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jmbnova 08-06-2007 03:18 PM


Originally Posted by wilby07
Damn, hate to see that. And that's my color too. I feel your pain... Hopefully you can get her back to normal to represent that DGP again!! Your ride is like my inspiration...

:thumbsup: Thanks man... I appreciate it...


Originally Posted by KSuchdeve
Awwwww :leghump:



:jk:

:snipe:

Kennedy 08-06-2007 03:20 PM

Holy shit Jeff...

:whyme:

jmbnova 08-06-2007 03:21 PM


Originally Posted by Timmahh

JMB - Have you heard back from anyone at all? It's odd they didn't have you sign a service work order - normally you sign where the estimate for repair is, and you have to sign before they do any work on your car.

Only work being done was the replacement of the tranny under warranty... so no estimate or work order....

I just called the service rep and talked to her about getting an "update" on the car. She said the GM has now left town for 2 days and should call me when he gets back.

I calmly explained to her that that was unsat and that she needs to find someone who can make a command decision about my car and have them call me ASAP... we'll see... I am not going to hold my breath...

jmbnova 08-06-2007 03:22 PM


Originally Posted by Kennedy
Holy shit Jeff...

:whyme:

no fucking kidding....

Still got those Volks around? lol...

pekkieboyz 08-06-2007 03:26 PM

I'M SORRY, but that totally bull shit, if something like this happen on my lot and i'm the GM or the principle i would totally be on the case and not on a two day vacation or what not. First thing i would be doing is damage control to my clients.

THIS ISN'T EVEN MY CAR AND I'M GETTING BURNT,

pekkieboyz 08-06-2007 03:28 PM

i suggest you try to call Acura local regional manager if the GM doesn't call you by tomorrow afternoon!!

Pizza4Everyone 08-06-2007 03:42 PM


Originally Posted by Timmahh
Wonderful.

Here's the problem with the general public. i'll give a real world example.

Hello, i'd like a large Mc Coffee please
Ok Sir, that's $2, please pull up to the window
Here's your change, and your coffee
Ok Thanks!
Hmm.. this is hot..
OH MY GOD I SPILLED IT ON MYSELF
Hello McDonalds, i'm sueing you because i'm a fucking douche and didn't think the HOT coffee was THAT HOT so I need money now.


Car dealership:

Hello, i'd like to have some work done on my car
<few minutes go by whilst talking about work to be done>
Okie dokie, sign here please
<noise of someone signing; not reading the back of the paper or the agreement at the bottom>
Ok sir we'll call you when your car is ready

.. the next day

Sir, someone broke into your vehicle last night and stole some items.

WHAT?! ARE YOU KIDDING ME? THAT'S BULLSHIT. I'M GOING TO SUE YOU ASSHOLES YOU SHOULD HAVE TAKEN BETTER CARE OF THE AFTERMARKET THINGS I DID TO MY CAR AND ADDED. YOU SHOULD HAVE KNOWN MY CAR IS MORE VALUEABLE THAN THE OTHER 50 ACURAS ON YOUR LOT AND KEPT MINE IN A GARAGE.


Do you see how stupid this is sounding? ... MMmmk.. IF.. and I mean IF.. IF IF IF.. you signed the work AND there is a disclaimer on it THEY ARE NOT LEGALLY LIABLE FOR LOSSES THAT ARE NOT CAUSED BY THE DEALERSHIP OR THE EMPLOYEES. If you sue them what you're saying is:

Yes, I speak english, I signed that, but I am ignorant and I feel that you should pay for my car because some asshole broke into it and stole my wheels.



I know you haven't said any of the above; i'm just using what other people have said as an example.

This is why there's 40 million friggin disclaimers on shit, because people are retarded.

JMBNova - sorry for using your thread as an example; I get irritated with stuff sometimes, I hope all goes well for you, but please maintain a level head when dealing with this.

so you're saying you would pay for your own damage if you're in his situation right? you're an absolute liar or complete moron.

TLyoung'un 08-06-2007 03:49 PM


Originally Posted by Pizza4Everyone
so you're saying you would pay for your own damage if you're in his situation right? you're an absolute liar or complete moron.

that's not what he's saying at all :tomato:

Kennedy 08-06-2007 04:02 PM


Originally Posted by jmbnova
no fucking kidding....

Still got those Volks around? lol...

Holy shit again...

Actually, no... Sold them to another Jarhead down in Lejeune two weeks ago. Sorry dude. His girlfriend picked them up and delivered them to him. That's a woman.

