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TL vs. Cherry Picker - I Lose.

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Old 08-29-2005, 02:51 PM
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Angry TL vs. Cherry Picker - I Lose.

anyone have a cherry-picker come down on your roof?

well, that's what happened to me. the idiots weren't looking down as they lowered the machine to the ground and they landed on top of my car.

i have pics but need someone to host.

according to the body shop, they have to cut off the entire roof and replace the structural members underneath then re-weld a new roof skin over the top and replace the back window.

any chance this thing will come out alright? i have my doubts the paint will look ok after all is said and done. i can't imagine that it can be brought back to be just like new.

thoughts and help posting pics???????
Old 08-29-2005, 02:55 PM
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That sucks, sorry to hear about the mishap. If you don't like the way it turns out, i'd seek other "legal options".

Use http://www.imageshack.us to host the pics
Old 08-29-2005, 03:12 PM
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A cherry-picker, like the power company has on the back of their truck? If it requires that much work to fix, I'd say the power company should be buying you a new TL. Pics should be interesing...
Old 08-29-2005, 03:14 PM
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Originally Posted by chill_dog
A cherry-picker, like the power company has on the back of their truck? If it requires that much work to fix, I'd say the power company should be buying you a new TL. Pics should be interesing...
............ a cherry picker???
Old 08-29-2005, 03:17 PM
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Pics.......

1) http://img76.imageshack.us/img76/4281/tlcrush5iw.jpg

2) http://img224.imageshack.us/img224/9001/tlcrush29wo.jpg

3) http://img224.imageshack.us/img224/2791/tlcrush31yk.jpg

thanks for the hosting link, NJ Aegean 03.
Old 08-29-2005, 03:33 PM
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The damage is not as bad as I would imagine it to be, but it's going to cost a pretty penny to fix judging by what the body shop said. Hope everything works out in the end for you .
Old 08-29-2005, 03:39 PM
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Originally Posted by Lister00169
The damage is not as bad as I would imagine it to be, but it's going to cost a pretty penny to fix judging by what the body shop said. Hope everything works out in the end for you .
preliminary estimate is $5500.
Old 08-29-2005, 03:39 PM
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Sorry for you, it's always hard looking this kind of picture


I would be very worried about the safety structure of the car after such a repair.

If they cut the roof and weld some new parts, will the car be safe ansd solid as a brand new one?

WHat will be the consequences of that when you are going to sell the car, decrease value is never paid by insurance, that's why you should study the possibility of asking more money from the company.
Old 08-29-2005, 03:40 PM
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"Cherry Picker", for those who don't know........ check out pic #3.
Old 08-29-2005, 03:42 PM
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Originally Posted by sebounet2005
Sorry for you, it's always hard looking this kind of picture


I would be very worried about the safety structure of the car after such a repair.

If they cut the roof and weld some new parts, will the car be safe ansd solid as a brand new one?

WHat will be the consequences of that when you are going to sell the car, decrease value is never paid by insurance, that's why you should study the possibility of asking more money from the company.
the structural members under the roof skin will be replaced and welded into place just like at the factory. the body shop uses a special welding machine designed for roof repairs. the roof skin is then welded in place over the top to cover.
Old 08-29-2005, 03:47 PM
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OUCH.

Did this happen on your property?
Old 08-29-2005, 04:03 PM
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If it requires the roof to be removed I say bug the company to give you a new car, file a lawsuit for neglegence and property damage. I am sure with some work you can get the car replaced(if the roof needs to go). From the looks of those pics it looks like it could be banged out and repainted. I thought a cherry picker was the one on the back of the truck, that thing is just a lift. A cherry picker would have done less damage. I don't know how they didn't see your car.
Old 08-29-2005, 04:07 PM
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you should DEFINATLY get more than just a fix from the company, they should buy you a brand new fucking car. that is BEYOND REDICULOUS. they didn't just bend the roof, im sure the whole frame of the car and the b-pillars are fucked. i would die if that happened to my car i wouldn't be able to liveee
Old 08-29-2005, 04:16 PM
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That sucks!! Too many people around here are having accidents and freakish things like this happening.

If you hope to get a new car out of them and want another ABP better get one soon before the 06's come out.
Old 08-29-2005, 04:23 PM
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I agree with everyone else....if they have to cut the roof and re-weld everything, I'd be concerned about the structural integrity of the car. This is a safety issue and there would be no way I would allow them to repair this type of damage. They need to get you a new car. Period.
Old 08-29-2005, 04:27 PM
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Get an attorney
Old 08-29-2005, 05:01 PM
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Originally Posted by simont53
Get an attorney


my words exactly. atleast listen to him/her and see what kind of case you can get.


but i would really try to get a new car. or atleast more money.


i would not just settle for them fixing it.
Old 08-29-2005, 05:01 PM
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Originally Posted by sebounet2005
Sorry for you, it's always hard looking this kind of picture


I would be very worried about the safety structure of the car after such a repair.

If they cut the roof and weld some new parts, will the car be safe ansd solid as a brand new one?

