12-26-2013, 05:13 PM | #351 |
Drives: 2012 IBM 2SS Vert. Join Date: Dec 2011
Location: Tequesta, Fl.
Posts: 784
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And the difference between those two guys beating on a customer's car during business hours and the guy who takes a customer's car after business hours and wrecks it is.........
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12-26-2013, 05:20 PM | #352 |
Unofficial Glass Tech
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i own a business and I have garage keepers.. one phone call to their insurance agent and the insurance company will write the OP a check for the fair market value of his car.. then, the OP could press criminal charges against the person who stole the car to recoup damages.. the twist will be when an attorney finds out the person who stole the car had prior infractions with the HR department at the dealer... then the dealer is responsible for his actions.. a habitual offender is a liability, that is why employers set the bar so high when they hire people
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12-26-2013, 05:42 PM | #353 | |
Drives: SS Join Date: Mar 2013
Location: USA
Posts: 221
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I never said the guy that crashed the ZL1 shouldn't be charged. In fact, I said he was a douche for doing what he did. The only difference is, he wasn't working for the dealer at the time. He wasn't performing his duties at the owners behest. He had no business being there. He had no business being in the car, let alone stealing it. I've been saying I don't feel the dealer was negligent, or responsible for an employee that decided, on his own, to illegally enter the premises and steal a car, after hours. How could the owner have known, or do anything else to prevent it (based on what we know, not on mindless assumptions)? I think I've said enough on this, but this is what I'm basing my opinion on: "Job-Related Accidents or Misconduct Under a legal doctrine sometimes referred to as "respondeat superior" (Latin for "Let the superior answer"), an employer is legally responsible for the actions of its employees. However, this rule applies only if the employee is acting within the course and scope of employment. In other words, the employer will generally be liable if the employee was doing his or her job, carrying out company business, or otherwise acting on the employer's behalf when the incident took place." http://www.nolo.com/legal-encycloped...cts-29638.html And while I'm at it: "reasonable care n. the degree of caution and concern for the safety of himself/herself and others an ordinarily prudent and rational person would use in the circumstances. This is a subjective test of determining if a person is negligent, meaning he/she did not exercise reasonable care." http://dictionary.law.com/Default.aspx?selected=1730 I love the law, but I'm no lawyer. If someone else has actual case law that supports their claims, and discount mine, I'd love to see them… Please though, only present case law that is on point, and based on the facts as we know them… Padre - Thank you. I missed that. Though I've read the entire thread, I've been basing my comments on the 1st post, since I'm most disturbed by the mob mentality and feeding frenzy as a result of that one post alone... |
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12-26-2013, 06:51 PM | #354 |
Drives: 2013 camaro 2ss/rs dusk edition Join Date: Aug 2013
Location: florida
Posts: 446
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i would contact an attorney and also contact the local news stations in your area and adjoining areas. If you cause enough chaos i promise you it will turn in your favor...
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12-26-2013, 07:36 PM | #355 | |
Drives: 2011 2LT/RS - Synergy Green Join Date: Mar 2013
Location: Auburn, Ga
Posts: 432
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Quote:
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12-26-2013, 08:02 PM | #356 | |
Drives: Camaro Join Date: Sep 2013
Location: NOVA
Posts: 1,718
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Quote:
I had a home theft. It was interesting to go through the process. I had an older laptop stolen, it was replaced by another out dated laptop...not the newest one in stores. I also had a expensive watch stolen, it was replaced by a "like" item |
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12-26-2013, 08:20 PM | #357 |
Drives: '13 Roush S3 '16 Ram Sport 4X4 Join Date: Apr 2009
Location: Massachusetts
Posts: 3,100
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So,....let me get this straight.