It's better that way. I'd be mad too (OK more mad than i am now), had it been those Volks that were stolen.

Folks, Jeff had done some serious mod work to his car too Comptech SS, In dash DVD, I installed his window controller and door LEDs, suspension, headlights, etc... Some serious time and energy went into it, and walking away from it isn't as simple as "trade it in".

I don't what others say about the dealers liability in this, when you leave your property at licensed business with the intent of that vendor performing a service on thier property, and during off hours THEY fail to secure your property, there is some implied liability the dealer must assume.

You will not get rich off this, but they have insurance to cover this, and they will take care of it... Sure legally, they may have a waiver signed by you, but it's in thier best interest to not become KNOWN as the Acura dealer who refuses to implement security ofr thier customer's property, and then declines reimbursement when the criminals perpetrate. The waiver is to prevent you from suing for $4m in "damages"...

Timmah is right about keeping a level head and bring a "reasonable man's approach" to the table. This is a bed news situation for the dealer and they will move aggressively to fix it, i'm confident.

The undercarriage is probably fine, just newside skirts and paint, you might finally get that rear spec cleaned up now.

Any other potential damage?

KineticTypeS 08-06-2007 04:13 PM

Damn bro that sucks!!! Dont they have Video cameras on the lots? i'm pretty sure they do so check that. Good Luck

jupitersolo 08-06-2007 04:18 PM


Originally Posted by Kennedy
I don't what others say about the dealers liability in this, when you leave your property at licensed business with the intent of that vendor performing a service on thier property, and during off hours THEY fail to secure your property, there is some implied liability the dealer must assume.


Something I thought about most of the morning and someone posted here. If the dealer gives you a loaner car and something happens to it. Who's the dealer going to nail for the damages? YOU. So the dealer is responsible for the damages done to your car when it's in their care, no matter what kind of damage.

KineticTypeS 08-06-2007 04:21 PM


Originally Posted by jupitersolo
Something I thought about most of the morning and someone posted here. If the dealer gives you a loaner car and something happens to it. Who's the dealer going to nail for the damages? YOU. So the dealer is responsible for the damages done to your car when it's in their care, no matter what kind of damage.

^^X2

timmahh 08-06-2007 04:27 PM


Originally Posted by Pizza4Everyone
so you're saying you would pay for your own damage if you're in his situation right? you're an absolute liar or complete moron.

Absolutely not, my insurance would pay for it.

I'd be pissed in general at the entire situation, i'd be even more pissed if someone at the dealership did it. If it's some punk ass off the street, i'll be pissed, but not at the dealership.

Moron.. possibly.. liar.. NEVARRRR.

TIMMAHH +1

jmbnova 08-06-2007 04:42 PM


Originally Posted by Kennedy
Holy shit again...



Any other potential damage?

Im a little worried that the batteries put a current through the frame and possibly shorted stuff out... whats the likelihood of that?

drdamian 08-06-2007 04:45 PM

you will probably never know who did this to your car. especially if it was an inside job. The dealer will never say it was one of their own.. get in good w one of the mechanics. Im sure that since your car was modded, you probably know a few of them.. Ask them on the DL what happened. regardless, the dealership has insurance.. and since the rims were on the car and not some loose change sitting in your arm rest, they should be responsible..

drdamian 08-06-2007 04:47 PM

those batteries were probably dead and put outside in the trash..

t0ast 08-06-2007 04:51 PM


Originally Posted by jmbnova
She said the GM has now left town for 2 days and should call me when he gets back.

dammit, you really should have jacked his rims then! now you gotta jack everyone's rims before they all conveniently go on vacation. if this keeps up, you might as well put a sign in your window saying "Quality PROMPT service from your friendly dealer."

Kennedy 08-06-2007 05:08 PM


Originally Posted by jmbnova
Im a little worried that the batteries put a current through the frame and possibly shorted stuff out... whats the likelihood of that?

Little to none.

1) Old batteries
2) Frame is rust inhibited coated
3) Current flows from positive to ground. This wold make the metal warm/hot, but nothing caught on fire I see. New batteries would not have reallt damaged anything.

The bigger concern is how F'd your rocker panels are.

jmbnova 08-06-2007 05:32 PM

Wonder how hard it is going to be to find A-Spec side skirts in DGP now that the color is discontinued...

