Fellow Vette Owners & Members....Please Help Me!!!
09-01-2016, 04:00 AM
#1
Burning Brakes
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Member Since: Jul 2005
Location: Charleston, SC South Carolina
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Fellow Vette Owners & Members....Please Help Me!!!
Hello Friends. Please take the time to read my story. I'm in dire need of help/advice/guidance.
As many of you might know I started a thread a couple weeks ago called "Why me....." https://www.corvetteforum.com/forums...72-why-me.html
Everything has since went completely down hill and I'm at a loss for what to do.
Just a quick recap, if this is the first time you are hearing this story...
I purchased my dream car (15' Coupe z51, white on/red, chrome wheels) in the beginning of June of this year. It was quickly the happiest time for me as I was in love with the car. This is now my 5th Vette I've owned. Well after having the car two months and only making one car payment I was on the way home for my dads birthday when sitting at a red light a woman in a blazer hits me from behind. I was at a dead stop at the light for at least a minute when she hit me. She told me she didn't even see me and quickly apologized. I called Highway Patrol and a city cop arrived and the girl did not receive a ticket after she admitted to the cop she wasn't paying attention when she hit me. The cop however wrote down that I was not at fault but she was.
My car, still drivable with the cop following me was taken to my local Chevy dealership by my house only 10 mins away. I walked into the body shop, signed over the papers for them to take responsibility for fixing the car and gave them the keys. I also called Geico and filed the claim on my insurance. I called State Farm which is the girls insurance company but they wouldn't go further with the claim until they spoke to their client. This means they wouldn't issue me a rental until that time, so I just filed under my insurance and told them to call me when they spoke to the girl who hit me.
Two days later I received a call from my Geico adjuster Mike and was told I could meet him the next day at the body shop to look at the car together for the first time. Next day rolls around and we both pull into the shop at the same time, and walk into the shop. When we walk in, I walk in to see my car stripped down. (Top off, back hatch off, back bumper off, and the quarter panels had been ripped off, yes ripped off). Mike took pics and told me that he would leave an estimate with the shop and I could pick it up tomorrow.
I go back to the body shop the next day and pick up the estimate for $8K. When I walked back to look at my car before leaving they had taken the carpet out, removed all wiring, and had the exhaust out. They said that the hull/tub had been damaged and also the back impact bar was damaged. It was really hard to look at my car in this condition so I just said ok and left. After taking pictures of everything.
Couple days go by and I go back to the shop to check on my car and its not there. They had transported my car on a rollback to another Chevy dealership 20 mins down the road. They said it was to have the back impact bar cut off and the new one welded on. I never gave permission or received word that they were going to have my car moved. I said ok and quickly drove to the other dealership to check on my car. Sure enough when I arrived the car was up on a frame rack. They said the new back impact bar the first body shop had ordered was wrong and it would prob take a day or two to get the right one in. So I took pics of the car and left. I was told the car would be back to the first body shop by the end of the week so repairs could continue.
At this point discouraged and upset I reached out and started doing research on diminished value claims. I found a local man who has a business in both Charleston where I live and one in GA. I reached out to him and he said he would help me and all he had to do was go by the shop, take a few pics of the car, and once the car was fixed he would submit the diminished value claim to Geico on my behalf. He went by during the week sometime to do so.
Friday rolls around and I called the 2nd body shop to see if the part was in and if they had it finished. I was then told that when they were trying to weld the new impact bar on the back of the car that they broke/cracked the back arm of the frame. I was told that the frame is aluminum not steel and it doesn't have much give. I was told by the head of the body shop that he thinks that since it was that easy for them to pull/break/crack the frame at that spot on the car then it could have further damage on up the frame to the front of the vehicle. I asked where do we go from here and he told me that Geico would have to come out and readjust the car because the damage is more than they thought and the price of the repair would go up.
When I left I tried several times to call Mike my Geico adjuster. I left several text and voicemails asking for him to please reach out to me. At that point I got a call from the original body shop who is responsible for my repairs and was asked to come into his office. He sat me down and looked straight into my eyes and told me that he was no longer going to fix my car. I was like what do you mean. He then took a piece of paper....balled it up.....then flattened it out....He said this is your car, its been wrecked, and I can't put it back together again like it was before the accident, it will always be a wrecked car. Stunned I asked again why are you not going to fix my car. I said it sounds like you are not standing behind your work. He then tells me no, actually I'm not going to fix your car because of a personal issue I have with the 3rd party you had come to my shop to look at the vehicle. He said he has personal history/ bad history with the man. I asked what they had to do with me. I said I need to have my car fixed. You signed a contract with me to fix it, you've completely torn my car apart and now you are telling me you are gonna walk away from it. He said YES. He even went as far to say that he had already spoken to Mike with Geico and told him he's not gonna fix it and that he had spoken to the 2nd body shop where the car is on the frame rack and he is not gonna fix my car either. At this point....seeing only red I got up and walked out of his office.
I immediately started blowing up my adjuster Mike's phone and he would not answer me. I even called his supervisor, who was already gone for the day and left a message for her to call me. I then called the 2nd body shop where the car is located and asked if they would fix the car and he told me no, when I asked why he said because the first body shop wont. Because they are sister dealerships apparently.
Completely frustrated and mad I had to dwell on this all weekend. On Monday the supervisor at Geico called me and tried to say that Mike was sick, she agreed that it was unacceptable that he didn't at least text or call me back. I said its really messed up that he had the time to talk to the dealership but not to me. She basically said if the two shops wont fix the car that its my responsibility to find someone to fix it. I asked her basically what am I paying you $200 a month for. This was not my fault and the car has been started, torn apart and now is in pieces with my car at one body shop and parts at another and they are refusing to do the repair.
I started reaching out to other Chevy dealerships in the area. I want the car fixed by a licensed corvette tech so I only looked at Chevy dealerships. Well there were some around but without body shops....so the next closest one was literally over 2 hours away. I spoke to them and they said if I had the car there this Monday Aug 29th that they will be able to start on the car. I explained in detail the condition of the car and they said they could help. Feeling a little better, not much, about the situation I called the Geico supervisor back and she said she will reach out to the 1st body shop and have my parts packaged up and safely transported to the 2nd body shop where the car is still located. She also told me that she would handle setting up the tow truck driver to pick up and deliver the car to the new shop on Monday.
Well...............................Monda y rolls around and I'm actually coming back from out of town and I'm 10 mins from the new body shop where my car is going to be delivered. I stop by the shop and ask if there is anything I need to sign before my car gets dropped off so they can stat repairs. She said no, as long as they make the new repair check out to us everything should be fine. So I left and started back home. That when I notice that its raining outside. I didn't think anything of it, then all of a sudden it really starts raining hard.
Again...not thinking anything of it, my friend in the town where my car is leaving to be transported to the new body shop calls. He begins to tell me that he's sitting at a red light beside the tow truck delivering my car.....AND THE TOP IS OFF AND THE CAR IS NOT WRAPPED IN PLASTIC OR COVERED IN ANYWAY AND COMPLETELY EXPOSED TO THE WEATHER!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
At this point I lose it. I called the supervisor at Geico and explained the situation and what was about to happen to my car being transported like this in a rain storm for 2 hours. She said "Well, they were suppose to put the top on or at least cover the car, but at this point there is nothing we can do since its on the truck and in transport to the shop. I hang up the phone. I keep saying how is the happening to me, how is this happening to me, how is the happening to me.
Sure enough, about 2 1/2 hours later I get a call from Geico who has the owner of the Chevy dealership where the car is suppose to be delivered for repairs. He says he can't take responsibility for my car or repairs because of the condition the car was delivered to his shop. he said the car is completely exposed and is soaked. He said he can't be held liable as I'm going to have electrical issues moving forward as well as other issues from this. He went on to say how he can't understand how in the hell a dealership would let a $80K corvette leave its shop like this or how a tow truck driver would even do this. He said the best he can do is have his people hurry and try to cover the car in plastic to keep it from getting further destroyed. At this point he gets off the phone and I'm left with the Geico lady.
