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E-Bodies Cuda & Challenger (sponsor: ROSEVILLE MOPARTS) => Cuda & Challenger General Discussion (ROSEVILLE MOPARTS) => Topic started by: mopar thunder on February 22, 2021, 10:10:18 AM

Title: Unfortunate accident
Post by: mopar thunder on February 22, 2021, 10:10:18 AM
Hi Everyone, I haven't posted in awhile because the issues I had with the car after the engine install just got to me. And unfortunately it didn't end there. I need some advice on hood hinges but before I get there here is the background. My transmission had a leak. An acquaintance who has a nice garage set up told me to bring it over and he would put it on the lift. Well a starting issue developed so I put it in my trailer and took it over. Long story short he had it for 1.5 weeks. He asked me to come over so he could tell me his thoughts. I went over late one day and he explained to me what he had been doing. He told me he had a total of $690 in it........ well that was it for me. I said I didn't want o him to look anymore because it was obvious he was chasing parts. So I told him i would come over the next day and get it. Well the next day I got a call and he asked me to stop by. it seems he thought he had it fixed and took it out on the road. During that time he forgot to put the hood pins in it. You you guessed it. Not sure how fast he was going but it flew up, ripped off the hood hinges, hit the top of the windshield, flipped, hit the roof, then the trunk area and rear quarter on the passenger side. I was devastated. I was in shock and he was white as a sheet. He told me not to worry about it that he was responsible and would make it right. Fast forward to when he got the estimate and all of the sudden he was saying he was only responsible for 50%. I got my lawyer involved and he is now paying 100%. But he still wants me to pay the $690. Plus the autobody shop is 3 months behind. i am just at my limit.

Anyway my question after this long story is do you think the hood hinges are still OK or should I get new ones? They stayed bolted to the car. The hood is a custom fiberglass piece.  If anyone remembers the story of my car after the engine incident I am severely thin in patience and drive anymore.
Title: Re: Unfortunate accident
Post by: Cuda_mark on February 22, 2021, 10:41:36 AM
Wow, that is unfortunate. It's good that the guy's insurance covered 100% of the repair though. Things like that happen...you can only hope for the best outcome, which it looks like you got. Once it all gets repaired, you'll be able to enjoy the car again and that will erase all of the bad memories from this incident.
Title: Re: Unfortunate accident
Post by: tparker on February 22, 2021, 10:41:37 AM
Ah man, That sucks. Not sure what to say. I hope he at least had honest intentions. I would think that this would have been an accident, but he should still understand that he should be responsible for the damage. With the hight cost of restoration, I could see him hoping he could split the costs. ouch. I would be devastated too and not sure how long it would take me to save up enough. It would just sit in my case.

As far as the hood hinges, do they appear to have any damage? I would imagine they would have at least bent or twisted a little bit. I would inspect them and make sure they look like they are in good shape. The springs arn't going to be damaged. There could be some issues at the pivot points. And of course the arms could be bent. A little bending might not be a big issue. Also, check the mounting point just to make sure it didn't get pulled out of place.
Title: Re: Unfortunate accident
Post by: anlauto on February 22, 2021, 10:42:29 AM
Man o man that sucks... :o I would say the hinges would be fine....but the body shop should replace them and add it to the invoice in my opinion to be on the safe side. :alan2cents:
Title: Re: Unfortunate accident
Post by: torredcuda on February 22, 2021, 10:54:32 AM
Man , that sucks, I feel for ya as my car has had a rough few years as well. Sometimes taking a break from it is good and you can get back it re-energized.
Title: Re: Unfortunate accident
Post by: js27 on February 22, 2021, 12:56:39 PM
Wow-life sure has a way of kicking you in the gut. Sounds like it will all work out in the end and I would get new hood hinges for sure.
JS27
Title: Re: Unfortunate accident
Post by: Mopsquad on February 22, 2021, 01:59:35 PM
Ripped off the hood hinges.  That's quite a bit of mechanical force on a finicky part - If you've ever had to adjust a hood.  Even with small torsional damage to the hinges, it may make it very difficult to adjust the hood properly.  I guess whoever will be adjusting the hood will tell you if they work or not.  If you can't submit for new hinges after the fact, then get the new ones now.
Title: Re: Unfortunate accident
Post by: mopar thunder on February 22, 2021, 04:04:53 PM
Quote from: tparker on February 22, 2021, 10:41:37 AM
Ah man, That sucks. Not sure what to say. I hope he at least had honest intentions. I would think that this would have been an accident, but he should still understand that he should be responsible for the damage. With the hight cost of restoration, I could see him hoping he could split the costs. ouch. I would be devastated too and not sure how long it would take me to save up enough. It would just sit in my case.

