Audio stolen from dealer, need input

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Old 12-10-2002, 02:26 PM
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Audio stolen from dealer, need input

well, as some of you may recall, my amp and equalizer was stolen from Walker Acura, of New Orleans, Louisiana. My car was in there for a new transmission. When they were done, I went and picked up the car and noticed that my stuff was gone. I talked to the Service manager, Andrew Haag, and he told me that it was a clean jack; whoever stole the stuff had enough time to just take my stuff without clipping any wires or breaking any windows. After that, he told me to fax him an estimate of what was stolen and he *WILL* pay for it. I was like ok then, no police report, cuz it sounded so true.
So i went to Mikes Audio in Baton Rouge to get an estimate and then i faxed it to him. I called him yesterday and he said that their insurance company denied the claim cuz there is not enough proof that my stuff was stolen . He then said that the General manager was going to get money out of their so called "Good Will Fund" to pay for my loss. They said that they were gonna call me today for the final decision, and i was like ok....i guess i'll wait for the results.
Today, i called him and they said they were not going to pay for anything because there is no proof. The thing is, they think that it's a fraudulent claim. They said there's nothing they can do about it so now im stuck without no music in my car. In the beginning, he did tell me that they were going to pay for it once i fax him the estimate. Now he tells me that he *thought* that they were. Im so pissed right now

What should i do?? the thing is that i shouldve called the police on the spot to report a theft but stupid me was too gullible. I need input on what i should do from you guys. HELP ME PLEASEEE!!!



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Old 12-10-2002, 02:40 PM
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Man that is bull shit. Good luck man.
Old 12-10-2002, 02:42 PM
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tell them if you can't get any satisfaction they will be hearing from your lawyer. contact acura customer service and explain the situation.

tell them you will not rest until this is resolved.
Old 12-10-2002, 02:45 PM
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when did all this happen? I don't think it's too late for a police report.
Old 12-10-2002, 02:47 PM
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Yeah, threaten to have call Acura customer service and the owner of the delaership regarding this. Tell them that given the service manager said it was a "clean" jack, it must have been an inside job, and you are sueing the dealership, and Acura (Honda Motorcar Co.) as they are part of them....
Old 12-10-2002, 02:48 PM
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You might be SOL.

How can this be prevented? Should we have the dealer list everything in our cars on the service ticket when we drop it off?

I removed my amp and sub last time I took my car in. I guess the tech saw the 4 gauge power because the radio was turned up when I got the car back. Guess they did not notice there was no fuse in the holder. :P
Old 12-10-2002, 02:50 PM
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No police report, no documantation anywhere, your screwed. Never take verbal comittments. Always get it in writing.
Old 12-10-2002, 03:11 PM
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how much was the $$$ of the stuff stolen?
Old 12-10-2002, 03:25 PM
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Well, you can still try to file a police report. This also may be covered under the comprehensive portion of your auto insurance (and they may want to pursue the issue with the dealer) provided you have appropriate coverage and the appropriate receipts of the equipment and installation.

Depending on how much your system was worth, it may be worthwhile to have an attorney pursue this matter.
Old 12-10-2002, 05:15 PM
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well....they took a phoenix gold 500.4 amp and my pioneer equalizer....all added to like around $1500....man this stuff aint cheap....this happened about a month ago....there's still time to get a police report i hope....
Old 12-10-2002, 05:46 PM
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talk to a real lawyer for options man, that is such BS that i'm actually gettin a lil pissed over here reading it...

you def should talk a lawyer though...
Old 12-10-2002, 05:53 PM
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You CAN still file a police report
Thats step 1
Step 2: Call Acura Cust. Service ( although you probably wont get anywhere w/ them)
Step 3: Contact a lawyer
Old 12-10-2002, 06:09 PM
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Originally posted by Bluto
You might be SOL.
How can this be prevented? Should we have the dealer list everything in our cars on the service ticket when we drop it off?
Well this is so tru, some dealers walk around the car and mark down any marks/dents or scratches in your car before they accept it.. make you review it and sign off... Although i never have any but 2 dealerships I delt with ended up getting some of my parts repainted because of their sloppy mechanics...

Smitty

P.S. Got to build a good quality relationship with your dealership.. it is like a girlfriend... got to build trust,, until you get that, keep all your gear clear.
Old 12-10-2002, 06:11 PM
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this is covered through your own insurance i believe. getting a lawyer won't help. they have no responsibilty for your stuff despite the fact it is on their lot (gay, huh?)
Old 12-10-2002, 06:16 PM
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Hmm good question

Originally posted by flipwhip
this is covered through your own insurance i believe. getting a lawyer won't help. they have no responsibilty for your stuff despite the fact it is on their lot (gay, huh?)
Now I know from previous experience that my home owners insurance covered it... but i dunno about your auto insurance, unless you called you insurance agent and told him about the installed upgraded amps....