WHat will be the consequences of that when you are going to sell the car, decrease value is never paid by insurance, that's why you should study the possibility of asking more money from the company.

On the contrary. Some insurance companies recognize the fact that an accident decreases the value of your car. Last time I got rear ended in my fairly new Jetta, months after the car was fixed I received a check in the mail from their insurance company and it clearly stated that the money was for the decrease in value of my car. I didnt even ask for it. I would guess that all insurance companies pay this money, be it they send it to you without you asking, or you gotta ask for it. I bet cheap ass companies like progressive won't pay it unless you ask for it.
Old 08-29-2005, 05:11 PM
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Originally Posted by Warren803
On the contrary. Some insurance companies recognize the fact that an accident decreases the value of your car. Last time I got rear ended in my fairly new Jetta, months after the car was fixed I received a check in the mail from their insurance company and it clearly stated that the money was for the decrease in value of my car. I didnt even ask for it. I would guess that all insurance companies pay this money, be it they send it to you without you asking, or you gotta ask for it. I bet cheap ass companies like progressive won't pay it unless you ask for it.
Its called diminshed value, and you should definitly demand it if ever you have an accident in a fairly new car and its not your fault.

As for a new car, I doubt your gonna get it. With roof damage, in order for it to be totalled, they generally say at least two windows broken plus roof damage, but nothing is black and white in terms of how cars are damaged, and what the insurance companies will do.

Sorry about your car. Sucks to have your car damaged by the shear stupidity of others. Hopefully everything works out for you.
Old 08-29-2005, 05:17 PM
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I wouldnt trust that car after a repair that major, i dont think id be safe........
Old 08-29-2005, 06:29 PM
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sorry bro

just as many have said, i doubt i'll trust the structural integrity after it's fixed. have them get you a new one. remember, it's their fault, not yours. if they won't budge, get an attorney and go after them

then have them give AZ forum members something too for emotional stress
Old 08-29-2005, 07:16 PM
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Holy CRAP!

I am glad you were not in the TL at that moment!

What is this with TLs getting crushed? I saw an AM TL on the news crushed by a tree and flooded by Katrina in Miami.

My TL is staying in the garage awhile.

When you get a chance, post pics of the damage you did to the cherry picker operator. Make them pay!
Old 08-29-2005, 07:34 PM
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Have them get you a new car? Ask for a new car? Sure, they'll just say, "Oh, sure, we're happy to shell out $35K, even though our insurance won't pay for that!" Legally, they owe you a repair to your car, to the condition it was in before the accident.

That may make it right, but that's the law. Definitely pursue diminished value through the cherry picker company insurance company, though. (And mention to your insurance company that you want it, if they are involved).

A GOOD body shop can fix it right. New welds are as strong as the old welds, and welds, done right, are stronger than sheet metal anyway. The paint can be matched and blended so you won't be able to tell. Again, that's by a good shop, not necessarily the one they may try to lead you towards. Good luck! (You should also be owed a rental car while yours is out of service).
Old 08-29-2005, 07:37 PM
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I should request a new car its not gonna be the same 100%. if they try to cut or fix the roof of your TL. your loose if you agree to them to do that all mechanical sunroof, side air bag elecrical wire all!! your name it your finish that's it......
Old 08-29-2005, 09:14 PM
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Exclamation

Originally Posted by NFLblitze1
you should DEFINATLY get more than just a fix from the company, they should buy you a brand new fucking car. that is BEYOND REDICULOUS. they didn't just bend the roof, im sure the whole frame of the car and the b-pillars are fucked. i would die if that happened to my car i wouldn't be able to liveee
Easy there. Only the rear window was broken. There is no damage to any of the pilars (A,B, or C) as the rest of the windows are still intact. According to his description, only the roof crossmembers seem to be bended (which we cannot see).

You can still fight for whatever you can get, but do not loose your sleep thinking you are not protected from a roll-over accident. Any reputable shop will replace and propperly attach new crossmembers to the right spots of the frame, returning the car to it's original structural rigidity. Just be really carefull at the time of delivery and check for window/sunroof operation and alingnment and interior finish.
Old 08-29-2005, 09:53 PM
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My main concern would be the nice leaky rear window after the fix. I would fight and try to get a new car. If they cut the roof and replace it your car will never ever be the same. Youll here cracking and poping from all the plastic parts they took out and put back in half ass.
Old 08-29-2005, 10:55 PM
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we had a tree fall on our 2yr old accord and insurance didnt total it. damage was well over 10,000. they had to cut off the entire top 1/2 of the car, and reweld a new one on. it took nearly a month. i hope you have good insurance that covers car rental. i highly doubt they'll total a $30,000+ car for just $5000 in damage.. if anything play up how you dont feel safe in a the car, what happens if it rolls over, etc etc.. but most likely its still your car. goodluck sorry people are so stupid
Old 08-29-2005, 11:06 PM
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For Comparison (wasnt totalled)

http://img368.imageshack.us/img368/5530/accord8uz.jpg

http://img368.imageshack.us/img368/217/accord29nq.jpg
Old 08-30-2005, 08:15 AM
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I can see why your TL isn't being totaled (cost:value), although I would question it's structural integrity after the fix they are proposing. Good luck with everything and let us know how it works out.

