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hypothetical situation - what would you do?

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Old Apr 22, 2004 | 07:35 AM
  #1  
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mav
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Lets say I recently installed a bunch of new mods... vortech supercharger, aem ems, exedy clutch, some gauges. Then I drive up 250 miles away for this big meet with the rest of the local club. Since my car isn't fully tuned 100%, a good friend of mine, tags along most of the weekend in his S2000 (perfect condition, except for rock chips in his Amuse lip) just to make sure nothing bad happens and I don't suffer a breakdown. The entire weekend was great, no problems with the car... until...

On the drive back home, I suffer a breakdown. My driveshaft comes apart while I was going about 80MPH, the shop apparently failed to torque the driveshaft bolts to spec when installing the clutch. Not only that but my friend's S2000, who was following me home to make sure all is well, gets hit with the excess parts. My friend's once perfect S2000 has a severely pitted front bumper (mostly on the passenger side), a ding on the passenger side fender (hit so hard it exposed the bare metal), scratch on the passenger side mirror, another ding on the driver side fender (bare metal exposed again), two chips on his windshield thats starting to now crack, a chip on his passenger side headlight.

What should I do now?

- Talk to the shop about reimbursing my friend for his damages? If they say no then screw my friend.

- Offer to pay for my friend's damages and fight it out with the shop so I can be reimbursed.

- Call my insurance company, as this is considered an accident, file a claim and have them pay for my friend's damages.

- Screw him, this wasn't my fault so whatever. My friend can go to hell.

I ask because I'm the friend in this hypothetical situation and the person who suffered the driveshaft breakdown is being, shall we say, less than helpful. His attitude is basically "screw you, I'm only worried about me and my own car." Also I called the shop, supposely he told them that I was right behind his car when his driveshaft broke up and he asked them to look at my car. They didn't even know or had any idea what I was talking about. So I explained, they apoligized but told me that there's nothing they can do and since FL is a no-fault state, I have no legal ground to stand on.
Old Apr 22, 2004 | 07:54 AM
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I would talk to the shop. The accident was obviously a result of their negligence. They should hypothetically be responsible for the damages.

I'd hesitate contacting your insurance company. After reading an article in Autoweek recently about insurance companies cancelling insurance or denying coverage on modified cars, I would exercise other options first.

Best bet might be to contact a lawyer. You and your friend should be compensated for your losses.
Old Apr 22, 2004 | 08:12 AM
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since it was the shop that caused, or made the damage possible, i would have them pay for your damages and your friends.
Old Apr 22, 2004 | 08:23 AM
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- Offer to pay for my friend's damages.
Old Apr 22, 2004 | 09:12 AM
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Insurance for sure.....new paint job......
Old Apr 22, 2004 | 09:16 AM
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did the shop give you a receipt for their work?

grab a lawyer and demand them to pay for the damages to your car and your friend's car.
Old Apr 22, 2004 | 09:23 AM
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friend's insurance. if he says screw you then your insurance unfortunatly.
Old Apr 22, 2004 | 10:04 AM
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If I was reponsible, I would have take care of u. Probably I would have paid for ur damages and then go after the shop, or pay with my insurance.
In ocations like this is when u know who ur friends really are.
Old Apr 22, 2004 | 10:05 AM
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Small claim's court. You'll probably need your friend as a witness so make sure he's on board to testify for you. This wasn't an "accident". It was clearly negligence on the part of the shop and they're liable.
Old Apr 22, 2004 | 10:20 AM
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[QUOTE]Originally posted by Strike
Small claim's court.



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