As far as the hood hinges, do they appear to have any damage? I would imagine they would have at least bent or twisted a little bit. I would inspect them and make sure they look like they are in good shape. The springs arn't going to be damaged. There could be some issues at the pivot points. And of course the arms could be bent. A little bending might not be a big issue. Also, check the mounting point just to make sure it didn't get pulled out of place.

Apparently he doesn't have insurance or refuses to put it on it. he asked me if I had insurance at one point. I was like "did you really just ask me that?"
Title: Re: Unfortunate accident
Post by: mopar thunder on February 22, 2021, 04:10:36 PM
He got nasty at one point, blowing my phone up, threatening me, telling me the next time we see each other its not going to be amicable....etc. I am so Thankful I have the wife I do because I had hit my boiling point but my wife kept me somewhat even keeled. Not sure how it will go from here on out. My fingers are crossed he just pays for it and then doesn't bother me. Because once that car if fixed all bets are off if he continues. I called the body shop today because he was supposed to give them $2,700 down as he promised. Well he only gave them $1200. So hopefully this isn't the future.
Title: Re: Unfortunate accident
Post by: dodj on February 22, 2021, 04:20:18 PM
I hope it works out for you. Once money gets involved, you really get to learn a person's character. For better or worse.
Title: Re: Unfortunate accident
Post by: RUNCHARGER on February 22, 2021, 04:42:19 PM
Gotta love guys like that. So who does he think SHOULD pay for it?
Title: Re: Unfortunate accident
Post by: CudaMoparRay on February 22, 2021, 05:00:01 PM
Sorry to hear your troubles but with a light hood popping off the hinges might be alright.
BUT I would replace them either way for safety and convenience sake.
Wishing the best outcome  :fingerscrossed:
Title: Re: Unfortunate accident
Post by: jimynick on February 22, 2021, 06:53:15 PM
My take on it is that if the hinges look alright and the hood bolts on alright and adjusts/closes alright and you use hood pins, why do you need to change them? It's not about money, it's just that like the old saying goes- "if it ain't broke, don't fix it!" However, it's your car and your call. I don't know how your insurance works where you are, but in Canada, you could call your own company and they'd pay for the repairs and subrogate (go after him) for the costs involved. Based on your relation of how this is going so far, you may want to explore that.  :thinking:
Title: Re: Unfortunate accident
Post by: B5fourspeed on February 22, 2021, 08:42:57 PM
I would have a police report taken.One for the accident and 1 for him threatening you.
Title: Re: Unfortunate accident
Post by: Shoooter on February 22, 2021, 09:43:28 PM
This is terrible.  Hope it gets worked out and he steps up. I had a issue at the boarder where the Canadian boarder agent damaged my car. They told me there trained professionals and I had no proof.  Too bad or get a lawyer.  I went through insurance and they went after the boarder and got there money.

Does he think you should be using your insurance to cover this??
Title: Re: Unfortunate accident
Post by: HP2 on February 23, 2021, 06:27:30 AM
If the hood is fiberglass, I'd think the hinges are fine.  An E body hood is massive and if it caught enough wind to lift, that is a huge amount of force. I'm not surprised it ripped it off the hinges.
Title: Re: Unfortunate accident
Post by: HP_Cuda on February 23, 2021, 10:16:43 AM

I'd just get new ones and not worry about it anymore.

