nov 10, 2003
    3,446
    WHART, would't you think that the garage would destroy any security camera tapes?
     
  4. whart

    whart F1 Veteran
    Honorary Rossa Subscribed

    Dec 5, 2001
    6,583
    Austin, TX
    Full Name:
    William Maxwell Hart
    There must be a standard "retention" policy, ie how long each is retained intact before it is overwritten. Their insurance may require this, as well. If the garage took steps to erase the tapes before that normal interval, it would not play real well before a jury, or a judge if it ever got that far. There are also rules and sanctions for the destruction of evidence, Enron anyone?
     
  5. tifosi

    tifosi F1 Veteran
    Lifetime Rossa

    Sep 5, 2001
    5,382
    texas
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    Tom D
    John

    sorry to hear, I loved your car from the moment I saw it on that poker rally we did, not sure if anyone asked but was the car checked with the garage as an exotic? ie you were going to pay a higher fee? I know most NYC garages charge a higher fee for f-cars to cover the liab
     
  6. TTG

    TTG Formula 3

    Jun 11, 2002
    1,555
    East Hanover, NJ
    Full Name:
    Todd Gieger
    Wow...what a bummer...i was really looking forward to seeing the car soon too.

    All the best to you.


    Todd
     
  7. karc

    karc Formula Junior

    Nov 19, 2003
    470
    wow thats awful. its hard to trust a garage with a nice car. i dont see why people cant respect the cars. same sorta thing just happened to a guy i know with his newly purchased car. it was some sort of 30s car done up for drag racing i think. i hope you get more then just a fixed 355.

    also the video doesnt play for me. only the audio does. i think i have all the newest codecs etc. anyone know what this video uses? maybe its better not to see it!
     
  8. udalmia

    udalmia Guest

    quicktime
     
  9. wax

    wax Five Time F1 World Champ
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    Jul 20, 2003
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    Dirty Harry
    I was thinking the same thing.
     
  10. Kram

    Kram Formula Junior

    Jul 3, 2004
    867
    Park bench, Canada
    Full Name:
    Mark
    Does your parking ticket have any liability stuff written on it? It might have a damage disclaimer in the small print. How about your own car insurance? Painful though it is to consider looking to your premium to get their accident fixed there might be a bit of overlap so that your insurance company can wrestle - at their expense - with the garage insurers. The idea is to get you back on the road without busting your wallet or changing your life and civil litigation can quickly do both.
    As for the joy ride theory - do you have a rough idea of the milage when you parked?
    Good luck!
     
  11. Dino

    Dino Karting

    Nov 3, 2003
    116
    San Diego
    From a litigators standpoint, you don't need to spend your $$$ on an attorney. This is a simple property damage claim. The liabilty carrier for the garage and/or the parking company (assumnig they are different) will recognize liabilty and offer to repair at the FMV. In my town in California, the insurance carriers handle $1.0 mil. property damage claims on big rigs, etc. on a daily basis. The fact that it is a F-car makes no difference to their liabiltiy and damage analysis. A damage waiver or release language on the parking ticket has no effect on this type of claim where it was the attendant that caused the damage. Hopefully the damage is repairable, in which case you get to take it to the body shop of your choice. The claims become more difficult where the car it totaled. Finally, the diminution in value (AKA: stigma) is difficult to recover. Your argument would be that a wrecked & repaired F-car is worth less than a F-car which has never been wrecked, and, that you must disclose the repair when you sell. Expect the insurance industry to claim that the car is fixed and 'better than new' thus, no diminution. My 15-years experience tells me that the diminution claim is there, although its settlement value is probably in the range of $5k.

    best regards-
    Dino
     
  12. Kds

    Kds F1 World Champ

    Sorry to hear of your troubles. I must have read three or four threads like this on F-chat in the last 18 months !!!

    The valet phenomenon is quite rare here in Calgary........fortunately......but common disrespect for an someone else's car is not.

    Last week two of the "lot men" from "Crowfoot BMW" took a new 330ci Cabriolet out for a joyride from the dealership (I don't know if it was a client's car or one of their own....the newspaper article didn't mention it) and at about 170 kmh (105 mph) they flipped it and totalled it off. They walked away unscathed....a testament to BMW's design and their own good luck.

    Criminal charges against them are pending and they were fired the next day. I am sure a civil suit may likely follow as well....who knows there.
     
  13. ignacio

    ignacio Karting

    Feb 25, 2004
    235
    annapolis md
    don't bother with an attorney. take it to the best shop you can and file a claim with your own insurance company under your uninsured motorist policy. your insurance company will get their money back with no hassle on your part.
     
  14. zjpj

    zjpj F1 Veteran

    Nov 4, 2003
    6,124
    USA
    That's an interesting suggestion. If you want, your insurance company will get the money, with legal representation; your premiums pay for that.
     
  15. wax

    wax Five Time F1 World Champ
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    Jul 20, 2003
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    Dirty Harry
    Normal insurance route is one thing, Ferrari, Bentley, Lambo, Chevy or not, but bear in mind folks...

    The car, regardless of marque - may have been damaged outside the garage - as in... joyriding.

    That is where civil penalty may be applicable if there was "criminal" negligence on the part of Valet. The Valet was not authorized to do anything but park the car.

    That being the case, he seeks advice outside the scope of normal Policy woes.
     
  16. tifosi

    tifosi F1 Veteran
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    Sep 5, 2001
    5,382
    texas
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    Tom D
    I saw in the other thread that John in his jeep was in accident this weekend, don't let the bad luck get you down John, in the end it sounds like you were lucky to survive.
     
  17. doug328

    doug328 Formula 3

    Mar 11, 2004
    1,599
    The Space Coast, FL
    Full Name:
    Doug B
    really sorry to hear that about your car. Like most everyone else has said, get a good lawyer and try and get everything you can (IE: repair costs, diminished valve, ect.) mabe you can get a years free parking as well, just don't bring the ferrari there again.
     
  18. speedy pete

    speedy pete Formula Junior

    Nov 1, 2003
    255
    darkside of the moon
    Full Name:
    Pete B
    Want to get some of the boys from the Bronx in for a betdown on the driver? Sorry for your loss. Insurance sucks also..I'm a 20 year insurance broker and really hate all the companies I represent. Good luck getting it sorted out.
     
  19. ignacio

    ignacio Karting

    Feb 25, 2004
    235
    annapolis md
    i would not try to investigate whether this accident occurred in a "joyride" because the insurance company would probably deny any claim. the garage driver will probably lose his job anyway--the pleasure of seeing the nerd in jail is not worth the cost of these repairs.
     

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