BLACKURA_NY 08-06-2007 05:42 PM

jmbnova... megningitis is a BITCH. spent like 6 weeks in the hospital when i was a young teenager with it. bacterial or virul?

anywho... keep your cool. and stay focused. with 07 clearance, dealership fucking up.. ya never know. i blew my stack when i wrecked my car last week, but things are looking up

jmbnova 08-06-2007 05:47 PM


Originally Posted by BLACKURA_NY
jmbnova... megningitis is a BITCH. spent like 6 weeks in the hospital when i was a young teenager with it. bacterial or virul?

anywho... keep your cool. and stay focused. with 07 clearance, dealership fucking up.. ya never know. i blew my stack when i wrecked my car last week, but things are looking up

I hear you man... Tough to lose a car that you have put so much time, effort, and blood into....

oh and it was Bacterial...

BLACKURA_NY 08-06-2007 05:53 PM

eeek. glad to see you're getting over that. stiff neck, headaches? naseau ? i remember it.

it really does suck, but ya know, @ first i argued to death with everybody that it is "MORE THAN JUST A CAR"... but in reality.. it is just a car. but then again, i was in an accident where life is a stake... this is just plain fcked up, wreckless and pointless... if you are smart, which i know you are.... you'll be checking local cars, BM & c's list to find somebody selling or riding around on your rim/tire combination....

the rims are one thing, which others may have but you probably had a certain tire on the car that you remember.... my co-workers wheels were stolen a few years back and he actually found them on a car & called the cops. i think he got them back too..

best of luck man.... like tupac said. 'keep your head up'

BLACKURA_NY 08-06-2007 05:55 PM

i bet the sick fuq is reading this thread too, since you had that awesome lil acurazine.com sticker in your window

jupitersolo 08-06-2007 05:56 PM


Originally Posted by jmbnova
Only work being done was the replacement of the tranny under warranty... so no estimate or work order....

I just called the service rep and talked to her about getting an "update" on the car. She said the GM has now left town for 2 days and should call me when he gets back.

I calmly explained to her that that was unsat and that she needs to find someone who can make a command decision about my car and have them call me ASAP... we'll see... I am not going to hold my breath...

Jeff, I would call the Karen Radley Group and let them now that the GM blew you off on this. I had a problem with Landmark Honda, the asshole GM wouldn't take my calls or call me back. I called Rosenthal's main office in Md. The asshole GM called me in 15 minutes.

Steerpike 08-06-2007 06:16 PM


Originally Posted by Kennedy
... but they have insurance to cover this, and they will take care of it...

They may, or they may not. You can be sure their insurance covers their own cars, but may very well exclude customer cars. In fact, it may be a requirement of THEIR insurance that they disclaim liability for customer cars. You know how insurance is - exclusions up the yin-yang. Insurance companies are screwing them just like they are screwing you and I.

In the OP's case, since there was no written / signed paperwork, and since the work was warranty work, maybe things are a bit different. Actually, whenever I've taken my car in, even for warranty, I've had to sign something and I always assumed it was because of this kind of thing. So maybe they goofed by not getting a signature on some paperwork.

rondog 08-06-2007 06:26 PM


Originally Posted by Kennedy
Holy shit again...

Actually, no... Sold them to another Jarhead down in Lejeune two weeks ago. Sorry dude. His girlfriend picked them up and delivered them to him. That's a woman.

It's better that way. I'd be mad too (OK more mad than i am now), had it been those Volks that were stolen.

Folks, Jeff had done some serious mod work to his car too Comptech SS, In dash DVD, I installed his window controller and door LEDs, suspension, headlights, etc... Some serious time and energy went into it, and walking away from it isn't as simple as "trade it in".

I don't what others say about the dealers liability in this, when you leave your property at licensed business with the intent of that vendor performing a service on thier property, and during off hours THEY fail to secure your property, there is some implied liability the dealer must assume.

You will not get rich off this, but they have insurance to cover this, and they will take care of it... Sure legally, they may have a waiver signed by you, but it's in thier best interest to not become KNOWN as the Acura dealer who refuses to implement security ofr thier customer's property, and then declines reimbursement when the criminals perpetrate. The waiver is to prevent you from suing for $4m in "damages"...

Timmah is right about keeping a level head and bring a "reasonable man's approach" to the table. This is a bed news situation for the dealer and they will move aggressively to fix it, i'm confident.

The undercarriage is probably fine, just newside skirts and paint, you might finally get that rear spec cleaned up now.

Any other potential damage?

