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J

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Discussion Starter #1
Today, I took the 9c1 too the car wash to have it washed due to the dust collecting on the car. I paided for the car wash and was inside. Some guy up front said that a car hit the backside corner of the building. I walk out back, and there is my 9c1 sitting in the corner of the building with the front left hand side smashed up. It pushed the drivers side tire back almost into the splash guard which equals almost 6". I talk to the manger of the car wash and he states to me that the gas pedal stuck and the kid driving it lost control of the vehicle. This is a bunch is BS!!! Its kind of funny I've never had any problems with the throttle sticking. They smashed up the front left corner of the hood, the front left fender, the bumper cover, and the messed up the suspension. The manger of the car wash tells me to file it against my insurance, I TELL HIM HE MUST BE OUT OF HIS MIND!!! He said that he will fill out an accident report, and he advised me that he wanted to tow it to his body shop of choice. I advised him its going to be towed to the nearest Chevy dealership. So the wrecker came and they took it to the nearest Chevy dealership. The manger said that the shop will pay for the damage to the vehicle. He said that the have a $1000.00 dectuble, and shouldn't exceed a $1000
00 to fix the vehicle. I advised him that we will see what the dealership comes up with. I advised the manger if he trys to give me a hard time about this matter, he will be speaking to an attorney. I have a feeling there going to low ball me here. This isn't going to happen at all!
Well, we'll see what happens tommorow.

Jay
 
D

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Discussion Starter #2
Do they have 14 year olds driving the cars there? Holy hell, get your money's worth out of that guy.
 
B

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Discussion Starter #3
yeah I don't think there's any issues w/ out pedals sticking unless the worm clamp is installed the wrong way, but It looks like some dumbass was driving.
 
C

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Discussion Starter #4
no way that'll cost less than $1000...especially at a dealership! look for $2000 at least. I had a similar accident (same panels damaged, with no suspension damage) and at a gm dealership i was quoted $2700!!! Really sorry to hear it though, good luck.
 
A

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Discussion Starter #5
It was some thug that orgasmed by just sitting in your car and as a result of that slammed the gas pedal. Everytime I go either to a shop or dealership, the thugs rev my car and and peel out. Nothing new. Ya, thats way over 1k in damage. At least you will get some new parts
 
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Discussion Starter #6
I'd guess that's at least $3000 in damage. Sorry for your pain.

Around here some car wash dude had a problem while driving an undercover police vehicle, smashed the Jeep into a Lincoln, then through a fence into a guard rail, needless to say the Jeep was a write off and the Lincoln had $10,000 in damage.
 
J

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Discussion Starter #7
The suspension on the left front of the car was pushed back at least 6". You can turn the wheel to the right. It doesn't look like the centerlink was bent. The dealership said the most damage was to the suspension. The dealer said its very costly to fix the suspensions on these cars. I'm assuming right of the back that there going to total this. Like another member said here, he had similar damage and they quoated him $2700 to fix the front end with out having to touch the suspension. The body parts are very easy to find, and very inexpensive on these cars. I guess I have to wait and see what the outcome of this will be.

Jay
 
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Discussion Starter #8
Make sure that the manager of that car wash pays the deductible. You shouldn't be out anything. They had better be paying for a rental as well. Contact your insurance company, get them to deal with this if you have to. They have corporate lawyers and a great knowledge of the laws in this area. This is just like when I had a city property tree break apart and hit my car. I first went to my insurance company, and they decided whether to go after the city or not. Trust me, your insurance company won't want to pay for repairs if they can put the responsibility on someone else.
 
B

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Discussion Starter #9
what if he dosnt have full coverage?


will the ins. company still fight for him then?
 
M

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Discussion Starter #10
Even if they total it, fix it...long as the frame isn't bent where the control arms bolt on, then it's really not that expensive (take the money and don't let the dealer do the work, buy the parts from Dal and get help from forum members if you've never done suspension work before).

If they don't total it...don't even worry about the cost...you shouldn't pay a dime, you weren't behind the wheel, the gas pedal isn't stuck and shows no evidence of having been stuck...I guarantee you it was some jackass saying "wow, and old cop car", got on the gas, was water on the ground cause it's a car wash, car fishtailed, nailed the corner of the building...they should pay every last cent of the deductable, and the insurance should hold it against them, not you.
 
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Discussion Starter #11
Originally posted by bigb9000:
what if he dosnt have full coverage?


will the ins. company still fight for him then?
No.

You did call the police and get a report made out right? The car wash would be 100% responsible for the damages.
 
J

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Discussion Starter #12
The manger at the car wash is a total idiot. Now he is trying to claim that there was a recall on this vehicle for the throttle linkage. He is trying to use this against me. He said I should file it against my insurance. I told him that he must be nuts!!! The estimates are in. 1st estimate is $4850.00. The 2nd estimate is 6550.00. They stated that it needs both an upper and lower control arm, knuckle, left fender, inner fender, bumper cover, and core support. They are self insured, up to $5000.00. Meaning that they have to pay up to $5000.00 worth of damage to the car. After the $5000.00 the insurance will pick up the rest. What do you guys think I should do now? Should I get an attorney? Does anyone know if there is a recall on the throttle linkage.