At this point I really let her have a piece of my mind. I feel bad because she has nothing to do with the situation. She was just the one who answered the phone when the owner of the dealership called. She said we need to find some where to take the car ASAP to get it out of the weather. I told her at this point as far as I'm concerned Geico has bought that car and she can do whatever she wants. I hang up the phone and she calls back 5 mins later and tells me she found a place to take the car. There is another Chevy dealership 20 mins away who according to her said they would take the car and could right away put it in a bay. I told her to do whatever she wanted because they were gonna buy that car as far as I was concerned. Well I'm sure you can guess what happened next. They towed the car to the 4th body shop now and they are refusing to fix the car because of how damaged the car is from rain and original body shop. They were nice enough to put the car inside the building so it wouldn't be left out in the elements.
Currently that's where the car still is as of Monday of this week.
I called the Geico supervisor and demanded that she send someone in the area over there ASAP that afternoon to look at the car in the condition it was in. I was told no one was available. They waited until today to go by and had the nerve to say that they car was dry inside. She called me today and said Geico has done everything they can do for me. She said she even reached out to some Geico affiliated body shops in the same area where the car is located now and no one wants to fix the car. She then told me it was up to me to find a shop to fix it. I said lady...you are Geico, if you can't find a shop how the hell am I?
I spent all day today on the phone with different lawyers trying to find someone to take my case. But no one wants to take it. They are viewing it in the end as a property case and apparently there is no money in that for them. To me it sounds like they could go after breach of contract from the first dealership who signed off to do the repairs and stopped when they tore the car apart and refused to fix it further because of "personal" reasons.....or discrimination case because the first body shop is discriminating again me because of having a 3rd party look at the car for diminished value, which is my legal right to do so.....and most definitely a case against how the car was transported! Everyone wants to charge me $350-400 an hour and they don't seem optimistic at all. They said its gonna take a lot of money and time and we can't promise anything.
I'm not trying to get rich off of this. I just want my car loan paid off so I can find and buy another car. I have never heard of anything like this before and I'm completely beside myself. I've got 15 days before my next car payment is due. Do I just call the bank and default on the loan? I can't afford to continue to pay on the car that's not getting fixed! I'm calling the states insurance comminoshenorin the morning to see if they can help me in any way. But at this point I don't know what to do anymore.
Is this what happens to people now a days? I was 100% not at fault. I bought a brand new car, had it two months, was hit from behind, car has been to 4 Chevy body shops and no one will fix it. Now the car has water damage and I can't get a lawyer to fight for me. This is what I've been dealing with since the first of August. This Sat will be 4 weeks. Everything that could have possibly went wrong has. How can I get justice! Please if anyone can help me let me know, either on this thread or PM me. I have pics of every stage of my story.
Lance
As many of you might know I started a thread a couple weeks ago called "Why me....." https://www.corvetteforum.com/forums...72-why-me.html
Everything has since went completely down hill and I'm at a loss for what to do.
Just a quick recap, if this is the first time you are hearing this story...
I purchased my dream car (15' Coupe z51, white on/red, chrome wheels) in the beginning of June of this year. It was quickly the happiest time for me as I was in love with the car. This is now my 5th Vette I've owned. Well after having the car two months and only making one car payment I was on the way home for my dads birthday when sitting at a red light a woman in a blazer hits me from behind. I was at a dead stop at the light for at least a minute when she hit me. She told me she didn't even see me and quickly apologized. I called Highway Patrol and a city cop arrived and the girl did not receive a ticket after she admitted to the cop she wasn't paying attention when she hit me. The cop however wrote down that I was not at fault but she was.
My car, still drivable with the cop following me was taken to my local Chevy dealership by my house only 10 mins away. I walked into the body shop, signed over the papers for them to take responsibility for fixing the car and gave them the keys. I also called Geico and filed the claim on my insurance. I called State Farm which is the girls insurance company but they wouldn't go further with the claim until they spoke to their client. This means they wouldn't issue me a rental until that time, so I just filed under my insurance and told them to call me when they spoke to the girl who hit me.
Two days later I received a call from my Geico adjuster Mike and was told I could meet him the next day at the body shop to look at the car together for the first time. Next day rolls around and we both pull into the shop at the same time, and walk into the shop. When we walk in, I walk in to see my car stripped down. (Top off, back hatch off, back bumper off, and the quarter panels had been ripped off, yes ripped off). Mike took pics and told me that he would leave an estimate with the shop and I could pick it up tomorrow.
I go back to the body shop the next day and pick up the estimate for $8K. When I walked back to look at my car before leaving they had taken the carpet out, removed all wiring, and had the exhaust out. They said that the hull/tub had been damaged and also the back impact bar was damaged. It was really hard to look at my car in this condition so I just said ok and left. After taking pictures of everything.
Couple days go by and I go back to the shop to check on my car and its not there. They had transported my car on a rollback to another Chevy dealership 20 mins down the road. They said it was to have the back impact bar cut off and the new one welded on. I never gave permission or received word that they were going to have my car moved. I said ok and quickly drove to the other dealership to check on my car. Sure enough when I arrived the car was up on a frame rack. They said the new back impact bar the first body shop had ordered was wrong and it would prob take a day or two to get the right one in. So I took pics of the car and left. I was told the car would be back to the first body shop by the end of the week so repairs could continue.
At this point discouraged and upset I reached out and started doing research on diminished value claims. I found a local man who has a business in both Charleston where I live and one in GA. I reached out to him and he said he would help me and all he had to do was go by the shop, take a few pics of the car, and once the car was fixed he would submit the diminished value claim to Geico on my behalf. He went by during the week sometime to do so.
Friday rolls around and I called the 2nd body shop to see if the part was in and if they had it finished. I was then told that when they were trying to weld the new impact bar on the back of the car that they broke/cracked the back arm of the frame. I was told that the frame is aluminum not steel and it doesn't have much give. I was told by the head of the body shop that he thinks that since it was that easy for them to pull/break/crack the frame at that spot on the car then it could have further damage on up the frame to the front of the vehicle. I asked where do we go from here and he told me that Geico would have to come out and readjust the car because the damage is more than they thought and the price of the repair would go up.
When I left I tried several times to call Mike my Geico adjuster. I left several text and voicemails asking for him to please reach out to me. At that point I got a call from the original body shop who is responsible for my repairs and was asked to come into his office. He sat me down and looked straight into my eyes and told me that he was no longer going to fix my car. I was like what do you mean. He then took a piece of paper....balled it up.....then flattened it out....He said this is your car, its been wrecked, and I can't put it back together again like it was before the accident, it will always be a wrecked car. Stunned I asked again why are you not going to fix my car. I said it sounds like you are not standing behind your work. He then tells me no, actually I'm not going to fix your car because of a personal issue I have with the 3rd party you had come to my shop to look at the vehicle. He said he has personal history/ bad history with the man. I asked what they had to do with me. I said I need to have my car fixed. You signed a contract with me to fix it, you've completely torn my car apart and now you are telling me you are gonna walk away from it. He said YES. He even went as far to say that he had already spoken to Mike with Geico and told him he's not gonna fix it and that he had spoken to the 2nd body shop where the car is on the frame rack and he is not gonna fix my car either. At this point....seeing only red I got up and walked out of his office.
I immediately started blowing up my adjuster Mike's phone and he would not answer me. I even called his supervisor, who was already gone for the day and left a message for her to call me. I then called the 2nd body shop where the car is located and asked if they would fix the car and he told me no, when I asked why he said because the first body shop wont. Because they are sister dealerships apparently.
Completely frustrated and mad I had to dwell on this all weekend. On Monday the supervisor at Geico called me and tried to say that Mike was sick, she agreed that it was unacceptable that he didn't at least text or call me back. I said its really messed up that he had the time to talk to the dealership but not to me. She basically said if the two shops wont fix the car that its my responsibility to find someone to fix it. I asked her basically what am I paying you $200 a month for. This was not my fault and the car has been started, torn apart and now is in pieces with my car at one body shop and parts at another and they are refusing to do the repair.