Exactly, so they had a lot that wasn't secure enough, as a business with valuable property, they MUST secure it properly. I don't care what the fine print says. If they leave their lot with no video surveilance or security system / patrol, then they are liable for neglegence, theft should be considered when having a business, large or small.

citidelx 08-06-2007 07:19 PM

The hell with that they should give you a new car. The samething happened to me and my insurance company had the vehicle totalled. You brought the car there whole and they should give you a whole replacement

jay0k 08-06-2007 07:21 PM


Originally Posted by rondog
Exactly, so they had a lot that wasn't secure enough, as a business with valuable property, they MUST secure it properly. I don't care what the fine print says. If they leave their lot with no video surveilance or security system / patrol, then they are liable for neglegence, theft should be considered when having a business, large or small.

The key is "reasonable" security. A locked gate with a fence and razor wire is considered reasonable my most people. Parked out front with the doors unlocked and keys under the floor mat would not be considered reasonable by most. In civil cases you have to apply the "reasonable man" rule.

I agree that an Acura dealer should have video surveillance and have a corporate security policy for protecting customer property. I'm sure this isn't the first time this has happened and Acura corporate should have a stance on this.

I am really surprised the GM hasn't gave an answer yet. Perhaps he is waiting on an answer from the corporate office. Regardless his lack of communication is piss poor.

jay0k 08-06-2007 07:25 PM


Originally Posted by citidelx
The hell with that they should give you a new car. The samething happened to me and my insurance company had the vehicle totalled. You brought the car there whole and they should give you a whole replacement

That's completely ridiculous.

Your car might of been totaled because the repairs were more than the actual cash value of the vehicle.

No matter who pays for the repairs the car will be returned back to the way it was brought in. It looks like just cosmetic damage. New body parts and paint. Check alignment and suspension.

TorranceTL 08-06-2007 07:29 PM

$0.02 from a CA Lawyer
 
Sorry to hear about your ride. I'm hoping that they catch the jerk-offs and prosecute them! I just wanted to add my :2cents: worth of legal advice, since everyone on this board was so helpful with car advice.

Under the laws of most states (and I'll have to defer to someone on Acurazine that knows the laws in your state), you create a "bailment" situation when you give your car to the dealer to service. Without using too much legalese, a bailment is a temporary transfer of property to another for a limited time and for a specific purpose. To be clear, the transfer of property in a bailment is only in regards to possession (and not ownership). The bailor (i.e., you/whoever is on title of the car) is the owner of the transferred property. The bailee (i.e., the dealership) holds the transferred property for the bailor's benefit. Classic bailment situations occur when you (bailor) give your keys/car to a valet attendant (bailee) for the limited time and specific purpose of parking your car, or when you give your broken TV to a repairmen to hold/fix.

As the bailor, you have the right to receive your property back in an acceptable manner (i.e., your car should be returned to you in the same condition you left it if you valet parked it). It's the bailee's duty to return the property in an acceptable manner. Otherwise, the bailee can be liable for the full value of the property.

The legal principles in a bailment situation very often trump the adhesion contract terms contained in a work order, valet parking ticket stub, etc. Your dealer's legal counsel knows this, as does your insurance company. Companies include the waiver language in the work order, however, because it often scares and deters people from suing or bringing claims. Try to stay calm, hear the dealer out, and, if you're not happy with what the dealer is offering, file a claim with your insurance company and leave it in their hands (and, more importantly, in the hands of your insurance company's attorneys).

pekkieboyz 08-06-2007 07:38 PM

He Know his stuff up their!!!

BLACKURA_NY 08-06-2007 08:22 PM


Originally Posted by TorranceTL
Sorry to hear about your ride. I'm hoping that they catch the jerk-offs and prosecute them! I just wanted to add my :2cents: worth of legal advice, since everyone on this board was so helpful with car advice.

Under the laws of most states (and I'll have to defer to someone on Acurazine that knows the laws in your state), you create a "bailment" situation when you give your car to the dealer to service. Without using too much legalese, a bailment is a temporary transfer of property to another for a limited time and for a specific purpose. To be clear, the transfer of property in a bailment is only in regards to possession (and not ownership). The bailor (i.e., you/whoever is on title of the car) is the owner of the transferred property. The bailee (i.e., the dealership) holds the transferred property for the bailor's benefit. Classic bailment situations occur when you (bailor) give your keys/car to a valet attendant (bailee) for the limited time and specific purpose of parking your car, or when you give your broken TV to a repairmen to hold/fix.

As the bailor, you have the right to receive your property back in an acceptable manner (i.e., your car should be returned to you in the same condition you left it if you valet parked it). It's the bailee's duty to return the property in an acceptable manner. Otherwise, the bailee can be liable for the full value of the property.