Smitty
Old 12-10-2002, 07:14 PM
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Your word against theirs, and if there is no sign of forced entry and they spent so much time making things nice when taking it out, I'd say your pissing up a tree. Plus I think your gonna have to produce your own receipts for any claim, not just an estimate from some shop. When my son totaled his truck and we needed to get satisfaction on his added value items, the only thing we could claim is what we had receipts for.
Old 12-10-2002, 10:39 PM
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Re: Audio stolen from dealer, need input

First, you send them a letter stating what your actions will be.

You always start off by mentioning that you are filing a complaint with the Better Business Bureau for fraudulent representation and obstruction of justice in a police investigation. ( they asked you to not call the police so that THEIR insurance rates would not go up), which in itself is not illegal until you call the police and tell them that they requested you remain silent in the event of a crime against you.

You inform them that you are also notifying the State Attorney Generals office in your state and that the letter you include to the BBBureau is also going to the State Attorney Generals office.

You also inform them that you are filing civil claim against them pending the outcome of the first two agencies that you contacted. You state that if your equipment is not replaced in good faith by the first two actions, that you (or your parents) have sought legal counsil to represent you in small claims court.

What should happen then is this:
As soon as they get the letter about the BBB, they would contact you to keep that off their record. If they ignore that, then continue on to the State Attorney General's office, but do not wait more than one week. IF you haven't at least gotten a response from them in 5 business days AFTER they receive the letter, then contact the state attorney general.

***** MAKE SURE YOU SPEND THE 75 CENTS TO SEND THE MAIL RETURN RECEIPT REQUIRED OR CERTIFIED...WHICHEVER IS CHEAPER...That lets them know that you ARE serious and you are collecting names, dates, and signatures to show responsibility...

Then you're kind of stuck until you hear from the attorney generals office. If they cannot help you, continue to option #3.

In any event, you will need proof of purchase of all equipment OR if it was a gift from parents etc, then the BARCODE off of the box if you have it or the owners manual. ANYTHING that proves you owned it. Most car insurance will never replace non-OEM audio equip.
BTW, in PA where I live, the state inspection mechanics are always afraid of being investigated for some strange reason. This may differ in your state. That alone may have had them write me the check to make me go away when they realized how much trouble I could be for so little money (under $1400)

Good Luck, and in case you are wondering...yes I have been down this road before. Mine was settled with in three days of threatening to call the BBB, but because I had documented everything pretty well; dates, times, and names, they KNEW that I was serious and not just going to go away...Having their name even LISTED once with the BBB is like a black mark on your credit report...THEY WILL DO JUST ABOUT ANYTHING TO PREVENT IT IF THEY ARE A WORTHY DEALERSHIP..

Steve
Old 12-10-2002, 10:48 PM
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1. Go to the dealership and call a police man to meet with you and the original guy that said he would replace it. Have the police man take a report of the whole thing.

2. Go to car insurance and see if it is covered.

3. If you have HO insurance or Rent. insurance see if they cover it.

4. VERY IMPORTANT: I always through the breaker switch at the battery so my amp won't come on. Then I look the ski pass through, turn off the auto trunk switch in the glove box, lock the glove box and give the dealer the valet key. They NEVER see what's in my trunk and if they turn on the radio they can't hear it either.
Old 12-10-2002, 10:52 PM
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Originally posted by bl^5
3. If you have HO insurance...

bling bling
Old 12-10-2002, 11:13 PM
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Originally posted by bl^5
VERY IMPORTANT: I always through the breaker switch at the battery so my amp won't come on. Then I look the ski pass through, turn off the auto trunk switch in the glove box, lock the glove box and give the dealer the valet key. They NEVER see what's in my trunk and if they turn on the radio they can't hear it either.
WOW!,, thats the same thing I do... Granted I have only been to the dealership once.. but I did that last time.. and I will continue to do that in the future..

Smitty
Old 12-11-2002, 12:53 PM
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Re: Re: Audio stolen from dealer, need input

Originally posted by ABlueCL-S
First, you send them a letter stating what your actions will be.

You always start off by mentioning that you are filing a complaint with the Better Business Bureau for fraudulent representation and obstruction of justice in a police investigation. ( they asked you to not call the police so that THEIR insurance rates would not go up), which in itself is not illegal until you call the police and tell them that they requested you remain silent in the event of a crime against you.

You inform them that you are also notifying the State Attorney Generals office in your state and that the letter you include to the BBBureau is also going to the State Attorney Generals office.

You also inform them that you are filing civil claim against them pending the outcome of the first two agencies that you contacted. You state that if your equipment is not replaced in good faith by the first two actions, that you (or your parents) have sought legal counsil to represent you in small claims court.