I started reaching out to other Chevy dealerships in the area. I want the car fixed by a licensed corvette tech so I only looked at Chevy dealerships. Well there were some around but without body shops....so the next closest one was literally over 2 hours away. I spoke to them and they said if I had the car there this Monday Aug 29th that they will be able to start on the car. I explained in detail the condition of the car and they said they could help. Feeling a little better, not much, about the situation I called the Geico supervisor back and she said she will reach out to the 1st body shop and have my parts packaged up and safely transported to the 2nd body shop where the car is still located. She also told me that she would handle setting up the tow truck driver to pick up and deliver the car to the new shop on Monday.
Well...............................Monda y rolls around and I'm actually coming back from out of town and I'm 10 mins from the new body shop where my car is going to be delivered. I stop by the shop and ask if there is anything I need to sign before my car gets dropped off so they can stat repairs. She said no, as long as they make the new repair check out to us everything should be fine. So I left and started back home. That when I notice that its raining outside. I didn't think anything of it, then all of a sudden it really starts raining hard.
Again...not thinking anything of it, my friend in the town where my car is leaving to be transported to the new body shop calls. He begins to tell me that he's sitting at a red light beside the tow truck delivering my car.....AND THE TOP IS OFF AND THE CAR IS NOT WRAPPED IN PLASTIC OR COVERED IN ANYWAY AND COMPLETELY EXPOSED TO THE WEATHER!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
At this point I lose it. I called the supervisor at Geico and explained the situation and what was about to happen to my car being transported like this in a rain storm for 2 hours. She said "Well, they were suppose to put the top on or at least cover the car, but at this point there is nothing we can do since its on the truck and in transport to the shop. I hang up the phone. I keep saying how is the happening to me, how is this happening to me, how is the happening to me.
Sure enough, about 2 1/2 hours later I get a call from Geico who has the owner of the Chevy dealership where the car is suppose to be delivered for repairs. He says he can't take responsibility for my car or repairs because of the condition the car was delivered to his shop. he said the car is completely exposed and is soaked. He said he can't be held liable as I'm going to have electrical issues moving forward as well as other issues from this. He went on to say how he can't understand how in the hell a dealership would let a $80K corvette leave its shop like this or how a tow truck driver would even do this. He said the best he can do is have his people hurry and try to cover the car in plastic to keep it from getting further destroyed. At this point he gets off the phone and I'm left with the Geico lady.
At this point I really let her have a piece of my mind. I feel bad because she has nothing to do with the situation. She was just the one who answered the phone when the owner of the dealership called. She said we need to find some where to take the car ASAP to get it out of the weather. I told her at this point as far as I'm concerned Geico has bought that car and she can do whatever she wants. I hang up the phone and she calls back 5 mins later and tells me she found a place to take the car. There is another Chevy dealership 20 mins away who according to her said they would take the car and could right away put it in a bay. I told her to do whatever she wanted because they were gonna buy that car as far as I was concerned. Well I'm sure you can guess what happened next. They towed the car to the 4th body shop now and they are refusing to fix the car because of how damaged the car is from rain and original body shop. They were nice enough to put the car inside the building so it wouldn't be left out in the elements.
Currently that's where the car still is as of Monday of this week.
I called the Geico supervisor and demanded that she send someone in the area over there ASAP that afternoon to look at the car in the condition it was in. I was told no one was available. They waited until today to go by and had the nerve to say that they car was dry inside. She called me today and said Geico has done everything they can do for me. She said she even reached out to some Geico affiliated body shops in the same area where the car is located now and no one wants to fix the car. She then told me it was up to me to find a shop to fix it. I said lady...you are Geico, if you can't find a shop how the hell am I?
I spent all day today on the phone with different lawyers trying to find someone to take my case. But no one wants to take it. They are viewing it in the end as a property case and apparently there is no money in that for them. To me it sounds like they could go after breach of contract from the first dealership who signed off to do the repairs and stopped when they tore the car apart and refused to fix it further because of "personal" reasons.....or discrimination case because the first body shop is discriminating again me because of having a 3rd party look at the car for diminished value, which is my legal right to do so.....and most definitely a case against how the car was transported! Everyone wants to charge me $350-400 an hour and they don't seem optimistic at all. They said its gonna take a lot of money and time and we can't promise anything.
I'm not trying to get rich off of this. I just want my car loan paid off so I can find and buy another car. I have never heard of anything like this before and I'm completely beside myself. I've got 15 days before my next car payment is due. Do I just call the bank and default on the loan? I can't afford to continue to pay on the car that's not getting fixed! I'm calling the states insurance comminoshenorin the morning to see if they can help me in any way. But at this point I don't know what to do anymore.
Is this what happens to people now a days? I was 100% not at fault. I bought a brand new car, had it two months, was hit from behind, car has been to 4 Chevy body shops and no one will fix it. Now the car has water damage and I can't get a lawyer to fight for me. This is what I've been dealing with since the first of August. This Sat will be 4 weeks. Everything that could have possibly went wrong has. How can I get justice! Please if anyone can help me let me know, either on this thread or PM me. I have pics of every stage of my story.
Lance
Popular Reply
10-01-2016, 03:56 PM
Regarding the search for a lawyer, it sounds like you have been going to personal injury (PI) attorneys. Those attorneys aren't interested in property damage cases except those incidental to a PI case they are handling.
You are going to have to find an attorney that either specializes in suing insurance companies that renege on honoring their policies or an attorney in general practice who is a good litigator.
FWIW, Geico's responsibility regarding damages to your car does not end with the original accident. It may be (and probably is) that you have multiple causes of action against multiple defendants (the person that hit you, the various dealers and towing companies) but all of them should be handled by Geico one way or another under your comprehensive policy. Since Geico is telling you to get stuffed, your big cause of action is against Geico. Breach of contract would seem to be one cause and bad faith another. If you get a bad faith award, it means triple (the legal term is "treble") damages. But as I've said before I am not an attorney so don't count on me to figure out your legal strategy. That's what your attorney is for.
Face it, you're going to have to lay out some serious bucks for an attorney. Don't hire a schlub. Hire a good one and pay the price, expecting that reimbursement of legal fees is going to be part of your award from Geico.
Alternatively, you can give up, pay off the car and live with your losses. Remember that your lender is not at fault here and sticking it to them is unethical.
Oh, you can also study up on the law (a lot) and do all the legal work yourself. But IMHO based on your experiences in this case thus far you're not really the right guy to represent yourself. So hire an attorney. It's going to take some research. An attorney with expertise in suing insurance companies is your best bet. They're out there. Make sure they show you sample cases they have done in that arena. If you decide on hiring an attorney who is in general practice, make sure they are up to the task by looking over their past cases.
NB: Here are some results from a web search for
treble damages bad faith south carolina
50 State Survey of Bad Faith Laws and Remedies
http://uphelp.org/sites/default/file...h%20Survey.pdf
What is a Bad Faith Insurance Claim in South Carolina?
http://www.charlestonlaw.net/charles...rance-lawyers/
Damages Available for Insurance Bad Faith Claims in South Carolina and North Carolina
http://www.walltempleton.com/wp/wp-c...Manuscript.pdf
Continue the web search on your own and read lots of stuff.
Remember that the attorneys who publish these articles should be contacted as possible attorneys for your case.
In addition, look up the various cases cited and find out who the plaintiff's attorneys were, and contact them also. (Presumably the plaintiff in these cases was the policyholder and the defendant was the insurance company.) If none of those attorneys work out, you can always ask them for a referral. If you are paying out of pocket (and it sounds like you will be) be sure to interview a bunch of these guys to figure out where your money is best spent.
The organization that published the first paper I linked is a nonprofit policyholder advocate. Be sure to go to their website:
http://uphelp.org/
.
You are going to have to find an attorney that either specializes in suing insurance companies that renege on honoring their policies or an attorney in general practice who is a good litigator.
