Need Advise Muffler shop drove my truck off lift

[thenotsofreeboat]

Re: Need Advise Muffler shop drove my truck off lift

Well as it stands the truck is sitting in the drive way. After closely looking at it it seems the transfer case caught and kept the truck from going all the way off as there is a good mark where it hit and my transmission mount and transfer case mount look pushed forward. Too bad the skid plate didn't catch but i doubt GM figured this would happen. They are sending out a claim person to size up the damage. It is just a waste of time as they are not going to fix it at all. I will get market value they said for the truck if they total it which i think I would total it, adding up what parts i can find for it on the internet i got up to 2000 grand before paint or new steps and all of those are just JC Whitney, ebay and LMC parts. I doubt GM makes parts for a 20 year old truck. Oh I don't plan on a lawyer doing my case. I just wanted some free info. After talking to the PA he was pretty clear about what needs to happen and that small claims is where i need to head if the insurance company tries to BS me. He said that the insurance company will pay, as it is a small price for them to pay me and a big reward from hiking this guys premiums up. I paid for the mufflers as they were not damaged. I got the story one more time from the owner this time it was more dramatic but at least he was calmer. The guy who started my truck was standing outside the cab it was running and "all of a sudden it took off" this guy jumped out of the door's way to keep from getting crushed against the lift support. I told him that it sounds like he was reaching from outside my truck over the steering wheel to kill it and somehow bumped the shifter. As they were finished with the leak test before that happened. He said my discount was that it didn't kill anybody. All said and done i hope i get enough to get a reman transfer case and enough for the mounts, drive shaft, and at least a door that opens and closes. I doubt i will have the truck fixed to what it was before they got their hands on it as they are not going to pay enough to fix the old truck. We shall see. I will keep you all updated. And here i thought my first post of the year would be on the old Chrysler OB.

 

[arboldt]

Re: Need Advise Muffler shop drove my truck off lift

This just occurred to me..

You must file a police accident report, because there was vehicle damage. The police need to investigate and document the accident damage.

If the vehicle had the accident while under power, and under control of someone else (i.e. you were not even present), then the person who was (or should have been) in control may be deserving of a ticket.

Even so, no matter the cause or place, any vehicle accident over a certain dollar value must be reported to the police. I would think that the fact the vehicle was suspened (6 feet?) in the air is irrelevant.

Most insurance companies require a polic accident report. Now, given that it happened in a garage, many officers might think this a joke, but insist.

The other approach you should try is to contact the corporate offices if the garage was part of a chain -- and almost all are.

 

[wncrjb]

Re: Need Advise Muffler shop drove my truck off lift

Wouldn't the shop be liable for the simple reason the parking brake was NOT set??????

wncrjb

 

[dave11]

Re: Need Advise Muffler shop drove my truck off lift

I would be one MAD SOB!

Arboldt has some good points.

 

[BF]

Re: Need Advise Muffler shop drove my truck off lift

when/if you get to the point where you are not getting anywhere, consider putting a big sign on the roof of it saying "________ muffler wrecked my truck" and park it on the street in front of their shop. Maybe write up your story and tape it inside the window so potential customers can go read it. Or just get there first thing in the AM, and sit drinking coffee on the hood while their morning appointments show up.

I know if I booked work in a shop, and there was a wreck parked in front that had your story (and about how the shop is denying responsability), I'd do 2 things.... 1) I'd go into the shop telling them they were idiots for not making it right and 2) leave.

but... this might not be the most productive if you've got a chance at getting cash from insurance co. .... but it'd feel good

 

[TilliamWe]

Re: Need Advise Muffler shop drove my truck off lift

Wouldn't the shop be liable for the simple reason the parking brake was NOT set??????

wncrjb

Liability doesn't really matter. Under their Garage Keepers policy, they have "direct primary" physical damage coverage for their customers vehicles.
And besides, the shop's insurance company is sending someone out to inspect it.
Sure they are gonna total it, it's not worth very much money. NADA is only $2950 and that is one where if it has 200k miles it doesn't deduct anything, but it should! And NADA retail value also reflects a vehicle in good clean condition, ready to be sold at a dealership. So in this case, think of it as a Maximum. The true ACV could be much lower if they use an independent 3rd party market search. And yes, GM still makes almost Every part for that truck.
The only thing for you to do, notsofree, is determine what ACV they will pay, if you are able to retain the salvage, and what amount they will charge you for that salvage. That's about all there is to it.