What should happen then is this:
As soon as they get the letter about the BBB, they would contact you to keep that off their record. If they ignore that, then continue on to the State Attorney General's office, but do not wait more than one week. IF you haven't at least gotten a response from them in 5 business days AFTER they receive the letter, then contact the state attorney general.

***** MAKE SURE YOU SPEND THE 75 CENTS TO SEND THE MAIL RETURN RECEIPT REQUIRED OR CERTIFIED...WHICHEVER IS CHEAPER...That lets them know that you ARE serious and you are collecting names, dates, and signatures to show responsibility...

Then you're kind of stuck until you hear from the attorney generals office. If they cannot help you, continue to option #3.

In any event, you will need proof of purchase of all equipment OR if it was a gift from parents etc, then the BARCODE off of the box if you have it or the owners manual. ANYTHING that proves you owned it. Most car insurance will never replace non-OEM audio equip.
BTW, in PA where I live, the state inspection mechanics are always afraid of being investigated for some strange reason. This may differ in your state. That alone may have had them write me the check to make me go away when they realized how much trouble I could be for so little money (under $1400)

Good Luck, and in case you are wondering...yes I have been down this road before. Mine was settled with in three days of threatening to call the BBB, but because I had documented everything pretty well; dates, times, and names, they KNEW that I was serious and not just going to go away...Having their name even LISTED once with the BBB is like a black mark on your credit report...THEY WILL DO JUST ABOUT ANYTHING TO PREVENT IT IF THEY ARE A WORTHY DEALERSHIP..

Steve
damn....you're good!! thanks man
Old 12-11-2002, 04:44 PM
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Originally posted by flipwhip
this is covered through your own insurance i believe. getting a lawyer won't help. they have no responsibilty for your stuff despite the fact it is on their lot (gay, huh?)
ENOUGH ALREADY!! Why do people insist on giving legal advice on subjects they know NOTHING about?? I know you guys are trying to help this poor bastard but you are doing him a great disservice. A piece of personal property left in the care of another is called a "bailment." Imagine when you drop your clothes off at the dry cleaners, that is the same thing. A bailment here is classified further as a "bailment for the benefit of the bailee (owner) and bailor (car dealer). The bailor has an absolute, non-delegable duty to protect (within reason) another's property and return it to him in the same condition as he left it to them in. You've left your $1500 suit at the cleaners to get cleaned and pressed w/ no defects. You pick it up and it's got a tear on the sleeve, or the lapel is ripped off. They have a duty to replace/repair it.

This poor bastard shld RIGHT NOW
-call the police, don't talk anymore w/ the dealer b/c they have taken their position and are not going to recant;
-file a small claim (like 5 bucks) in the municipal court district in which the auto dealer resides (town, city, village, whatever);
-represent yourself, don't hire an atty, you don't need one-yet

I would tell my mother the same thing. OK, I'd do it for her, but still the advice wld be the same. Small claims courts are made for people to represent themselves and shld be taken advantage of. If you know a lawyer who will do it for a flat fee, or hourly fee, then take him/her up on it. Last, don't forget to call your insurance company and explain the whole sordid thing. They'll do the work for you by subrogating a claim against the dealer's insurance carrier (make a claim directly against them on their behalf after they pay out $$ on your behalf)

PM me if you have questions, I am in the courtroom daily as a trial lawyer.
Old 12-11-2002, 05:45 PM
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[QUOTE]Originally posted by Chief F1 Fan
[B]ENOUGH ALREADY!! Why do people insist on giving legal advice on subjects they know NOTHING about??

I wish I would have had you around when I had my problem...what you suggest is pretty much what I was told to do, but I guess I got lucky when I mentioned the BBB...lol

Oh well, that was Chevy, and it sucked as much as Saddam....haahaa

Thanks for clearing up the legal jargon for those of us who were more misinformed...

Steve
Old 12-11-2002, 06:34 PM
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Originally posted by Chief F1 Fan
ENOUGH ALREADY!! Why do people insist on giving legal advice on subjects they know NOTHING about?? I know you guys are trying to help this poor bastard but you are doing him a great disservice. A piece of personal property left in the care of another is called a "bailment." Imagine when you drop your clothes off at the dry cleaners, that is the same thing. A bailment here is classified further as a "bailment for the benefit of the bailee (owner) and bailor (car dealer). The bailor has an absolute, non-delegable duty to protect (within reason) another's property and return it to him in the same condition as he left it to them in. You've left your $1500 suit at the cleaners to get cleaned and pressed w/ no defects. You pick it up and it's got a tear on the sleeve, or the lapel is ripped off. They have a duty to replace/repair it.