FWIW, Geico's responsibility regarding damages to your car does not end with the original accident. It may be (and probably is) that you have multiple causes of action against multiple defendants (the person that hit you, the various dealers and towing companies) but all of them should be handled by Geico one way or another under your comprehensive policy. Since Geico is telling you to get stuffed, your big cause of action is against Geico. Breach of contract would seem to be one cause and bad faith another. If you get a bad faith award, it means triple (the legal term is "treble") damages. But as I've said before I am not an attorney so don't count on me to figure out your legal strategy. That's what your attorney is for.
Face it, you're going to have to lay out some serious bucks for an attorney. Don't hire a schlub. Hire a good one and pay the price, expecting that reimbursement of legal fees is going to be part of your award from Geico.
Alternatively, you can give up, pay off the car and live with your losses. Remember that your lender is not at fault here and sticking it to them is unethical.
Oh, you can also study up on the law (a lot) and do all the legal work yourself. But IMHO based on your experiences in this case thus far you're not really the right guy to represent yourself. So hire an attorney. It's going to take some research. An attorney with expertise in suing insurance companies is your best bet. They're out there. Make sure they show you sample cases they have done in that arena. If you decide on hiring an attorney who is in general practice, make sure they are up to the task by looking over their past cases.
NB: Here are some results from a web search for
treble damages bad faith south carolina
50 State Survey of Bad Faith Laws and Remedies
http://uphelp.org/sites/default/file...h%20Survey.pdf
What is a Bad Faith Insurance Claim in South Carolina?
http://www.charlestonlaw.net/charles...rance-lawyers/
Damages Available for Insurance Bad Faith Claims in South Carolina and North Carolina
http://www.walltempleton.com/wp/wp-c...Manuscript.pdf
Continue the web search on your own and read lots of stuff.
Remember that the attorneys who publish these articles should be contacted as possible attorneys for your case.
In addition, look up the various cases cited and find out who the plaintiff's attorneys were, and contact them also. (Presumably the plaintiff in these cases was the policyholder and the defendant was the insurance company.) If none of those attorneys work out, you can always ask them for a referral. If you are paying out of pocket (and it sounds like you will be) be sure to interview a bunch of these guys to figure out where your money is best spent.
The organization that published the first paper I linked is a nonprofit policyholder advocate. Be sure to go to their website:
http://uphelp.org/
.
09-01-2016, 04:04 AM
#2
Burning Brakes
Thread Starter
Member Since: Jul 2005
Location: Charleston, SC South Carolina
Posts: 972
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I know the car is so far gone now. I did just want to get it fixed and trade it in on a 16' but the negative CarFax with everything is going to kill me. Even the value of the trade before all of this happened. I just want out of the car/situation/loan at this point. I'm just sick...
Last edited by lpabsolute; 09-01-2016 at 04:06 AM.
09-01-2016, 06:01 AM
#3
Melting Slicks
Member Since: Dec 2015
Location: Just outside a swamp in Florida
Posts: 2,209
Received 929 Likes
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522 Posts
Holy smokes buddy, I think I'd literally be pizzing absolute at this point. I'm truly sorry for you.
First off don't default on your loan, it's not worth wrecking your credit over.
This too shall pass.
You have been supplied a rental, correct?
Isn't Geico representing you and pursuing State Farm for this claim?
Find out what the insurance commission has to say. Hopefully they will take this up for you. The one in Florida has helped me out in a situation where an insurance company did not want to pay a claim. It only took one call.
First off don't default on your loan, it's not worth wrecking your credit over.
This too shall pass.
You have been supplied a rental, correct?
Isn't Geico representing you and pursuing State Farm for this claim?
Find out what the insurance commission has to say. Hopefully they will take this up for you. The one in Florida has helped me out in a situation where an insurance company did not want to pay a claim. It only took one call.
Last edited by L8ter; 09-16-2016 at 04:53 PM.
09-01-2016, 07:08 AM
#4
Melting Slicks
From what you've written, I would recommend that you just accept the fact that the car is a TOTAL LOSS and accept a settlement from Geico. I think you've completely overreacted at every step and should have said...it is what it is! Once a car that gets badly such as yours and gets into repair, many times "hidden damage" is found and if enough of it is found, a once repairable car becomes unrepairable changing its status from fixable to a total loss. That what happens when many cars that hit bad enough happens. There is almost always hidden damage and sometimes that additional repair cost is enough to hit the amount needed to declare a car a total loss.
Deminished value should not come into effect because the car is a total loss first. A vehicle that's declared a total loss does not have diminished value deducted from its value and only comes into play if a car is repaired and sometime in the future it is traded in or sold.
At this point you should just take a deep breath and just ask Geico how much that will give you for your car...you will need to know that so when it is paid off, you will know if you still owe any money on your car loan or not. That's one reason why insurance companies sell "Gap" insurance...to pay off any difference that may exist if you owe more money than the car is worth should it be totaled in a car accident, such as yours was. I hope you purchased this additional insurance out when you listed your car with Geico.
Don't get upset over all the stupidity; it's not worth the aggravation in the long run and as I said before, it is what it is. Sounds like you just never had the "total loss" experience with a car before, I'm guessing....?
But at this point, just Geico handle your accident as a total loss and wait for them to settle your claim with you. Try for the best settlement and then figure out how you will replace your car.
Good luck and I sincerely mean that...
Deminished value should not come into effect because the car is a total loss first. A vehicle that's declared a total loss does not have diminished value deducted from its value and only comes into play if a car is repaired and sometime in the future it is traded in or sold.
At this point you should just take a deep breath and just ask Geico how much that will give you for your car...you will need to know that so when it is paid off, you will know if you still owe any money on your car loan or not. That's one reason why insurance companies sell "Gap" insurance...to pay off any difference that may exist if you owe more money than the car is worth should it be totaled in a car accident, such as yours was. I hope you purchased this additional insurance out when you listed your car with Geico.
Don't get upset over all the stupidity; it's not worth the aggravation in the long run and as I said before, it is what it is. Sounds like you just never had the "total loss" experience with a car before, I'm guessing....?
But at this point, just Geico handle your accident as a total loss and wait for them to settle your claim with you. Try for the best settlement and then figure out how you will replace your car.
Good luck and I sincerely mean that...
09-01-2016, 07:37 AM
#5
Pro
From what you've written, I would recommend that you just accept the fact that the car is a TOTAL LOSS and accept a settlement from Geico. I think you've completely overreacted at every step and should have said...it is what it is! Once a car that gets badly such as yours and gets into repair, many times "hidden damage" is found and if enough of it is found, a once repairable car becomes unrepairable changing its status from fixable to a total loss. That what happens when many cars that hit bad enough happens. There is almost always hidden damage and sometimes that additional repair cost is enough to hit the amount needed to declare a car a total loss.
Deminished value should not come into effect because the car is a total loss first. A vehicle that's declared a total loss does not have diminished value deducted from its value and only comes into play if a car is repaired and sometime in the future it is traded in or sold.
At this point you should just take a deep breath and just ask Geico how much that will give you for your car...you will need to know that so when it is paid off, you will know if you still owe any money on your car loan or not. That's one reason why insurance companies sell "Gap" insurance...to pay off any difference that may exist if you owe more money than the car is worth should it be totaled in a car accident, such as yours was. I hope you purchased this additional insurance out when you listed your car with Geico.
Don't get upset over all the stupidity; it's not worth the aggravation in the long run and as I said before, it is what it is. Sounds like you just never had the "total loss" experience with a car before, I'm guessing....?
But at this point, just Geico handle your accident as a total loss and wait for them to settle your claim with you. Try for the best settlement and then figure out how you will replace your car.
Good luck and I sincerely mean that...
Deminished value should not come into effect because the car is a total loss first. A vehicle that's declared a total loss does not have diminished value deducted from its value and only comes into play if a car is repaired and sometime in the future it is traded in or sold.
At this point you should just take a deep breath and just ask Geico how much that will give you for your car...you will need to know that so when it is paid off, you will know if you still owe any money on your car loan or not. That's one reason why insurance companies sell "Gap" insurance...to pay off any difference that may exist if you owe more money than the car is worth should it be totaled in a car accident, such as yours was. I hope you purchased this additional insurance out when you listed your car with Geico.