Live and learn.
Title: Re: Unfortunate accident
Post by: chris NOS on February 24, 2021, 01:17:00 AM
That's terrible , i wish you the best with this situation.
Title: Re: Unfortunate accident
Post by: soundcontrol on February 24, 2021, 01:36:11 AM
Damn, horrible situation! Hope it gets worked out.
He had to go pretty fast to rip the hood, it happened to me once,
and I was going around 40mph, but I hit the brakes quick and managed to stop before the hood was all the way up.
Not fiberglass though.
Title: Re: Unfortunate accident
Post by: mopar thunder on February 25, 2021, 06:27:09 AM
Quote from: RUNCHARGER on February 22, 2021, 04:42:19 PM
Gotta love guys like that. So who does he think SHOULD pay for it?

At first he said he would the day it happened then he said he thinks I should pay for 50%. The most recent he said he would pay for all of it when I mentioned my lawyer. But he didn't give the autobody shop what was required so already thinknig the worst.
Title: Re: Unfortunate accident
Post by: nsmall on February 25, 2021, 10:53:53 PM
Like your other thread, I am cheering for you and hoping for the best.  Hopefully this is the last major hurdle you have to jump with this car.
Title: Re: Unfortunate accident
Post by: mopar thunder on March 21, 2021, 08:16:14 AM
Well here is an update. He once again backed out and the last text he sent me was he wants me to pay 50%. He is such a S.O.B. all because i pushed my hood down the night before he thinks I am responsible, lus still pay him the $690 for basically nothing because he had no idea how to fix my issue. I called the lawyer one more time and he said just ot put it thru my insurance at this point and let the subregation team go after his insurance, that is if he has any. The lawyer said that way at least the car is in the process of repair and if the subregation team doesn't get anything then I can still take him to small claims court. At this point I just want his looser, unethical ass to be responsible for it, do what is right. I'm not good when I have to wait for other processes to work. This could go on for the next 6 months I bet. Well let's hope he has insurance and the subregation team can get this closed as soon as possible.
Title: Re: Unfortunate accident
Post by: jimynick on March 21, 2021, 05:57:14 PM
You shouldn't have anything to do with the subrogation team, they work for your company and whether they get anything from buddy, shouldn't impinge on you. There is such a thing as uninsured driver coverage which kicks in if the other party has no insurance. Is that the case here? If he's a licenced driver, you should be covered by your own insurance. Check with your agent to get the finer points of your policy. As for paying for the work he did, did he provide you a work order or estimate? Does he have a business? Is he charging/paying any valid taxes? If you pay anything, pay by cheque, not cash, or he can say it never happened and do everything via email, that way you'll have a record and he can't say "that  never happened". Personally, I'd say for him to take the repair charge to you off the repair estimate and to make arrangements to pay the balance, or have the company pay it. Good luck   :cheers:
Title: Re: Unfortunate accident
Post by: mopar thunder on March 24, 2021, 01:32:36 PM
Quote from: jimynick on March 21, 2021, 05:57:14 PM
You shouldn't have anything to do with the subrogation team, they work for your company and whether they get anything from buddy, shouldn't impinge on you. There is such a thing as uninsured driver coverage which kicks in if the other party has no insurance. Is that the case here? If he's a licenced driver, you should be covered by your own insurance. Check with your agent to get the finer points of your policy. As for paying for the work he did, did he provide you a work order or estimate? Does he have a business? Is he charging/paying any valid taxes? If you pay anything, pay by cheque, not cash, or he can say it never happened and do everything via email, that way you'll have a record and he can't say "that  never happened". Personally, I'd say for him to take the repair charge to you off the repair estimate and to make arrangements to pay the balance, or have the company pay it. Good luck   :cheers:

The insurance guy just received the insurance estimate so not sure if it went to subrogation yet. He never gave me an estimate, or work order. He is not a business at all and as for taxes I seriously doubt it because he only wanted cash. I'm not paying him a dime until my car gets fixed and paid for. If the subrogation team doesn't pursure this I will be going to small claims court.
Title: Re: Unfortunate accident
Post by: 70 Top Banana on March 24, 2021, 06:30:58 PM
  :bigthumb: I agree. Make it a part of the repair and have the shop install and adjust  as needed.
Title: Re: Unfortunate accident
Post by: 70 Top Banana on March 24, 2021, 06:42:34 PM
Your attorney gave you good advice. If your insurance company repairs your car they can go after the guy. In fact they may be able to get your deductible out of him as well. Ask the adjuster or the agent if they can recover your deductible.
If they can't get your deductible then you will have to go to small claims court. He may do the same for the $690 and a judge May give you the deductible amount or he/she could offset one against another but I sure wouldn't pay him a dime.

