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Honda Negligence? Help!

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Old Aug 3, 2005 | 09:25 AM
  #21  
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for those that say he has an air tight case, - why can't the dealer simply deny that the spacers were in place?? did anyone actually video tape the Tech removing the spacers

"The tech got really scared and popped the stiffners off quickly" for an air tight case you would need to PROVE this
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Old Aug 3, 2005 | 09:25 AM
  #22  
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Originally Posted by mbilderback,Aug 3 2005, 06:36 AM
I say you talk to the GM of the dealership that performed the original arrival inspection. Tell him what happened, and that you are ready to show that it happened because of their inability to do their jobs. To 'make this right' and avoid a lawsuit, you expect a new, off the truck 05 to replace your damaged one and they get to repair and resell your old one. You keep your current loan and payments. Seems to me this makes you whole, imposes damages upon the correct group, and keeps your insurance company happy.
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Old Aug 3, 2005 | 09:42 AM
  #23  
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Originally Posted by WhiteS2k,Aug 3 2005, 08:13 AM
I don't understand why you think it is Honda's negligence. Honda put the spring spacers in each and every one of their cars that are shipped across the oceans. That is not negligence, that is doing what is right for their customers because it protects the car during shipment.

The neglicent party in your case is clearly the dealer, who ignored Honda's PDI instructions to remove the spring spacers. So blame your dealer for this one, Honda was not negligent as far as I can see from your descriptions.
i completely agree but with the right lawyers, you could probably push for this.

honestly, it comes down to what you want out of this. im sure you want to be compensated for what you've been through. now, settling this with the dealer alone just to get a brand new s2000 off the truck just doesnt quite do it for me. im sure you've heard of punitive damages? if not, its extra money the court awards you to prevent the dealership from ever doing this again. its also a word out to all other dealerships to be careful when it comes to small check ups like these before letting a customer drive off the lot.

i agree with letting your insurance company take care of this. they'll do whatever they can because they sure as hell don't want to pay for this. so, we've all pretty much said you have an air tight case. like i said before, what do you really want out of this?

good luck.
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Old Aug 3, 2005 | 09:47 AM
  #24  
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I agree that the fact that the tech removed the spacers after the fact could turn into an issue. Hopefully there are pictures of the car after the wreck but before the spacer removal where you can see the spacers. Also, a car with 6k on the odo will have dirt and dust on the springs and shiney clear areas where the spacers were, DOCUMENT EVERYTHING now.

Also, working through the insurance company is a good idea. They have lawyers that would cost you a fortune. Also, a car dealership will take an insurance company's threats way more seriously than yours.
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Old Aug 3, 2005 | 10:34 AM
  #25  
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JOnas,
Thanks for the pic, very helpful!
CHris
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Old Aug 3, 2005 | 10:40 AM
  #26  
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All great advice. I don't think the spacers will be an issue as myself and the insurance adjuster both saw them on the car, and witnessed the guy taking them off. Not to mention he has a picture of the car (on the jacks with a donut) where they are installed and another picture where they are laying on the ground underneath the car. I should be okay on that.

I am an officer in the military and as such, have the JAG office, with unlimited resources, as my disposal. I contacted my insurance company as well, they are prepared to take up the fight. Lastly, I contacted a civilian lawyer to pursue the case.

Today I am going to go to Honda and tell them what I want. A new s2000 with all the options I want. If they do not comply I will let them know that I will contact the press, put advisories out on base warning against the company (a large part of their clientelle), contact my lawyer, contact the jag, and let my insurance company know they can start their lawsuit as well. I hope this is enough to deter them. If not, here we go!

I would like to know more about punitive damages. So far, I've been told b/c I didn't miss work or wasn't injured I can't sue for damages. Although I think there should still be some compensation for their negligence and almost killing me. Is that the arena of punitive damages? Thank you!

Bobby
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Old Aug 3, 2005 | 11:17 AM
  #27  
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Originally Posted by Falcongoggles,Aug 3 2005, 10:40 AM
Today I am going to go to Honda and tell them what I want. ...
I think you mean the dealer

Sounds like you have things under control. Good luck with this, please keep us posted.
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Old Aug 3, 2005 | 11:20 AM
  #28  
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Sue them, they could have killed you!!!!
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Old Aug 3, 2005 | 11:25 AM
  #29  
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how do I check to make sure these were taken off of my car...
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Old Aug 3, 2005 | 11:53 AM
  #30  
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look at your springs - do you see anything?? nope - then they were taken off - yes - then they were not taken off

also i don't think a JAG can file a complaint in the civilan area

best of luck
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