Don't get upset over all the stupidity; it's not worth the aggravation in the long run and as I said before, it is what it is. Sounds like you just never had the "total loss" experience with a car before, I'm guessing....?
But at this point, just Geico handle your accident as a total loss and wait for them to settle your claim with you. Try for the best settlement and then figure out how you will replace your car.
Good luck and I sincerely mean that...
Taylor
09-01-2016, 07:40 AM
#6
Safety Car
Member Since: Nov 2007
Location: Tarpon Springs FL
Posts: 4,446
Received 308 Likes
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198 Posts
FL Events Coordinator
So sorry for your trouble. And, unlike one post, I completely understand why you are so upset. In fact, I would have gone POSTAL on a few people. There has to be a LAWYER that will take this case. If they say they won't it's because they see no value in it for THEM. You might have to PAY one to take it. Find one that will send a letter outlining your case and you intend to SUE if it isn't resolved. I would also file a lawsuit against the person who hit you. Let her call her insurance company frantically....Do NOT default on your loan....Good luck and keep us posted on the outcome.
09-01-2016, 07:48 AM
#7
Team Owner
From what you've written, I would recommend that you just accept the fact that the car is a TOTAL LOSS and accept a settlement from Geico. I think you've completely overreacted at every step and should have said...it is what it is! Once a car that gets badly such as yours and gets into repair, many times "hidden damage" is found and if enough of it is found, a once repairable car becomes unrepairable changing its status from fixable to a total loss. That what happens when many cars that hit bad enough happens. There is almost always hidden damage and sometimes that additional repair cost is enough to hit the amount needed to declare a car a total loss.Deminished value should not come into effect because the car is a total loss first. A vehicle that's declared a total loss does not have diminished value deducted from its value and only comes into play if a car is repaired and sometime in the future it is traded in or sold.
At this point you should just take a deep breath and just ask Geico how much that will give you for your car...you will need to know that so when it is paid off, you will know if you still owe any money on your car loan or not. That's one reason why insurance companies sell "Gap" insurance...to pay off any difference that may exist if you owe more money than the car is worth should it be totaled in a car accident, such as yours was. I hope you purchased this additional insurance out when you listed your car with Geico.
Don't get upset over all the stupidity; it's not worth the aggravation in the long run and as I said before, it is what it is. Sounds like you just never had the "total loss" experience with a car before, I'm guessing....?
But at this point, just Geico handle your accident as a total loss and wait for them to settle your claim with you. Try for the best settlement and then figure out how you will replace your car.
Good luck and I sincerely mean that...
Last edited by rkhegler; 09-01-2016 at 07:49 AM.
09-01-2016, 07:51 AM
#8
Racer
Hello Friends. Please take the time to read my story. I'm in dire need of help/advice/guidance.
As many of you might know I started a thread a couple weeks ago called "Why me....." https://www.corvetteforum.com/forums...72-why-me.html
Everything has since went completely down hill and I'm at a loss for what to do.
Just a quick recap, if this is the first time you are hearing this story...
I purchased my dream car (15' Coupe z51, white on/red, chrome wheels) in the beginning of June of this year. It was quickly the happiest time for me as I was in love with the car. This is now my 5th Vette I've owned. Well after having the car two months and only making one car payment I was on the way home for my dads birthday when sitting at a red light a woman in a blazer hits me from behind. I was at a dead stop at the light for at least a minute when she hit me. She told me she didn't even see me and quickly apologized. I called Highway Patrol and a city cop arrived and the girl did not receive a ticket after she admitted to the cop she wasn't paying attention when she hit me. The cop however wrote down that I was not at fault but she was.
My car, still drivable with the cop following me was taken to my local Chevy dealership by my house only 10 mins away. I walked into the body shop, signed over the papers for them to take responsibility for fixing the car and gave them the keys. I also called Geico and filed the claim on my insurance. I called State Farm which is the girls insurance company but they wouldn't go further with the claim until they spoke to their client. This means they wouldn't issue me a rental until that time, so I just filed under my insurance and told them to call me when they spoke to the girl who hit me.
Two days later I received a call from my Geico adjuster Mike and was told I could meet him the next day at the body shop to look at the car together for the first time. Next day rolls around and we both pull into the shop at the same time, and walk into the shop. When we walk in, I walk in to see my car stripped down. (Top off, back hatch off, back bumper off, and the quarter panels had been ripped off, yes ripped off). Mike took pics and told me that he would leave an estimate with the shop and I could pick it up tomorrow.
I go back to the body shop the next day and pick up the estimate for $8K. When I walked back to look at my car before leaving they had taken the carpet out, removed all wiring, and had the exhaust out. They said that the hull/tub had been damaged and also the back impact bar was damaged. It was really hard to look at my car in this condition so I just said ok and left. After taking pictures of everything.
Couple days go by and I go back to the shop to check on my car and its not there. They had transported my car on a rollback to another Chevy dealership 20 mins down the road. They said it was to have the back impact bar cut off and the new one welded on. I never gave permission or received word that they were going to have my car moved. I said ok and quickly drove to the other dealership to check on my car. Sure enough when I arrived the car was up on a frame rack. They said the new back impact bar the first body shop had ordered was wrong and it would prob take a day or two to get the right one in. So I took pics of the car and left. I was told the car would be back to the first body shop by the end of the week so repairs could continue.
At this point discouraged and upset I reached out and started doing research on diminished value claims. I found a local man who has a business in both Charleston where I live and one in GA. I reached out to him and he said he would help me and all he had to do was go by the shop, take a few pics of the car, and once the car was fixed he would submit the diminished value claim to Geico on my behalf. He went by during the week sometime to do so.
Friday rolls around and I called the 2nd body shop to see if the part was in and if they had it finished. I was then told that when they were trying to weld the new impact bar on the back of the car that they broke/cracked the back arm of the frame. I was told that the frame is aluminum not steel and it doesn't have much give. I was told by the head of the body shop that he thinks that since it was that easy for them to pull/break/crack the frame at that spot on the car then it could have further damage on up the frame to the front of the vehicle. I asked where do we go from here and he told me that Geico would have to come out and readjust the car because the damage is more than they thought and the price of the repair would go up.
When I left I tried several times to call Mike my Geico adjuster. I left several text and voicemails asking for him to please reach out to me. At that point I got a call from the original body shop who is responsible for my repairs and was asked to come into his office. He sat me down and looked straight into my eyes and told me that he was no longer going to fix my car. I was like what do you mean. He then took a piece of paper....balled it up.....then flattened it out....He said this is your car, its been wrecked, and I can't put it back together again like it was before the accident, it will always be a wrecked car. Stunned I asked again why are you not going to fix my car. I said it sounds like you are not standing behind your work. He then tells me no, actually I'm not going to fix your car because of a personal issue I have with the 3rd party you had come to my shop to look at the vehicle. He said he has personal history/ bad history with the man. I asked what they had to do with me. I said I need to have my car fixed. You signed a contract with me to fix it, you've completely torn my car apart and now you are telling me you are gonna walk away from it. He said YES. He even went as far to say that he had already spoken to Mike with Geico and told him he's not gonna fix it and that he had spoken to the 2nd body shop where the car is on the frame rack and he is not gonna fix my car either. At this point....seeing only red I got up and walked out of his office.
I immediately started blowing up my adjuster Mike's phone and he would not answer me. I even called his supervisor, who was already gone for the day and left a message for her to call me. I then called the 2nd body shop where the car is located and asked if they would fix the car and he told me no, when I asked why he said because the first body shop wont. Because they are sister dealerships apparently.
Completely frustrated and mad I had to dwell on this all weekend. On Monday the supervisor at Geico called me and tried to say that Mike was sick, she agreed that it was unacceptable that he didn't at least text or call me back. I said its really messed up that he had the time to talk to the dealership but not to me. She basically said if the two shops wont fix the car that its my responsibility to find someone to fix it. I asked her basically what am I paying you $200 a month for. This was not my fault and the car has been started, torn apart and now is in pieces with my car at one body shop and parts at another and they are refusing to do the repair.