The douche bag went into work, during non-business hours and took the OP's car for a little "joy ride" and ended up totaling it. If that's the case, the douche bag is 100% responsible for this. The dealership is like a third party issue. Yes, the car was housed there overnight, but the dealership did not allow the douche to take or steal the car for the day, non-business hours. The douche decided that on his own. It's just how I see it. Kinda like suing Burger King because they make fatty foods, I eat their fatty foods and I weigh over 350 pounds now.(Not really, but you get the idea. lol ) I hope all goes well for the OP. |
12-26-2013, 08:22 PM | #358 | |
Unofficial Glass Tech
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12-26-2013, 08:29 PM | #359 |
Blanchard Performance
Drives: 2014 Black ZL1 Join Date: Jun 2013
Location: Louisiana
Posts: 171
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In English tort law, there can be no liability in negligence unless the claimant establishes both that they were owed a duty of care by the defendant, and that there has been a breach of that duty. The defendant is in breach of duty towards the claimant if their conduct fell short of the standard expected under the circumstances.
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12-26-2013, 08:35 PM | #360 |
Drives: Getaway Special Join Date: Jan 2013
Location: Globe Trotter - CIU
Posts: 398
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Contributory Negligence
The dealer and the culprit should both be sued with full restitution being made to the OP.
The dealer was likely contributory negligent for not properly training and controlling the behavior of their employee in this case, and for giving him the responsibility and access to the keys. In addition, if it turns out they hired a person with a bad record, they could even be liable for the whole ball of wax. A good attorney will sue both and the dealer's failure to insure employee ethics is a factor of negligence.
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12-26-2013, 09:00 PM | #361 |
Drives: Getaway Special Join Date: Jan 2013
Location: Globe Trotter - CIU
Posts: 398
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Good Dealers are not perfect. They do make mistakes in hiring ... which are contributing factors in events. Case closed.
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12-26-2013, 09:51 PM | #362 |
Fabricator
Drives: 2011 2SS Summit White Join Date: Jun 2011
Location: Langdon, AB
Posts: 505
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It's a case of not stepping up. I know it's not legally required, but faster results or remuneration would have helped.
Case in point(on a much smaller scale net-value-wise), while working around customers car after hours, employee of mine dented the door. I saw it, nearly cried, and told him if he did it again he was going to be fired. He just wasn't being careful enough. I called the customer within the hour,(9pm) told him what had happened. I wiped the whole bill clean($1000+) and asked to be billed directly for the repair. There was no chip, so maybe a $200 repair, maybe. He was unhappy, but told me he was appreciative of my honesty. He came and picked the car up, we chatted, all was good. He refused to bill me for the repair, and he is booked in for more work. Why did I not just fix it and send him on his way? Simply put its the right thing to do. I love cars, and I know what I would want. I also know that if I can't be trusted, I'll never have work. My reputation is everything to me. I don't make millions, so that $1000 would have been nice. It was the only way that I could think of to show my customer about how much I care.
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12-26-2013, 10:46 PM | #363 |
IG @Brian_ _Self
Drives: 2010 Camaro 2SS M6+17'Tesla Model S Join Date: Nov 2012
Location: Bristol, TN : Instagram @Brian_ _Self
Posts: 804
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-----------OP Read This!!-------------
Look at it like this. Say there was no building around the vehicle, it was an empty lot. The car was parked there, turned off and no body was given permission to operate said vehicle. Only the dealership and under terms that it was for repairs. The dealership was closed. An employee which was not on the clock at the time takes the vehicle. Totals it. 1. Stealing a vehicle 2. Should be tried in court as theft of a motor vehicle and either your insurance should cover it or the suspects insurance should. 3. If insurance should not cover it, you need to sue the suspect for your loss. You need to stop communication with him and the dealership. Speak only with your lawyer, issue a summonce to the dealership or suspect, and let the judge settle this. Ask for reimbursment for lawyer fees, rental car, new vehicle, taxes, title, and tags. Make it clear that you want no part in paying for anything AT ALL. This was not your fault. You should not be financially responsible for it. Sent from my SM-N900V using Tapatalk
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12-26-2013, 10:46 PM | #364 |
IG @Brian_ _Self
Drives: 2010 Camaro 2SS M6+17'Tesla Model S Join Date: Nov 2012
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Do this^
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Tags |
1st state chevrolet, stealership, stolen, totaled, wrecked, zl1 |
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