Title: Re: Unfortunate accident
Post by: mopar thunder on March 27, 2021, 02:56:20 PM
Thanks for all the advice and support. it's just really sad how people turn after a dollar figure comes around. The guy showed he doesn't have any integrity and lies thru his teeth. He is just a worthless piece of shit that I hope gets his in the end. 
Title: Re: Unfortunate accident
Post by: Jay Bee on March 27, 2021, 03:06:32 PM
I brought this up with the shop guys doing my car, hood pin issue and all. Without thinking about it they all agreed that the driver of the car is 100% responsible for the damage.
Title: Re: Unfortunate accident
Post by: Spikedog08 on March 27, 2021, 03:11:02 PM
Wow that's a sad story.  Hope it all works out and the car get fixed.   :bigthumb:
Title: Re: Unfortunate accident
Post by: YellowThumper on March 28, 2021, 04:15:06 PM
Agreed with what is the consensus. Driver is at fault.
Just ask any rig driver whose fault it is with their loads.
Doesn't matter who loads it. Driver must confirm prior to departure.
Hope he is the one who ends with the short stick.
Title: Re: Unfortunate accident
Post by: mopar thunder on April 01, 2021, 06:30:26 PM
Well I got a call today and the insurance adjuster cut a check for the repair but also informed me of something. He isn't sure that my premiums won't go up and the Subrogation Team may not pursue it because he thinks it will turn out as a he said... he said... argument. So I checked with the lawyer and he said since they cut a check I can't go after him for any of it. GGGRRRRRR.... what about the loss of use, the stress from it, etc. I wish I would have known this before I filed a claim, I would have taken him to court first! Now if they don't go after him he skates away with no responsibility. How does this crap happen....... That SOB Ahole damaged my car because of his stupidity and he doesn't have to pay. The insurance claim ended up being close to $10k. Plus I may have to pay my deductible and higher premiums now..... what the hell. I've been getting the let Karma take care of him speeches and I'm not buying that. 
Title: Re: Unfortunate accident
Post by: jimynick on April 01, 2021, 07:36:14 PM
There's something not right here. Why would the subro team having an argument, have anything to do with this as far as you're concerned? Are you telling me that they wouldn't go after a $10k loss? somebody's blowing smoke up you kilt here laddie. I worked as a licenced bodyman, auto insurance appraiser for 33 years and I can tell you without fear of reproach, they'll go after him and even if they don't, why should that up your rates?
  The only scenario harmful to you is that your own company closes the claim on a third party basis and proceeds on your uninsured motorist coverage, thereby generating a claim not covered by accident forgiveness and thereby giving your coverage rate a hit.
  And as for going after the guy, be careful here, you just made a veiled threat against him and lawyers will be the only ones who'll win here.
  You paid for insurance, just make sure you receive a fair settlement; and remember this as well, at the end of the day, it's a car, not your son or daughter, and working yourself up into a coronary level rage over all this BS, only hands the win to someone else. Remember the old saying- "and this too, shall pass" Be well.  :cheers:
Title: Re: Unfortunate accident
Post by: tparker on April 02, 2021, 11:03:54 AM
Out of curiosity, what insurance do you have? Classic car insurance, standard, other?

