Honda Negligence? Help!
I'll give an update since Bobby's MIA (in las vegas for the weekend I know that).
He's meeting with a civilain attorney next week i think- the JAG referenced him to the civil side (as we all knew he would). Other than that, no news....don't you hate waiting?
He's meeting with a civilain attorney next week i think- the JAG referenced him to the civil side (as we all knew he would). Other than that, no news....don't you hate waiting?
Sorry for the delay (an extra apology to general Morris). My first meeting went with the JAG. He told me JAGs usually get involved with cases of civilian abuse of military personnel (i.e. charging 20% apr to clueless privates), but he would help if I wanted to take Val Strough Honda (located in Monterey, CA) to small claims court. He can oversee my drafting of documents, etc. so I can represent myself.
From there I met with a civilian attorney. He told me because I was not injured, the possible payout from filing against the dealership wouldn't cover the cost of attorneys fees. Furthermore, most dealerships include attorney fees stipulations in their contracts so that if I lost, I would have to pay theirs as well. Being that I didn't want to get charged 10K attorneys fees I realized my options were limited.
On a positive, the attorney informed me you can only sue a company once and that if I took Val Strough to court I could jeopardize my insurance company's lawsuit. As a way of using this to my advantage, I am going to contact my insurance company and tell them that they must try and get reimbursment for car rental, loss of use, vehicle value loss, etc. on my behalf. If they refuse then I will tell them that I will pursue the case myslef (with JAG help) in small claims court, effectively nullifying their possibility of recouping the 8.2K in car damages. The best case scenario is for them to recognize the catch-22 and help me out, as they should have been doing since the beginning.
Additionally, I went back and spoke with the GM of Val Strough Honda. Many weeks ago he told me he would "get back to me." He did not, nor has. In fact, when he gave me his card he scratched out his personal number, stating "that's not good anymore" and wrote the general honda number on it (hmmmm...). When I returned, I told him "the right thing" to do in this situation according to my insurance company, this website, everyone I talk to, and the civilian/military lawyers is to reissue the lease. I told him he will take possession of the crashed car (a negative for him), but he would get a new lease from me (a positive as it will count towards his sales results). Furthermore, my insurance company would drop their lawsuit as they would have no grounds (another positive). If he did not, the dealership would get stuck with lawyer fees, miss out on leasing another car, and have the scorn of people from this site (I specifically gave a shout out to you all at S2KI). Now we are in a waiting game. The car will be fixed in a couple of weeks, my insurance company is going to go after them, and the dealership is going to be "getting back to me" (yeah right). I'll give more updates as this pans out. Should be an interesting ending.
Sorry again for the delay,
Bobby
p.s. when I was in vegas my friends won two hold 'em tournaments and blew 4K at the bar in two nights...no need for a car, I couldn't drive let alone walk anyways.
From there I met with a civilian attorney. He told me because I was not injured, the possible payout from filing against the dealership wouldn't cover the cost of attorneys fees. Furthermore, most dealerships include attorney fees stipulations in their contracts so that if I lost, I would have to pay theirs as well. Being that I didn't want to get charged 10K attorneys fees I realized my options were limited.
On a positive, the attorney informed me you can only sue a company once and that if I took Val Strough to court I could jeopardize my insurance company's lawsuit. As a way of using this to my advantage, I am going to contact my insurance company and tell them that they must try and get reimbursment for car rental, loss of use, vehicle value loss, etc. on my behalf. If they refuse then I will tell them that I will pursue the case myslef (with JAG help) in small claims court, effectively nullifying their possibility of recouping the 8.2K in car damages. The best case scenario is for them to recognize the catch-22 and help me out, as they should have been doing since the beginning.
Additionally, I went back and spoke with the GM of Val Strough Honda. Many weeks ago he told me he would "get back to me." He did not, nor has. In fact, when he gave me his card he scratched out his personal number, stating "that's not good anymore" and wrote the general honda number on it (hmmmm...). When I returned, I told him "the right thing" to do in this situation according to my insurance company, this website, everyone I talk to, and the civilian/military lawyers is to reissue the lease. I told him he will take possession of the crashed car (a negative for him), but he would get a new lease from me (a positive as it will count towards his sales results). Furthermore, my insurance company would drop their lawsuit as they would have no grounds (another positive). If he did not, the dealership would get stuck with lawyer fees, miss out on leasing another car, and have the scorn of people from this site (I specifically gave a shout out to you all at S2KI). Now we are in a waiting game. The car will be fixed in a couple of weeks, my insurance company is going to go after them, and the dealership is going to be "getting back to me" (yeah right). I'll give more updates as this pans out. Should be an interesting ending.
Sorry again for the delay,
Bobby
p.s. when I was in vegas my friends won two hold 'em tournaments and blew 4K at the bar in two nights...no need for a car, I couldn't drive let alone walk anyways.
Bobby,
Sorry to see that is looks like your options are so limited- sometimes the law has a way of kicking you in the nu*ts. Hopefully the GM will do the right thing.
Glad you made it back from Vegas alright, can't wait til you come out again. Gimme call to update me-
J
Sorry to see that is looks like your options are so limited- sometimes the law has a way of kicking you in the nu*ts. Hopefully the GM will do the right thing.
Glad you made it back from Vegas alright, can't wait til you come out again. Gimme call to update me-
J
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