 

[MrBigStuff]

Re: Need Advise Muffler shop drove my truck off lift

He said my discount was that it didn't kill anybody

These are the type of comments that would have my blood boiling. This would make me want to inflict as much pain and suffering upon them that I could. Like someone else pointed out, had they accepted responsibility and been forthcoming, I would accept it as fate and gone on with life. When you try to weasel out and then blame me, the gloves come off. I would accept nothing less than being made entirely whole. That means towing charges, loss of wages, diminished value if it's not totaled etc etc etc. This echoes my sentiments exactly:

Given what you've gotten spewed at you, I wouldn't waste my time talking to the owner/manager, other than to tell them that they chose the wrong tactic and you're going to be much more aggressive than they had chosen to take responsibility and be apologetic. At least that's what I'd do...

And this is the type of language that lets them know you know your rights and are not going to be a pushover:

tell their carrier, "I didn't knowingly bring in an unsafe truck. Your insured damaged it. Your coverage is primary. If you think the vehicle has a defect, you have to prove it, and you have to pursue that party responsible. I am not the responsible party."

 

[JustJason]

Re: Need Advise Muffler shop drove my truck off lift

First.... cars don't "jump" out of gear.....It's either in park or it's in gear.
2nd... and I don't know how your 89 is... but almost all modern day cars you have to depress the brake pedal to get it out of park, was your blazer like that? Its part of the vehicles neutral safety/neutral start system.

 

[sc_shane]

Re: Need Advise Muffler shop drove my truck off lift

This is insane. I can't believe you paid them, although, after consulting a lawyer I may have if it was legally the right thing to do. Still, it would have made my blood boil.

The fact of the matter here is that you will NEVER be compensated properly for any vehicle over 10 years old. They are going to come up with a number that the truck is worth less than half of what it's really worth. Offer this to you for the title to the truck (so they can sell it as is damaged and re-coup some of their cash they just gave you) and you just got hosed. If they don't do this, they'll offer you 1/2 of what they say it's worth, which will be about 1/2 the repair costs to get it done by the dealership, done right. Again, you're hosed.

My advice to you is, if any offer seems even a little low, tell them you will get back to them, right after you consult an attorney. Then, tell the attorney to stick it to them as long as you can get some cash and keep the truck.

After all that is said and done, take them to small claims for another $5k for legal fees, missed work etc. I hate to be a vindictive @$$, but what's right is right - these guys have come no where NEAR what is right yet. If they are unwilling to be right, they get the sharp end of the stick.

 

[aspeck]

Re: Need Advise Muffler shop drove my truck off lift

Also, keep in mind that if the insurance company totals the vehicle and pay you actual cash value, then they are going to insist on the title, so they can recoupe some money when they sell it for scrap. Now, they may be willing to sell it back to you, but when you fix it up it will have a "Restored" title, showing it was totaled before.

I do feel your pain, we had some "claims" against us when we were in business ... one of our older mechanics did not tighten the lug nuts on a State Inspection and 3 days later a wheel fell off. No one was hurt, and WE towed the car into our shop, replaced the wheel and tire, replaced the fender, did ALL the body work that was needed on the car (and then did some other repairs that we saw needed done), and gave him a loaner while we were making it all right. Total cost to him - $0.00.

Another time a mechanic was driving a customers car into the garage when he did not put the seat back - too close for him to remove his foot from the gas and hit the brake - right THROUGH the garage door. Again, a loaner vehicle was TAKEN to the owner, the damage was explained, we asked for permission to take the car to the body shop for repairs, and did all the work (including what the car came to the shop for) without charging a dime.