Jay
 
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Discussion Starter #13
NHTSA Recall History
1991: Shoulder-belt guide-loop plastic covering may crack and expose the steel subplate; in a crash, seatbelt webbing can be cut.

1991-92: Secondary hood-latch assembly can corrode.

1991-96 police/taxi: Rear lower control arm can crack.

1992 w/special-order 4.3-liter engine: Engine-mounted fuel-feed and return pipes on some cars may fracture.

1992: Antilock brake-system modulator can corrode and leak fluid; may reduce brake effectiveness and increase stopping distance.

1994: Fuel-tank strap fasteners can detach, eventually allowing tank to sag.

1994: Oil-cooler inlet hose may be too close to steering gear, causing chafing that could result in leakage and fire.

1994: On small number of cars, paint between wheel and brake rotor/drum can cause lug nut to loosen.

1994-95: At low temperatures, throttle return spring could fail due to excess friction.

1994-95: Lower ball joint on a few cars sent to Guam and Puerto Rico can separate (also applies to 1995-96 police/taxi/limo).

1995: Improperly adjusted transmission linkage may permit shifting from "Park" position with ignition key removed.

1995-96 station wagon: Airbag caution label and roof-rack caution label were incorrectly installed on same side of sunvisor.

1995-96: Wheel lug nuts were not tightened to the proper specification. This could result in wheel loss.


BUT, I doubt it was the prob, I reason it was driver error.
If it was a cop car, more than likely they had it fixed, unlike Joe Q. Public.
 
M

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Discussion Starter #14
Did anyone ask if the dude driving the car had a license? I would hope they are required at carwashes. Keep in mind, many of these places pay under the table or the guys work on tips alone! (saw a Dateline on that.)
 
R

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Discussion Starter #15
looks like you live in Texas and September. I bet it wasn't "cold", so throw out the throttle return spring BS. Make them pay.
 
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Discussion Starter #16
Most states have a version of Small Claims Court. They are "equity" courts for cases up to about $5,000. In most cases, attorneys are not allowed in these courts and both parties show up to present their cases, like you see on the TV shows but without all the crap. The filing fee in CA is about $30.00. You can serve the suit yourself. In some states, these are part of the Municipal Court where you live. Find about about that and what the local requirements. Try to avoid an attorney if possible.
Businesses like this often have deductibles on the liability insurance. They give the job of handling the claims up to the deductible amount to some untrained "manager" whose job it is to try to defeat your claim. This person is usually not qualified to be handling claims and will be a real impediment so he can make himself look good.
When you entrust your property to someone else for money(parking lots, car washes, etc.), you have created what is known as a "bailment". This means that the other party has a very high standard-of- care obligation to your property. It's not the same as leaving your car with someone for free. In that case, the person would only need to show the same reasonable degree yoou yourself would use. This also is why the disclaimers on parking lot tickets etc. are invalid. They are responsible for loss, theft, etc. of your property and have to show that a high degree of care was used to prevent same to avoid having to pay.
Research this, go file suit now, prepare your case, and stop letting this clown run what is going on. Take charge and go about it in a business-like fashion. He also owes you for a rental car while yours is in the shop.
This will be a learning experience for you and will give you confidence in the future. Concede nothing and demand more than it's going to actually take so you have some room to accept a little less.
It's not up to you to prove it didn't have a stuck throttle, it's up to him to prove it did. Get the name of the kid or take his photo. This is a good reason to have a disposable camera in your glove box. Take a lot of photos for court.
Good luck. You can do this. Your car is not a total and they have to pay you to fix it and loss of use during repairs. Go for it.
 
B

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Discussion Starter #17
yeah, sounds like the owner just doesn't want to pay you. get out the yellow pages and start finding lawyers. most probably wont want a case that small, as most are scum sucking bottom dwellers, but if you find a hole in the wall place, you will probably be fine. and small claims is only $5k but remember, they just tell them to pay you. they are not forced to. and you will still be out $1000+

get a lawyer. chances are you can find the parts cheaper than $4k and get it fixed for less than $5k. but still, you should have to do anything.
 
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Discussion Starter #18
and if it did get stuck, wouldn't it only be stuck at a little more than an idle? thus the brakes being able over powering the throttle? unless of course it stuck at full throttle i could understand hitting the wall. but why would he be at WOT at a car wash?
 
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Discussion Starter #19
Get a lawyer, copy of the police report and make sure your insurance is up to date. Hopefully you have another form of transportation, looks like you got a fight on your hands.
 
C

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Discussion Starter #20
Dude end this crap with a quickness!

Go to the local newspaper with the picture and story, you will get a check as fast as they hit the building with your car. Then go to the BBB (Better Business Bureau, not the Impala term) and local Chamber of Commerce and file the complaints.
 
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