BigTone - that wasn't totaled?
Old 08-30-2005, 08:39 AM
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Originally Posted by crazymjb
If it requires the roof to be removed I say bug the company to give you a new car, file a lawsuit for neglegence and property damage. I am sure with some work you can get the car replaced(if the roof needs to go). From the looks of those pics it looks like it could be banged out and repainted. I thought a cherry picker was the one on the back of the truck, that thing is just a lift. A cherry picker would have done less damage. I don't know how they didn't see your car.
Do that and then buy back your original car and make it a convertible!
Old 08-30-2005, 08:41 AM
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Originally Posted by Warren803
On the contrary. Some insurance companies recognize the fact that an accident decreases the value of your car. Last time I got rear ended in my fairly new Jetta, months after the car was fixed I received a check in the mail from their insurance company and it clearly stated that the money was for the decrease in value of my car. I didnt even ask for it. I would guess that all insurance companies pay this money, be it they send it to you without you asking, or you gotta ask for it. I bet cheap ass companies like progressive won't pay it unless you ask for it.
Depends on what state you live in (see your dept of insurance) -- some have diminished value laws, others specifically state that it is not covered.
Old 08-30-2005, 08:55 AM
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thanks to all for kind words and advice.

One thing you all should know is that i've checked with several professionals and the roof can be fixed without any concern for loss of structural integrity.

it will be put back together and welded just like from the factory.

also, to add to the story, my wife and 3 year old daughter were backing out of the garage at the time the manlift came down on the car. my wife freaked and quickly stopped the car to pull my daughter out of her car seat which is in the back on the passenger side.

It seemed to her that the manlift just wouldn't stop dropping on the car at the time. it wasn't pleasant to say the least.

i am of course in contact with my lawyer to fully realize my options.
Old 08-30-2005, 09:20 AM
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I should request a new car its not gonna be the same 100%. if they try to cut or fix the roof of your TL. your loose if you agree to them to do that all mechanical sunroof, side air bag elecrical wire all!! your name it your finish that's it......

In this country, we speak ENGLISH, not whatever jibberish you just spoke.
Old 08-30-2005, 09:22 AM
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we have this thing in america, its called a lawsuit, besides its the city, they have lots of money
Old 08-30-2005, 09:36 AM
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Originally Posted by Sarushibai
we have this thing in america, its called a lawsuit, besides its the city, they have lots of money
it's not "the city". this is a private contractor who has insurance and is bonded. even if it was "the city", the fact that they have money doesn't mean it's easy to get it out of their hands.
Old 08-30-2005, 09:40 AM
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Who are you going to request a new car from? no one is going to give you a NEW car for this. You can try suing for loss of value due to the accident, but that's about it.
Old 08-30-2005, 09:42 AM
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Total it while u can and get a new one. That'll never come out right.

-Eric
Old 08-30-2005, 11:14 AM
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Well, you don't seem soo motivated to get anything extra out of this, so probably no point in saying you should. Nevertheless............ THAT'S INSANE!!! I'd have them in small claims court, especially as your daughter was in the car... mental anguish, lost wages, etc, etc.

They should at the very least be responsible for fixing the car and getting you into a new TL at no cost out of pocket to you.
Old 08-30-2005, 12:16 PM
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Originally Posted by soopa
Well, you don't seem soo motivated to get anything extra out of this, so probably no point in saying you should. Nevertheless............ THAT'S INSANE!!! I'd have them in small claims court, especially as your daughter was in the car... mental anguish, lost wages, etc, etc.

They should at the very least be responsible for fixing the car and getting you into a new TL at no cost out of pocket to you.
why do you say i'm not motivated to get anything extra??????

besides, small claims court is for small $$. Whatever my options will be based on my talks with my lawyer, small claims won't cover it.

Also, just curious on what your angle is that you think i can get a new car. If the damages don't total the car how could i get a new one. that's not feasible.
Old 08-30-2005, 01:13 PM
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Originally Posted by soopa
Well, you don't seem soo motivated to get anything extra out of this, so probably no point in saying you should. Nevertheless............ THAT'S INSANE!!! I'd have them in small claims court, especially as your daughter was in the car... mental anguish, lost wages, etc, etc.

They should at the very least be responsible for fixing the car and getting you into a new TL at no cost out of pocket to you.
another sue-happy advice ... just becuase he can sue for mental anguish does not mean he has to even if there was none...why SUE for for lost wages if they were not actually lost...no-one was hurt in the accident except for the car so then why would you want to get extra cash just because you unjustfully can?

on the other hand getting money for the diminished value of the car is perfectly allright since it has happened.

also I dont think the structral integrity is being promised to be restored so why worry about getting a new one or try to get it totaled etc...and it wouldnt come into play unless you get in a roll-over situation...I would worry about a lot worse things if you manage to flip-over a TL...


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