The legal principles in a bailment situation very often trump the adhesion contract terms contained in a work order, valet parking ticket stub, etc. Your dealer's legal counsel knows this, as does your insurance company. Companies include the waiver language in the work order, however, because it often scares and deters people from suing or bringing claims. Try to stay calm, hear the dealer out, and, if you're not happy with what the dealer is offering, file a claim with your insurance company and leave it in their hands (and, more importantly, in the hands of your insurance company's attorneys).


that is amazing advice, and one thing to consider, is that when you file the claim with your isurance company and they will (subrogate is the word?) against the dealer to have them pay atleast half of the damages, if not 100%

jmbnova 08-06-2007 08:45 PM


Originally Posted by TorranceTL
Sorry to hear about your ride. I'm hoping that they catch the jerk-offs and prosecute them! I just wanted to add my :2cents: worth of legal advice, since everyone on this board was so helpful with car advice.

Under the laws of most states (and I'll have to defer to someone on Acurazine that knows the laws in your state), you create a "bailment" situation when you give your car to the dealer to service. Without using too much legalese, a bailment is a temporary transfer of property to another for a limited time and for a specific purpose. To be clear, the transfer of property in a bailment is only in regards to possession (and not ownership). The bailor (i.e., you/whoever is on title of the car) is the owner of the transferred property. The bailee (i.e., the dealership) holds the transferred property for the bailor's benefit. Classic bailment situations occur when you (bailor) give your keys/car to a valet attendant (bailee) for the limited time and specific purpose of parking your car, or when you give your broken TV to a repairmen to hold/fix.

As the bailor, you have the right to receive your property back in an acceptable manner (i.e., your car should be returned to you in the same condition you left it if you valet parked it). It's the bailee's duty to return the property in an acceptable manner. Otherwise, the bailee can be liable for the full value of the property.

The legal principles in a bailment situation very often trump the adhesion contract terms contained in a work order, valet parking ticket stub, etc. Your dealer's legal counsel knows this, as does your insurance company. Companies include the waiver language in the work order, however, because it often scares and deters people from suing or bringing claims. Try to stay calm, hear the dealer out, and, if you're not happy with what the dealer is offering, file a claim with your insurance company and leave it in their hands (and, more importantly, in the hands of your insurance company's attorneys).

Awesome advice... I really appreciate it.. I am headed down to the dealer tomorrow to talk with them face to face. Thanks for the help man.. seriously.. thank you.

trancemission 08-06-2007 09:19 PM

Jeff, I cant believe it man. Im sorry bro,

Ill talk to you more on AIM...

Anansi 08-07-2007 08:42 AM

Damn Jeff! I'll join the chorus of those in disbelief. I can't believe that's your car! After seeing it in Reston that day, I just wanted mine even more. I finally got it, but it still has a long way to go to be as sweet as yours. Stick to your guns and don't let them get away with anything. They owe you big time!

Anxiously awaiting the update.

TylerT 08-07-2007 09:06 AM

< -- Awaiting an update as well. Good luck man :).

michael.crissie 08-07-2007 09:23 AM

A lot of people are talking about the reasonable security the dealership had in place i.e. the fence, razorwire, and locked gate, but no one has touched on the fact that they thieves would somehow have had to throw the wheels over that fence, as climbing the fence, wheels in hand, would be near impossible. More likely scenario is that the gate was open or unlocked.

ChicagoBurbs 08-07-2007 09:36 AM

B A I L M E N T

New word added to my vocabulary!

A W E S O M E explanation, great advice, wonderful concept!

Thanks TorranceTL!

jmbnova 08-07-2007 10:02 AM

Thanks guys, i really do appreciate the comments...

Update -

I drove to the dealership this morning and asked to speak with the GM or whoever was in charge. After asking 7 times and waiting around for an hour and a half, I had to leave to get to work for a meeting. While I was there however, I let the service guy know that i was extremely unhappy that I had not been contacted about this. He stated that he had absolutely no control over that, which does make sense... not his job...

I told them that they were not allowed to touch, move or alter the current position of the car until USAA and I say it is OK...

Now, noone will return my calls. When I call and ask to speak with someone, they put me on hold and noone ever picks up.

I have now involved my own insurance company and am meeting a USAA rep at the dealership tomorrow to look at the car.

Anansi 08-07-2007 10:08 AM

Jeff,

Not that it carries a whole lot of weight, but every little bit helps. Feel free to remind them of all of the negative press they will receive from your friendly AZ community that will influence service and purchase decisions of those of us in NOVA.


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