Lawyer up dude.....don't get screwed....listen to the people that say get a lawyer.

 

OMG not again. This is like a fad! Good luck man. Hope you have better luck with the company than the guy thats having it out with the dealership!

 

how about pain and suffering? that's a traumatic event for car folks like us.

you should of had the police arrest the guy who was "test driving" it.

you need to have him pay for the bmw's and give it to you.

 

Keith - Had similar thing with my wife's passport but the accident was my son's fault. Insurance company didn't total the car but fixed it. Six months later i had problems with the transmission and warranty folks wouldn't honor it saying the accident caused the transmission problems. At that point, insurance claim was closed and they would'nt do anything. Just something to think about.

I think at this point if the car is totaled, you will get what you want. If they don't total the car, I think you should push for another car that has not been in an accident. You really never know what will happen with the original car later on down the road.

If they don't agree to that, then get a lawyer.

AND DOCUMENT EVERYTHING!!! Every phone call, document with a letter stating what was said and mail it to them return receipt required. Not only will it help you later on if you go to court, but it sends a message to them (if they have any brains) that you are preparing for a court case.

Good luck - and don't give in on what you want. It was totally their fault, and the tire dealership has insurance for just this type of thing.

 

man that sucks, i always wait when their is service being done to make sure they don't "test" drive it

 

Sorry to hear that man, that totally sucks.

Two things I always think about in these situations (which unfortunately have been happening a lot lately):

1) Doesn't the ECU prevent you from engaging VTEC before the engine is warmed up? There's no way these guys would know that or bother waiting.

2) If you install the Modifry shift beeper and set a loud horn to go off at, say, 4500 RPM, and the tech claims the sound scared him and he backed off suddenly, losing control, whose fault would that be? Why doesn't Honda just set the ECU to disallow VTEC when the gray valet key is used?

 

Was this the Les Schwab on State and about 4500 south? Sounds like it is that Les Schwab and the BMW's that he hit are from Secured Car Brokers next door, yes?

Well best of luck in getting this all worked out!

 

If a mechanic or alignment technician is hitting 4,500 RPM he's already driving the car faster or harder than he should. The sound of the valet siren I have is very much like having a cop turn on his sciren behind you, and I don't think you can blame the cop of you wreck when he tries to pull you over. When you drop off the car you should probably also tell them that they are not to rev it beyond 4,000 RPM.

Of course with a car like mine (supercharger, LSD that is "not for street use", and so on) if I let anyone else drive the car and they have an accident they can blame it on the mods and take me to court. LOL, I think I'm going to start asking people to sign a waver before they drive the car.

Keith - Read all the advice Golfnut posted and keep it in mind as you go forward. The only thing I can add to what he said is that I think you should seriously consider getting a lawyer NOW. You don't know the detalis of the laws in your state, and if you're not careful that can cause you grief. For example, most insurance companies will try to get you to sign a release before they give you a check. Here they will tell you that they cannot give you the check until after you sign the release. However, in point of fact, you never have to sign anything you don't want to sign, and signing their release can get you into situaitons like Golfunt had with his transmission. You should not sign any kind of release until the car is fixed and you are certian that no damage was overlooked. Insurance companies WILL pay without your signing their waver first, at least here in Georgia, and you don't want to let them off the hook until everything is fixed to your satisfaction. A good lawyer will know the details of the law in your state and can save you grief. (A bad lawyer will take your money and let you get screwed anyway, so select carefully.)

 

I think that is the first s2k to go down in utah. Sorry to hear about that. Hopefully I will see you at a meet with a new 07..

 

MasterVTEC, You are correct with both of those statements.


Update (4/23/07):

The car has been moved out of the tow lot and over to a body shop of my choosing. The Les Schwab chosen appraiser went to look at the car before it was moved to the body shop and quoted a number of $9000 in cosmetic damage alone. Keep in mind this is just a rough estimate. I am having the body shop put the car on a frame rack today to see if there is any damage under the car. They will also be tearing apart the car to see if there is any damage that cannot be seen with the naked eye. With any luck the car will be totaled and I can skip any litigation. If its not totaled, i'll go from there. Thanks everyone for the comments and I will post more updates as they come.