Another time I was run off the road while delivering a car - took the car straight to the body shop. Again, up front with the owner and did all we could to keep her happy.

All situations were handled WITHOUT insurance companies being involved, and without lawyers, and all customers remained customers. This shop owner/manager is an idiot. But in the end, you are the one that looses out on a nice vehicle.

The good side is, you will get more from the insurance company that you would on the open market, and with the price of fuel, you should be able to replace that beast for less than you will recieve from the insurance company - probably be able to move up a few years and down some miles. Look at the bright side, and don't give in to the shop. You have recieved some good advice about the vehicle not jumping out of gear - small claims court should be the way to go ... and you should be asking for rental till the truck is repaired or the claim is closed, plus towing and storage expenses.

 

[TilliamWe]

Re: Need Advise Muffler shop drove my truck off lift

To all you guys that are saying you know what they will offer and how the title will look, you don't know. Every State has different laws and regulations regarding insurance practices. So unless you live in his state and are a claims adjuster, you can't be sure of anything.

CaptJason, ask Jeep about Grand Cherokees that "jump" out of park. They had a recal when exactly that happened.

An 89 Blazer does not have the "press brake to shift out of park" feature. GM didn't start using that until later than that.

 

[tommays]

Re: Need Advise Muffler shop drove my truck off lift

As was said every state is different in NY every shop has a permit from the state


In Ny this would be the way to file a complaint

 

[SuperNova]

Re: Need Advise Muffler shop drove my truck off lift

CaptJason, ask Jeep about Grand Cherokees that "jump" out of park. They had a recal when exactly that happened.

That is a close, but not completely accurate statement. The Cherokees did not "jump' out of park. It was possible to not fully put the shifter into park, which left the potential for it to still be in reverse....you'd let your foot off the brake and the vehicle would roll backwards. This was resolved by installing a "secondary" detent on the floor shifter. But even before the recall was done, if the vehicle was in park..it stayed in park.
--
Stan

 

[thenotsofreeboat]

Re: Need Advise Muffler shop drove my truck off lift

Well guys the appraiser came out. she was I would say about 23 and clue less she asked me why the tires looked small I said that is has a lift and those are 33 inch tires. Well after all of that they offered me 2558, and the tow charge, too bad my new tires (no joke still has paint on the tread from the factory) cost 1000 to buy and mount. That little Nazi put an inventory sticker on my truck that lists everything my truck has even my new tires, optima battery, and an amplifier that was in the truck before i bought it. I don't even know if that thing works I am not the amplifier type of person. It says "Salvage!! Anyone driving, removing items listed or tampering with this sticker will be prosecuted to the full extent of the law." What a bunch of crap it is like they own it while it is in my driveway. There goes my plan of the optima replacing the starting battery in the boat. I can buy the truck back and i am waiting on that figure. I think i would be happy with 3000 if i could keep my tires. I would get a salvage title if i bought it back and then have to fix that thing which would cost major money. I will not be buying another old truck my wife has informed me. First it was the Ramcharger after Holley carb, intake, headers, exhaust, tires, seats and the body work i ended up with a fine money pit with full time 4 wheel that got 3-4miles a gallon. She tolerated it, until its timely demise of more rust then the titanic underneath and never ending motor problems. Then it was the Blazer which was much better. I added up what i spent on it for tires, oil changes, filters and things like fog lights and CD player it cost me 60 bucks a month but still horrible gas mileage. After that it was a boat someone just gave to me and I am fixing it up. No more she said, we will go to a dealership and buy something reasonable just like everyone else with out the need for bondo/fiberglass and me tearing it apart in the driveway. On Saturday I bought a 06 Dodge with 28k on it and a warranty until 75k still on it. This is the first truck i have bought without just passing some cash to someone. I still don't think it is worth what they wanted for it but then again I have never bought anything manufactured in the 90's never mind the 2000's. I was 4500 under NADA according to my credit union on the price so i guess it was a good deal. Heck this morning i opened the door with the key (you know the actual manual way of opening a door) and set off the alarm. It about scared me to death for a second, that horn is loud early in the morning. I guess I have to use that button on the key to unlock it heaven forbid i just open it manually. I will talk to the family attorney seeing how he is back in town and see what he has to say about it. I bet I am going to end up in small claims messing with these people.