Sorry to hear this has been such a pain. Hopefully your car will be fixed soon and you can be off down the road again and leave that crap in the past.
Title: Re: Unfortunate accident
Post by: B5fourspeed on April 02, 2021, 11:07:31 AM
That hood could of hit cars behind him and caused a major crash of multiple cars.Think of the claim if that happened.The guys is a jerk.Write a review of his business if possible.I am glad you have insurance and your car will be repaired.
Title: Re: Unfortunate accident
Post by: DeathProofCuda on April 02, 2021, 12:03:34 PM
Quote from: B5fourspeed on April 02, 2021, 11:07:31 AM
Write a review of his business if possible.

If I am understanding the details of this situation correctly, the guy doesn't have a business, which is probably part of the problem here. 

Sounds to me like he was just an acquaintance (or former buddy?) that had a nice garage and offered to do some work for the OP on the side.  Maybe that is why the insurance company doesn't feel that their case is solid enough to pursue??? 
Title: Re: Unfortunate accident
Post by: mopar thunder on April 02, 2021, 04:13:59 PM
Jimmynick - Thanks for the advice and for everyone else's suppport. I didn't mean to make it sound like the Subrogation Team isn't going after his insurance. I was told they may not. So if they don't  and the claim is paid basically there isn't much I can do to get him to pay something. I would have to swallow it and move on. The adjuster is the one that said he isn't sure if my premium won't go up. So hopefully he isn't as informed in that area and my premiums won't go up when all is said and done. it's a tough pill to swallow with everything else going on in this world that someone who is liable for the damage may not pay for it in the end. Yes, the car will be fixed and I will be able to once again drive down the road.
Title: Re: Unfortunate accident
Post by: mopar thunder on April 02, 2021, 04:15:59 PM
Quote from: tparker on April 02, 2021, 11:03:54 AM
Out of curiosity, what insurance do you have? Classic car insurance, standard, other?

Sorry to hear this has been such a pain. Hopefully your car will be fixed soon and you can be off down the road again and leave that crap in the past.

Yes it is Classic Car insurance. Now that a check is coming I'm hoping the bodyshop will go all in and finish it within a few months.
Title: Re: Unfortunate accident
Post by: ebodyproducts on April 06, 2021, 06:02:42 PM
It'll be fine


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Title: Re: Unfortunate accident
Post by: mopar thunder on April 07, 2021, 12:59:18 PM
Well I haven't heard anything from the insurance company. So no news is good news in this case. I did receive the check and got a payment tot he autobody shop. I wasn't aware that he bought supplies with the original $1200 and has done nothing on it since I dropped it off Feb 12. almost 2 mos ago. I took the ride to the shop to personally give him the amount he asked for and the car looked like hell. I know it is a body shop but I left my trailer there so he could store it while he wasn't working on it. I though he had done something but it wasn't meant to be. So the original 3 mos time to finish it just started so I am looking at getting my car back sometime in July.... hopefully.
Title: Re: Unfortunate accident
Post by: RUNCHARGER on April 07, 2021, 04:19:10 PM
For gosh sakes. You better stop in twice a week from now on. Yank it immediately if you see nothing getting done, you don't need another problem.
Title: Re: Unfortunate accident
Post by: ebodyproducts on April 07, 2021, 05:16:52 PM
I've heard of shops parting out cars. Keep a close watch.


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Title: Re: Unfortunate accident
Post by: challengermaniac on April 07, 2021, 10:24:29 PM
Well, at first glance this certainly has been a hard pill to swallow, although must say how much I appreciate jimynick's perspective of this being "just a car" and not worth shortening your life expectancy over due to stress.  There is a lot to be thankful here in that you were insured and no one was injured.  So take the advice of your better half and calm the emotion over this "just a car" having the confidence this will all work out within reason.  That also goes for thoughts of chasing this guy down in court which would be a complete waste of time, money and emotional energy.  In the end, you will be the winner having your car professionally repaired (sounds like timely follow up is needed there) and if you have to pay up a little to settle due to the deductible you can use that amount as an offset for whatever documented expenses the neighbor comes up with.  Best!

Ps: just a note of how much us Yanks smile on the infrequent occasion we hear or read the word "kilt", thanks jimynick!
 