I started reaching out to other Chevy dealerships in the area. I want the car fixed by a licensed corvette tech so I only looked at Chevy dealerships. Well there were some around but without body shops....so the next closest one was literally over 2 hours away. I spoke to them and they said if I had the car there this Monday Aug 29th that they will be able to start on the car. I explained in detail the condition of the car and they said they could help. Feeling a little better, not much, about the situation I called the Geico supervisor back and she said she will reach out to the 1st body shop and have my parts packaged up and safely transported to the 2nd body shop where the car is still located. She also told me that she would handle setting up the tow truck driver to pick up and deliver the car to the new shop on Monday.
Well...............................Monda y rolls around and I'm actually coming back from out of town and I'm 10 mins from the new body shop where my car is going to be delivered. I stop by the shop and ask if there is anything I need to sign before my car gets dropped off so they can stat repairs. She said no, as long as they make the new repair check out to us everything should be fine. So I left and started back home. That when I notice that its raining outside. I didn't think anything of it, then all of a sudden it really starts raining hard.
Again...not thinking anything of it, my friend in the town where my car is leaving to be transported to the new body shop calls. He begins to tell me that he's sitting at a red light beside the tow truck delivering my car.....AND THE TOP IS OFF AND THE CAR IS NOT WRAPPED IN PLASTIC OR COVERED IN ANYWAY AND COMPLETELY EXPOSED TO THE WEATHER!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
At this point I lose it. I called the supervisor at Geico and explained the situation and what was about to happen to my car being transported like this in a rain storm for 2 hours. She said "Well, they were suppose to put the top on or at least cover the car, but at this point there is nothing we can do since its on the truck and in transport to the shop. I hang up the phone. I keep saying how is the happening to me, how is this happening to me, how is the happening to me.
Sure enough, about 2 1/2 hours later I get a call from Geico who has the owner of the Chevy dealership where the car is suppose to be delivered for repairs. He says he can't take responsibility for my car or repairs because of the condition the car was delivered to his shop. he said the car is completely exposed and is soaked. He said he can't be held liable as I'm going to have electrical issues moving forward as well as other issues from this. He went on to say how he can't understand how in the hell a dealership would let a $80K corvette leave its shop like this or how a tow truck driver would even do this. He said the best he can do is have his people hurry and try to cover the car in plastic to keep it from getting further destroyed. At this point he gets off the phone and I'm left with the Geico lady.
At this point I really let her have a piece of my mind. I feel bad because she has nothing to do with the situation. She was just the one who answered the phone when the owner of the dealership called. She said we need to find some where to take the car ASAP to get it out of the weather. I told her at this point as far as I'm concerned Geico has bought that car and she can do whatever she wants. I hang up the phone and she calls back 5 mins later and tells me she found a place to take the car. There is another Chevy dealership 20 mins away who according to her said they would take the car and could right away put it in a bay. I told her to do whatever she wanted because they were gonna buy that car as far as I was concerned. Well I'm sure you can guess what happened next. They towed the car to the 4th body shop now and they are refusing to fix the car because of how damaged the car is from rain and original body shop. They were nice enough to put the car inside the building so it wouldn't be left out in the elements.
Currently that's where the car still is as of Monday of this week.
I called the Geico supervisor and demanded that she send someone in the area over there ASAP that afternoon to look at the car in the condition it was in. I was told no one was available. They waited until today to go by and had the nerve to say that they car was dry inside. She called me today and said Geico has done everything they can do for me. She said she even reached out to some Geico affiliated body shops in the same area where the car is located now and no one wants to fix the car. She then told me it was up to me to find a shop to fix it. I said lady...you are Geico, if you can't find a shop how the hell am I?
I spent all day today on the phone with different lawyers trying to find someone to take my case. But no one wants to take it. They are viewing it in the end as a property case and apparently there is no money in that for them. To me it sounds like they could go after breach of contract from the first dealership who signed off to do the repairs and stopped when they tore the car apart and refused to fix it further because of "personal" reasons.....or discrimination case because the first body shop is discriminating again me because of having a 3rd party look at the car for diminished value, which is my legal right to do so.....and most definitely a case against how the car was transported! Everyone wants to charge me $350-400 an hour and they don't seem optimistic at all. They said its gonna take a lot of money and time and we can't promise anything.
I'm not trying to get rich off of this. I just want my car loan paid off so I can find and buy another car. I have never heard of anything like this before and I'm completely beside myself. I've got 15 days before my next car payment is due. Do I just call the bank and default on the loan? I can't afford to continue to pay on the car that's not getting fixed! I'm calling the states insurance comminoshenorin the morning to see if they can help me in any way. But at this point I don't know what to do anymore.
Is this what happens to people now a days? I was 100% not at fault. I bought a brand new car, had it two months, was hit from behind, car has been to 4 Chevy body shops and no one will fix it. Now the car has water damage and I can't get a lawyer to fight for me. This is what I've been dealing with since the first of August. This Sat will be 4 weeks. Everything that could have possibly went wrong has. How can I get justice! Please if anyone can help me let me know, either on this thread or PM me. I have pics of every stage of my story.
Lance
As many of you might know I started a thread a couple weeks ago called "Why me....." https://www.corvetteforum.com/forums...72-why-me.html
Everything has since went completely down hill and I'm at a loss for what to do.
Just a quick recap, if this is the first time you are hearing this story...
I purchased my dream car (15' Coupe z51, white on/red, chrome wheels) in the beginning of June of this year. It was quickly the happiest time for me as I was in love with the car. This is now my 5th Vette I've owned. Well after having the car two months and only making one car payment I was on the way home for my dads birthday when sitting at a red light a woman in a blazer hits me from behind. I was at a dead stop at the light for at least a minute when she hit me. She told me she didn't even see me and quickly apologized. I called Highway Patrol and a city cop arrived and the girl did not receive a ticket after she admitted to the cop she wasn't paying attention when she hit me. The cop however wrote down that I was not at fault but she was.
My car, still drivable with the cop following me was taken to my local Chevy dealership by my house only 10 mins away. I walked into the body shop, signed over the papers for them to take responsibility for fixing the car and gave them the keys. I also called Geico and filed the claim on my insurance. I called State Farm which is the girls insurance company but they wouldn't go further with the claim until they spoke to their client. This means they wouldn't issue me a rental until that time, so I just filed under my insurance and told them to call me when they spoke to the girl who hit me.
Two days later I received a call from my Geico adjuster Mike and was told I could meet him the next day at the body shop to look at the car together for the first time. Next day rolls around and we both pull into the shop at the same time, and walk into the shop. When we walk in, I walk in to see my car stripped down. (Top off, back hatch off, back bumper off, and the quarter panels had been ripped off, yes ripped off). Mike took pics and told me that he would leave an estimate with the shop and I could pick it up tomorrow.
I go back to the body shop the next day and pick up the estimate for $8K. When I walked back to look at my car before leaving they had taken the carpet out, removed all wiring, and had the exhaust out. They said that the hull/tub had been damaged and also the back impact bar was damaged. It was really hard to look at my car in this condition so I just said ok and left. After taking pictures of everything.
Couple days go by and I go back to the shop to check on my car and its not there. They had transported my car on a rollback to another Chevy dealership 20 mins down the road. They said it was to have the back impact bar cut off and the new one welded on. I never gave permission or received word that they were going to have my car moved. I said ok and quickly drove to the other dealership to check on my car. Sure enough when I arrived the car was up on a frame rack. They said the new back impact bar the first body shop had ordered was wrong and it would prob take a day or two to get the right one in. So I took pics of the car and left. I was told the car would be back to the first body shop by the end of the week so repairs could continue.
At this point discouraged and upset I reached out and started doing research on diminished value claims. I found a local man who has a business in both Charleston where I live and one in GA. I reached out to him and he said he would help me and all he had to do was go by the shop, take a few pics of the car, and once the car was fixed he would submit the diminished value claim to Geico on my behalf. He went by during the week sometime to do so.