Aspeck that was the trucks name "The Beast" good guess.

I will let you guys know how it turns out and how the dodge tows the boat whenever i get it out.

 

[BF]

Re: Need Advise Muffler shop drove my truck off lift

bummer 'bout the salvage hassle. Curious that she'd stick a sticker on your truck if you haven't agreed to anything yet. If I had read the threat on the sticker while she was standing there, I would've peeled it off and handed it back to her... told her she can stick whatever she wants on the truck AFTER they own it.... but that's me. Maybe it's not wise to pi** her off yet. With my insurance co, any receipts that you have that are less than 6 months old, including engine work, tires etc. are considered and added onto the negotiated write-off price, which of course can be negotiated. But I doubt that's common down there. Maybe they have already upped the price based on the tires etc? I'd be collecting "for sale" ads for similar vehicles to show what local market value is. Then I'd add on the extra's like the tires etc, and that'd be my target price. If there was a good battery that you wanted to keep etc, would've been best to swap it before the adjuster came to inventory it. Oh well. You might mention that you didn't rent a car since losing yours... if you had, you could've gone after them for that too so they're still saving money.

BTW.. Congrat's on the new truck.

 

[cheburashka]

Re: Need Advise Muffler shop drove my truck off lift

Seems to me that the insurance company is trying to railroad you. They want you to take their first offer. You don't have to. I agree with the last poster that the add-ons like the tires and the amp should be compensated separately. You are legally entitled to pursue it further. I don't know if you can force them to fix the truck, but you can sure try. Most people don't dispute the insurance company's first offer.

What's blue book on the truck?

 

[TilliamWe]

Re: Need Advise Muffler shop drove my truck off lift

Cheb I addresses that above, NADA is $2950.

Notsofree, do you care to share how they arrived at the value? Would you also like to post photos and some info about your truck, so that all the guys on here can see what it really looked like?

You are all so convinced that they are cheating him, but you haven't even seen his truck. It could be pretty rough and not worth even what they offered.

Recent receipts can and often are used to add value to a vehicle. If you have the receipt for the wheel/tires, they might be able to add on, f they didn't already. As far as the sticker, they do that to prevent exactly what you planned to do. Demand to get paid for all the "extras", then remove them anyway. It's to document what was on the vehicle when they saw it. It also documents for you what they should include or note in their ACV evaluation.

 

[thenotsofreeboat]

Re: Need Advise Muffler shop drove my truck off lift

I will try to put a picture on the web (first time doing anything like this as i am bearly able to figure this kind of stuff out). Thanks for the sticky on top of the forum and the 4 cans of bud. Sorry if i caused the "database error" i kept getting a minute ago on Iboats as i was trying to pull this off. Here is the beast in all its glory. They never gave me anything that shows how they come up with the value so I don't know what counts for what. I didn't know they put that sticker on it as they took like 2 hours and didn't hang with them just let them do what ever they needed then went to the bar. I just noticed it as i was taking my tools and such out of the truck. I used the new truck to get it in the street as I need to park the new truck in the drive way got tired of me and misses having to swap places everytime she had to leave. Lets see if this works.

 

[thenotsofreeboat]

Re: Need Advise Muffler shop drove my truck off lift

Sweet, that is how you all do that. I always liked the pictures people post now i know how to do it too!

 

[puddle jumper]

Re: Need Advise Muffler shop drove my truck off lift

As an auto mechanic also. What was the guy doing out side the truck starting it any way. In every shop Ive ever worked at you never start any car/truck with out sitting in the vehicle with your foot on the brake just for that reason. What an idiot.