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re: Calling Lawyers of the OT: Liabiliy for damages to customer property

Posted on 12/4/18 at 4:42 pm to
Posted by theOG
Member since Feb 2010
10502 posts
Posted on 12/4/18 at 4:42 pm to
quote:

I'd never be so cavalier and unprofessional as to give actual legal advice on a message board, but I think folks should know this is what Civil Code article 2004 says:


Feels like legal advice to me. Pursuant to La. ROPC 8.3(a), I feel like I have a duty to report this post to the ODC. Sorry, bud.
Posted by CptRusty
Basket of Deplorables
Member since Aug 2011
11740 posts
Posted on 12/4/18 at 4:42 pm to
Seems my initial impression is confirmed.

To compound the stupidity here, this shop (Titan Motorsports) has made a name for themselves in the aftermarket performance automobile market. That market is primarily driven by reputation and word of mouth...this is an incredibly stupid move on their part regardless of the eventual legal outcome (which they look very likely to lose).

I would say they're being penny wise and dollar foolish, but they're not even likely to win the incoming lawsuit, so...just flushing their name down the toilet for what? $10-20k? Foolishness.
Posted by boosiebadazz
Member since Feb 2008
80185 posts
Posted on 12/4/18 at 4:44 pm to
Can I limit the characterization and nature of a statement by a super sweet and ironclad preamble to the statement clearly disclaiming what the statement clearly is not?

I feel like we should get a code article on that.
Posted by Placebeaux
Bobby Fischer Fan Club President
Member since Jun 2008
51852 posts
Posted on 12/4/18 at 4:52 pm to
Shops have insurance for driving customers cars
Posted by Mingo Was His NameO
Brooklyn
Member since Mar 2016
25455 posts
Posted on 12/4/18 at 5:14 pm to
quote:

Any clause is null that, in advance, excludes or limits the liability of one party for intentional or gross fault that causes damage to the other party.

Any clause is null that, in advance, excludes or limits the liability of one party for causing physical injury to the other party.


Does this make the contract as whole voidable or just void the specific clause?
Posted by Hangit
The Green Swamp
Member since Aug 2014
39068 posts
Posted on 12/4/18 at 5:35 pm to
The car owner asked for the shop's insurance information and was denied. The attorney for the car owner's insurance company has written a letter to the shop asking for their insurance information.


The owner of the shop lives in a $1.3 million dollar home with 12 bathrooms. In Florida, you cannot lose your home in a lawsuit.


Mention of this shop's bad acts are all over the internet, with some commenting from Canada. It is on speed forums, business reviews, Orlando news, and, well, even here. They are fooked.
Posted by agrippinatit
Member since Jul 2019
1 post
Posted on 8/21/19 at 10:19 pm to
Titans mechanic hurt the other driver involved in the accident. Lawsuit against them is available via public record search on Orange county clerk's website.
Posted by LSU Delts
Louisiana
Member since Dec 2007
2548 posts
Posted on 8/21/19 at 10:52 pm to
I don’t know of any shop that makes you sign a waiver. I do you you sign giving them permission to make a said repair on the vehicle with an estimate on it.
This post was edited on 8/21/19 at 10:54 pm
Posted by LSUA 75
Colfax,La.
Member since Jan 2019
3700 posts
Posted on 8/21/19 at 11:18 pm to
Friend of mine took her car to dealer for service.Car fell off lift and was severely damaged .Dealer just gave her a new car without any acrimonious debate.
Posted by tigerpimpbot
Chairman of the Pool Board
Member since Nov 2011
66892 posts
Posted on 8/22/19 at 6:43 am to
quote:

Hansen showed WESH 2 News a letter from his insurance company to Titan that stated the shop's operations manager has refused to provide Titan's insurance information and asking them to do so.

"I feel like I'm getting jerked around here. Your company destroyed my car under your negligence and I feel like you guys need to take care of this," Hansen said.

Nero Deliwala, the owner of Titan Motorsports, told WESH 2 News over the phone the contract Hansen signed releases Titan from responsibility for any damage that occurs when a car is in their possession.


Nero is a fricking idiot and a douche. Once you request insurance under 627, the business is required to provide it. Otherwise the business is giving their carrier the right to pull coverage for the incident. Also like some others said, you can’t contract out of your own negligence in FL. Can’t wait for the update on this story.
Posted by stelly1025
Lafayette
Member since May 2012
8495 posts
Posted on 8/22/19 at 6:57 am to
quote:

Shop told car owner to file on his own insurance, 


That doesn't sound right, it sounds like the shop the vehicle was brought to was not insured. Lawyer up and go after them.
Posted by SabiDojo
Open to any suggestions.
Member since Nov 2010
83927 posts
Posted on 8/22/19 at 6:59 am to
Why was this bumped?
This post was edited on 8/22/19 at 7:00 am
Posted by stelly1025
Lafayette
Member since May 2012
8495 posts
Posted on 8/22/19 at 7:05 am to
ask
quote:

agrippinatit
Posted by Sidicous
Middle of Nowhere
Member since Aug 2015
17127 posts
Posted on 8/22/19 at 7:07 am to
Back in 1984 I worked for a Buick dealer in downtown Tulsa during Summer and Fall to pay for college. Reclaimed a bunch of flooded cars from the Memorial Day Flood and then detailer at the body shop.

One of the other guys was driver for the service dept.. That guy had been fired from a oil change place for leaving the drain plug off a then new edition corvette resulting in total engine replacement. Well, one of the Penthouse magazine column writers brought her DeLorean in for service and the service driver trying to show off as he went to park it barked the tires and backed into a brick wall.

There's no paint on DeLoreans, stainless steel bare metal body. That car sat at the body shop back lot for months with lawyers stopping in occasionally to view/photograph it. Cost the dealership several hundred thousand over time and fees then a settlement.
Posted by RebelExpress38
In your base, killin your dudes
Member since Apr 2012
13506 posts
Posted on 8/22/19 at 8:19 am to
If the garage has garage keepers insurance policy then his carrier will pay this quickly. Try to find out the carrier and if he keeps giving you the run around contact them directly.
Posted by SquintEyedSoutherner
Member since Jul 2019
80 posts
Posted on 8/22/19 at 8:33 am to
quote:

Ole mechanic baw driving illegally is not standard procedure.



This!
Posted by ragincajun77
Member since Jul 2019
911 posts
Posted on 8/22/19 at 9:08 am to
Yeah as I'm sure all the other lawyers in this thread have already said, you cannot waive negligence in Louisiana. So all those waivers you sign are not worth the paper they are printed on
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