Friday rolls around and I called the 2nd body shop to see if the part was in and if they had it finished. I was then told that when they were trying to weld the new impact bar on the back of the car that they broke/cracked the back arm of the frame. I was told that the frame is aluminum not steel and it doesn't have much give. I was told by the head of the body shop that he thinks that since it was that easy for them to pull/break/crack the frame at that spot on the car then it could have further damage on up the frame to the front of the vehicle. I asked where do we go from here and he told me that Geico would have to come out and readjust the car because the damage is more than they thought and the price of the repair would go up.
When I left I tried several times to call Mike my Geico adjuster. I left several text and voicemails asking for him to please reach out to me. At that point I got a call from the original body shop who is responsible for my repairs and was asked to come into his office. He sat me down and looked straight into my eyes and told me that he was no longer going to fix my car. I was like what do you mean. He then took a piece of paper....balled it up.....then flattened it out....He said this is your car, its been wrecked, and I can't put it back together again like it was before the accident, it will always be a wrecked car. Stunned I asked again why are you not going to fix my car. I said it sounds like you are not standing behind your work. He then tells me no, actually I'm not going to fix your car because of a personal issue I have with the 3rd party you had come to my shop to look at the vehicle. He said he has personal history/ bad history with the man. I asked what they had to do with me. I said I need to have my car fixed. You signed a contract with me to fix it, you've completely torn my car apart and now you are telling me you are gonna walk away from it. He said YES. He even went as far to say that he had already spoken to Mike with Geico and told him he's not gonna fix it and that he had spoken to the 2nd body shop where the car is on the frame rack and he is not gonna fix my car either. At this point....seeing only red I got up and walked out of his office.
I immediately started blowing up my adjuster Mike's phone and he would not answer me. I even called his supervisor, who was already gone for the day and left a message for her to call me. I then called the 2nd body shop where the car is located and asked if they would fix the car and he told me no, when I asked why he said because the first body shop wont. Because they are sister dealerships apparently.
Completely frustrated and mad I had to dwell on this all weekend. On Monday the supervisor at Geico called me and tried to say that Mike was sick, she agreed that it was unacceptable that he didn't at least text or call me back. I said its really messed up that he had the time to talk to the dealership but not to me. She basically said if the two shops wont fix the car that its my responsibility to find someone to fix it. I asked her basically what am I paying you $200 a month for. This was not my fault and the car has been started, torn apart and now is in pieces with my car at one body shop and parts at another and they are refusing to do the repair.
I started reaching out to other Chevy dealerships in the area. I want the car fixed by a licensed corvette tech so I only looked at Chevy dealerships. Well there were some around but without body shops....so the next closest one was literally over 2 hours away. I spoke to them and they said if I had the car there this Monday Aug 29th that they will be able to start on the car. I explained in detail the condition of the car and they said they could help. Feeling a little better, not much, about the situation I called the Geico supervisor back and she said she will reach out to the 1st body shop and have my parts packaged up and safely transported to the 2nd body shop where the car is still located. She also told me that she would handle setting up the tow truck driver to pick up and deliver the car to the new shop on Monday.
Well...............................Monda y rolls around and I'm actually coming back from out of town and I'm 10 mins from the new body shop where my car is going to be delivered. I stop by the shop and ask if there is anything I need to sign before my car gets dropped off so they can stat repairs. She said no, as long as they make the new repair check out to us everything should be fine. So I left and started back home. That when I notice that its raining outside. I didn't think anything of it, then all of a sudden it really starts raining hard.
Again...not thinking anything of it, my friend in the town where my car is leaving to be transported to the new body shop calls. He begins to tell me that he's sitting at a red light beside the tow truck delivering my car.....AND THE TOP IS OFF AND THE CAR IS NOT WRAPPED IN PLASTIC OR COVERED IN ANYWAY AND COMPLETELY EXPOSED TO THE WEATHER!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
At this point I lose it. I called the supervisor at Geico and explained the situation and what was about to happen to my car being transported like this in a rain storm for 2 hours. She said "Well, they were suppose to put the top on or at least cover the car, but at this point there is nothing we can do since its on the truck and in transport to the shop. I hang up the phone. I keep saying how is the happening to me, how is this happening to me, how is the happening to me.
Sure enough, about 2 1/2 hours later I get a call from Geico who has the owner of the Chevy dealership where the car is suppose to be delivered for repairs. He says he can't take responsibility for my car or repairs because of the condition the car was delivered to his shop. he said the car is completely exposed and is soaked. He said he can't be held liable as I'm going to have electrical issues moving forward as well as other issues from this. He went on to say how he can't understand how in the hell a dealership would let a $80K corvette leave its shop like this or how a tow truck driver would even do this. He said the best he can do is have his people hurry and try to cover the car in plastic to keep it from getting further destroyed. At this point he gets off the phone and I'm left with the Geico lady.
At this point I really let her have a piece of my mind. I feel bad because she has nothing to do with the situation. She was just the one who answered the phone when the owner of the dealership called. She said we need to find some where to take the car ASAP to get it out of the weather. I told her at this point as far as I'm concerned Geico has bought that car and she can do whatever she wants. I hang up the phone and she calls back 5 mins later and tells me she found a place to take the car. There is another Chevy dealership 20 mins away who according to her said they would take the car and could right away put it in a bay. I told her to do whatever she wanted because they were gonna buy that car as far as I was concerned. Well I'm sure you can guess what happened next. They towed the car to the 4th body shop now and they are refusing to fix the car because of how damaged the car is from rain and original body shop. They were nice enough to put the car inside the building so it wouldn't be left out in the elements.
Currently that's where the car still is as of Monday of this week.
I called the Geico supervisor and demanded that she send someone in the area over there ASAP that afternoon to look at the car in the condition it was in. I was told no one was available. They waited until today to go by and had the nerve to say that they car was dry inside. She called me today and said Geico has done everything they can do for me. She said she even reached out to some Geico affiliated body shops in the same area where the car is located now and no one wants to fix the car. She then told me it was up to me to find a shop to fix it. I said lady...you are Geico, if you can't find a shop how the hell am I?
I spent all day today on the phone with different lawyers trying to find someone to take my case. But no one wants to take it. They are viewing it in the end as a property case and apparently there is no money in that for them. To me it sounds like they could go after breach of contract from the first dealership who signed off to do the repairs and stopped when they tore the car apart and refused to fix it further because of "personal" reasons.....or discrimination case because the first body shop is discriminating again me because of having a 3rd party look at the car for diminished value, which is my legal right to do so.....and most definitely a case against how the car was transported! Everyone wants to charge me $350-400 an hour and they don't seem optimistic at all. They said its gonna take a lot of money and time and we can't promise anything.
I'm not trying to get rich off of this. I just want my car loan paid off so I can find and buy another car. I have never heard of anything like this before and I'm completely beside myself. I've got 15 days before my next car payment is due. Do I just call the bank and default on the loan? I can't afford to continue to pay on the car that's not getting fixed! I'm calling the states insurance comminoshenorin the morning to see if they can help me in any way. But at this point I don't know what to do anymore.
Is this what happens to people now a days? I was 100% not at fault. I bought a brand new car, had it two months, was hit from behind, car has been to 4 Chevy body shops and no one will fix it. Now the car has water damage and I can't get a lawyer to fight for me. This is what I've been dealing with since the first of August. This Sat will be 4 weeks. Everything that could have possibly went wrong has. How can I get justice! Please if anyone can help me let me know, either on this thread or PM me. I have pics of every stage of my story.
Lance
09-01-2016, 08:04 AM
#9
OP: I'm not sure what you're seeking from CF members? Advice?
Based on what you've written, it's my humble opinion that you are going to work this out by yourself. GEICO's legal obligation is to pay for repair of your car. Insurance companies usually work hard to find a repair facility that they've worked with in the past that they trust will do professional work. You've explained that several repair facilities don't want the work. There can be any number of reasons why a store owner wouldn't want to take responsibility for your car. Corvettes can be very difficult to repair. But, as you've discovered, you can't make a repair facility repair your car. And, some of this, quite frankly, may be personality driven -- you've alienated them.