This poor bastard shld RIGHT NOW
-call the police, don't talk anymore w/ the dealer b/c they have taken their position and are not going to recant;
-file a small claim (like 5 bucks) in the municipal court district in which the auto dealer resides (town, city, village, whatever);
-represent yourself, don't hire an atty, you don't need one-yet

I would tell my mother the same thing. OK, I'd do it for her, but still the advice wld be the same. Small claims courts are made for people to represent themselves and shld be taken advantage of. If you know a lawyer who will do it for a flat fee, or hourly fee, then take him/her up on it. Last, don't forget to call your insurance company and explain the whole sordid thing. They'll do the work for you by subrogating a claim against the dealer's insurance carrier (make a claim directly against them on their behalf after they pay out $$ on your behalf)

PM me if you have questions, I am in the courtroom daily as a trial lawyer.


yeah, what you said is true. but, as you say yourself, the dealership only needs to take resonable measures to protect your property. in this case i would tihnk that would merely imply locking the door. assuming they locked the door (hard to prove either way) the dealership isn't responsible
Old 12-11-2002, 08:23 PM
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Originally posted by flipwhip
yeah, what you said is true. but, as you say yourself, the dealership only needs to take resonable measures to protect your property. in this case i would tihnk that would merely imply locking the door. assuming they locked the door (hard to prove either way) the dealership isn't responsible
no...what I myself said was that there was no forcible entry. EIther the dealership forgot to lock the vehicle which is negligence on their part, or someone INSIDE the dealership had the key to get in..the rest is conjecture, but i think it is reasonable to assume that the cars of a customer would be locked just like the cars on the lot for sale. That is reasonable and expected care...

Well, that's what the dealer that I fought even agreed upon...That it was their responsiblity to lock my car which they didn't do...

Steve
Old 12-11-2002, 11:05 PM
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ABlueCL-S,

if you check my post again, i think it will be clear that i was not refering to anything you said (i was responding to Chief F1 Fan) ....thanks.
Old 12-12-2002, 12:03 AM
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I have said this in so many threads before but so so many people want to get a lawyer and sue.

In this thread I said "You need to get familiar with your local small claims or conciliation court. It's easy to win there, especially when you are in the right. Also depending on your state, lawyers may not be involved. And the dollar amount is high enough to handle most of our needs. People who don't show automatically lose; the bad part is it's hard to collect unless you are persistant or diligent but you have at least 10 years.".

In this thread I said "It might be pretty easy to get $500 from him in small claims / conciliation court. Worth looking into at least if you know how to work it. ".

And finally in this thread I said "You have to learn how to use the courts. And consequently you will have to learn how to collect on judgments. I know how to do this. Since I cannot beat up people anymore, since I feel doing harm back to other people and their property is not sweet revenge, and since I know people don't carry good insurance and cops don't always care, I have learned how to sue for money and get awarded damages. It is called small claims court or conciliation court.

And get this, this is the part that may be hardest part for the younger folks: you have to know how to present yourself as an adult before a judge/referee and prove your case with a preponderence of the evidence (in most states) in a mature and reasonable fashion, in most case without a lawyer. That means you have to show where you took into account that the person did do the damages, you gave that person a chance to make good on the repairs, you notified all parties properly, you attempted to validate your story by notifying the authorities, you didn't instigate or escalate the situation, and you can stand up in court and admit that this car is only personal property; not some rare, vintage antique, a loved one, or your hard-earned property. That will get you nowhere with a judge. You won't get punitive damages and the court won't be teaching anyone any lessons. Just, what are your damages and what does it take to get the wrong righted. And in America, this is the system and this is what you agree to live with and abide by.
"
.

Ignore the context, it was a few years ago. My point? If you can get on here and state the facts and you know you are right and you can convince us that you are right, get off your ass and do the one or two hours of research, file the papers/get a police report, present your evidence to a judge, and collect what is due you. Stop waiting around for lawyers to "work magic" or others to fight your battles for you or the police to recover your goods or the dealerships to send you a refund. It's easy. And it works. And it goes by either small claims court or conciliation court and there's one in your State. You'll learn quickly as I have that in most cases, small claims court is your best friend. If you are wrong, that's another story. Chief F1 Fan said it today and even if you don't have a case pending, read up on this and become educated, so when you are faced with a situation (and we all will be sooner or later), you will be prepared.
Old 12-12-2002, 01:13 AM
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dont they usually have a sign that says something like "NOT RESPONSIBLE FOR ARTICLES LEFT IN CAR"??
Old 12-12-2002, 04:40 AM
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That is for packages left on the seat and things like that, not for stereo systems attached permanently to the vehicle. Secondly, contrary to popular belief, these signs do not relieve the bailor (car dealer, dry cleaner, whatever) from their duty.
Old 12-12-2002, 10:29 AM
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Originally posted by flipwhip
ABlueCL-S,

if you check my post again, i think it will be clear that i was not refering to anything you said (i was responding to Chief F1 Fan) ....thanks.
lol..duh....it was late, the martinis were tastin good...blurry vision and I'm blonde..

can i use one of those excuses to get out of this one?...lol

sorry...

Steve
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