Title: Re: Unfortunate accident
Post by: mopar thunder on April 15, 2021, 06:42:40 PM
Update:  I did hear back from the insurance adjuster and he indicated that the Subrogation Team has decided to pursue this. I feel better now that he told me that. Maybe there is some justice in this world after all. I did call the body shop and he said that he is working on the hood first since that will be the hardest. I am going out of state next week but I will follow up with him again while I am away.
Title: Re: Unfortunate accident
Post by: mopar thunder on August 12, 2021, 05:39:35 PM
Well this is the final post for this. I have lost all faith in our judicial system, and this country in general. I was notified 2 days.  ago the Subrogation Team has decided not to pursue this. They took a statement from the aHole and he lied thru his teeth. he said he didn't drive my car, he never worked on anything under the hood and he sid the hood flew off after he pushed it out of the garage and the wind caught it. Are you Fn kidding me. They said since it is a totally different story I need ot have proof he got in the car and drove it or he opened the hood.  :pullinghair: I said he took the car w/o my permission even after i told him not to drive it. i have texts of him telling me he will 100% pay for it but that doesn't say he drove it. It's unbelievable how this whole thing went and ended up. To throw salt in the wound I won't get my deductible back, i loose value in the car now that it has a claim on it and my prermiums are probably going up. So you tell me how I can be calm about this. I have had stress for 7 months over this. I haver totally lost my interest not only in the car but with my 68' Charger and in the hobby all together. I'm not sure I am going to keep the car once I get it back. He got away with damaging my car to a tune of over 10K and I can't do a thing.
Title: Re: Unfortunate accident
Post by: Mopsquad on August 12, 2021, 06:02:06 PM
What the fuzz!  That fit's in the definition of BS and the mechanic just got his picture in the Funk and Wagnalls under scumbag.
Title: Re: Unfortunate accident
Post by: Marty on August 12, 2021, 06:28:35 PM
Wish I could say or do something to make you feel better and make it all go away... but I've got nothing.   :(
Title: Re: Unfortunate accident
Post by: YellowThumper on August 12, 2021, 09:57:23 PM
Real sorry to hear of issue and how it has played out.
I do believe in karma...
Best of wishes you get thru this mentally for peace.
Title: Re: Unfortunate accident
Post by: torredcuda on August 13, 2021, 05:11:15 AM
It sucks and I get you are pissed but you need to move on from this, if I stayed upset and stressed about every time I`ve been screwed by someone in my life I`d be pretty miserable, the last time was for a few thousand dollars by a contractor and I recouped $0. At the end of the day you are out your deductible and a slight increase in premiums, I doubt a claim on a 50 year old car is going to devalue it much if any. Don`t let one A-hole ruin your enthusiasm for a hobby I assume you otherwise enjoy.
Title: Re: Unfortunate accident
Post by: HP2 on August 13, 2021, 06:48:35 AM
IMO, the world is full of sleazy, lying, cheaters who would sell their sister for a buck if they could get away with it. I'm remined of a famous movie line...its not what you know, its what you can prove. Your desire for penance is an underlying wish that is making the situation worse for you with no impact on anyone else. If you want to take such a fatalistic view of it, unload all your cars and move to another country because of one slime ball, well, then he wins. You willing to give him that too?

FWIW, I had a similar situation occur with my HOUSE. Not my car, not my toys, my primary residence. Took em to court, won the case, they filed bankruptcy and walked. They got away with $150,000 worth of BS.  I'm sure we could pull up any example of top tier con-men who have duped otherwise smart people out of millions of dollars. Bernie Madolf anyone?

Let it go.  As messy as this situation is and in spite of your view of the US overall, it certainly could be much, much worse.
Title: Re: Unfortunate accident
Post by: Montclaire on August 13, 2021, 09:34:40 AM
"Justice" is a fantasy.  You still have your car, it's repairable, and the insurance covered it.  Next time go to a professional mechanic that is insured or do what the rest of us have been forced to do and make your own repairs. At least if you are the one who screws up, there is no one else to blame. Crappy mechanics and body shops are, unfortunately, part of owning a classic vehicle.

Get the car fixed and do some burn outs, you'll be fine.