Time to start over. If you can't calmly discuss this with the claim adjuster GEICO assigned this matter, put someone else on the phone and let that person -- your wife, perhaps -- work with the adjuster to find a repair facility for you. No one wants to fight with you, but clearly what you've done so far isn't working, and you need to start over or have someone acting for you work this out.
Finally, expecting GEICO to declare your car a total loss is unrealistic. If you take the approach, you're going to paint yourself into a corner.
Based on what you've written, it's my humble opinion that you are going to work this out by yourself. GEICO's legal obligation is to pay for repair of your car. Insurance companies usually work hard to find a repair facility that they've worked with in the past that they trust will do professional work. You've explained that several repair facilities don't want the work. There can be any number of reasons why a store owner wouldn't want to take responsibility for your car. Corvettes can be very difficult to repair. But, as you've discovered, you can't make a repair facility repair your car. And, some of this, quite frankly, may be personality driven -- you've alienated them.
Time to start over. If you can't calmly discuss this with the claim adjuster GEICO assigned this matter, put someone else on the phone and let that person -- your wife, perhaps -- work with the adjuster to find a repair facility for you. No one wants to fight with you, but clearly what you've done so far isn't working, and you need to start over or have someone acting for you work this out.
Finally, expecting GEICO to declare your car a total loss is unrealistic. If you take the approach, you're going to paint yourself into a corner.
09-01-2016, 08:23 AM
#10
Melting Slicks
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I may be mistaken but it looks like the OP would take the total loss in a heartbeat.
It looks to me like some kind of problem started when he took the advice of forum members and got a third party involved pursuing diminished value.
Not that it was bad advise, but bad luck that the original shop and the third party had some sort of bad history.
To the point of not wanting to finish the work just sounds strange to me.
Not to mention it also sounds like he alienated everybody that was trying to help him.
Again, I hope that a call to the state insurance commissioner will straighten this out for you OP.
Last edited by L8ter; 09-01-2016 at 09:42 AM.
09-01-2016, 08:33 AM
#11
Le Mans Master
Sounds like the problems all stemmed from your first dealer/or their sister second dealer. I would contact GM and go after them for the difference between what Geico gives you and the FMV of your new car.
09-01-2016, 09:17 AM
#12
Melting Slicks
From my perspective, State Farm should pay, at a minimum, the amount of the initial estimate to Geico. Geico should pay OP for the total loss on his corvette. Geico can choose whether to pursue compensation from dealer #3 and towing company. If OP has a shortfall between what he owes on the car loan and the amount he gets from Geico for the total loss, he can decide if he wants to pursue payment for this difference from State Farm. (It was their insured who was the initial cause for this loss) Not diminished value, but similar to the extent that it represents a loss to OP that was caused by action initiated by State Farm's insured.
09-01-2016, 10:31 AM
#15
Race Director
Contact the Better Business Bureau and your State's Attorney General Office. Might not hurt to contact your local TV News channel. But first, sit down in person with your insurance carrier's representative and discuss where we go from here. Stay cool and calm, there are contractual obligations that need to be satisfied under the law. Document everything.
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09-01-2016, 12:08 PM
#16
Lance, the mistake you made and this goes for everyone reading this thread. You went to a Chevy store for body work! I used to do this also but quickly learned how incompetent some dealers services are. In the future take any car you own to a place that just repairs collision damage. Call your local Mercedes, Lexus, and BMW dealers and ask them where they Send there body damaged cars to. These higher end body shops have people of much higher skill levels because that's all they do and there lively hood depends solely on the quality of work they put out and word of mouth.
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09-01-2016, 12:11 PM
#17
Team Owner
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St. Jude Donor '12-'13-'14-'15-'16-'17
Lance, the mistake you made and this goes for everyone reading this thread. You went to a Chevy store for body work! I used to do this also but quickly learned how incompetent some dealers services are. In the future take any car you own to a place that just repairs collision damage. Call your local Mercedes, Lexus, and BMW dealers and ask them where they Send there body damaged cars to. These higher end body shops have people of much higher skill levels because that's all they do and there lively hood depends solely on the quality of work they put out and word of mouth.
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JerryU (09-30-2016)
09-01-2016, 12:48 PM
#18
Burning Brakes
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Holy smokes buddy, I think I'd literally be peeping absolute at this point. I'm truly sorry for you.
First off don't default on your loan, it's not worth wrecking your credit over.
This too shall pass.
You have been supplied a rental, correct?
Isn't Geico representing you and pursuing State Farm for this claim?
Find out what the insurance commission has to say. Hopefully they will take this up for you. The one in Florida has helped me out in a situation where an insurance company did not want to pay a claim. It only took one call.
First off don't default on your loan, it's not worth wrecking your credit over.
This too shall pass.
You have been supplied a rental, correct?
Isn't Geico representing you and pursuing State Farm for this claim?
Find out what the insurance commission has to say. Hopefully they will take this up for you. The one in Florida has helped me out in a situation where an insurance company did not want to pay a claim. It only took one call.
09-01-2016, 12:54 PM
#19
Burning Brakes
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From what you've written, I would recommend that you just accept the fact that the car is a TOTAL LOSS and accept a settlement from Geico. I think you've completely overreacted at every step and should have said...it is what it is! Once a car that gets badly such as yours and gets into repair, many times "hidden damage" is found and if enough of it is found, a once repairable car becomes unrepairable changing its status from fixable to a total loss. That what happens when many cars that hit bad enough happens. There is almost always hidden damage and sometimes that additional repair cost is enough to hit the amount needed to declare a car a total loss.
Deminished value should not come into effect because the car is a total loss first. A vehicle that's declared a total loss does not have diminished value deducted from its value and only comes into play if a car is repaired and sometime in the future it is traded in or sold.
At this point you should just take a deep breath and just ask Geico how much that will give you for your car...you will need to know that so when it is paid off, you will know if you still owe any money on your car loan or not. That's one reason why insurance companies sell "Gap" insurance...to pay off any difference that may exist if you owe more money than the car is worth should it be totaled in a car accident, such as yours was. I hope you purchased this additional insurance out when you listed your car with Geico.
Don't get upset over all the stupidity; it's not worth the aggravation in the long run and as I said before, it is what it is. Sounds like you just never had the "total loss" experience with a car before, I'm guessing....?
But at this point, just Geico handle your accident as a total loss and wait for them to settle your claim with you. Try for the best settlement and then figure out how you will replace your car.
Good luck and I sincerely mean that...
Deminished value should not come into effect because the car is a total loss first. A vehicle that's declared a total loss does not have diminished value deducted from its value and only comes into play if a car is repaired and sometime in the future it is traded in or sold.
At this point you should just take a deep breath and just ask Geico how much that will give you for your car...you will need to know that so when it is paid off, you will know if you still owe any money on your car loan or not. That's one reason why insurance companies sell "Gap" insurance...to pay off any difference that may exist if you owe more money than the car is worth should it be totaled in a car accident, such as yours was. I hope you purchased this additional insurance out when you listed your car with Geico.
Don't get upset over all the stupidity; it's not worth the aggravation in the long run and as I said before, it is what it is. Sounds like you just never had the "total loss" experience with a car before, I'm guessing....?
But at this point, just Geico handle your accident as a total loss and wait for them to settle your claim with you. Try for the best settlement and then figure out how you will replace your car.
Good luck and I sincerely mean that...
09-01-2016, 01:00 PM
#20
Burning Brakes
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So sorry for your trouble. And, unlike one post, I completely understand why you are so upset. In fact, I would have gone POSTAL on a few people. There has to be a LAWYER that will take this case. If they say they won't it's because they see no value in it for THEM. You might have to PAY one to take it. Find one that will send a letter outlining your case and you intend to SUE if it isn't resolved. I would also file a lawsuit against the person who hit you. Let her call her insurance company frantically....Do NOT default on your loan....Good luck and keep us posted on the outcome.
