Rough Night

In progress

I'll take 1 new door please

Ouch! Looks like you have a project...

quote:

Originally posted by Quickitty:
.... I offered to help several times, of course because of insurance reasons I had to keep a distance.
.

And because of insurance reasons, the car hauler buys you a new door right? Right?

Oh yea, there will be an insurance claim. Just hope there was no damage to the door piller post.

I thought that was what winches are for. I mean, I have had plenty of dead cars sent around, and a winch is absolutely necessary for loading AND unloading.

I would be really pissed if that was my car -- so I understand. And yes, there is damage to the pillar -- at least on the insurance claim as you cannot claim this later.

I have been out to Wilkinson's and I am sure Hall is the same way, but Steve has a lot of good doors available. I'm sure he is going to want good money for one, but he does have product at least.

Sorry to hear about your car -- I feel your pain.....

Mark

What an unfortunate start to a promising project.
It's "kind of" rough around the edges, but there's a "kind of" pricey door available on eBay that might "kind of" put you back where you started......Good Luck on your build.

http://www.ebay.com/itm/DOOR-L..._Accessories&vxp=mtr

Are you going to do the work your self? If not I know a local guy that does good work. Hedoes the paint and body work for the Hot Chile Rods. Helped me with the Falcon.

PanTTera
Thanks, I am trying to work something out with a member here that has a door. Looks like the trucking and insurance company want to drag their feet on this, as they have nothing to loose by taking their time.
Captainobeys
How did your brake lights come out?
I am one of those sick pups that actually like to do my own body work and paint, kind of a stress relief from my job. Although I am pretty good with metal work, this door is twisted pretty bad and it will never be worth the effort to try to salvage it.
Funny thing is, I bought this car because the metal was pretty straight, no through rust anywhere, atleast the damage is limited to the door. I am not sure if I am going with a GT-5 conversion or Group 4, either way it is getting fender flares. I am thinking Lambo yellow on this one since Lambo orange looks so good on my last one. Only thing I plan on subbing out is the engine rebuild, that will go to Joe's Performance, 408 stroker. He builds a bullet proof engine.

Congrats Jay! I can hardly wait.. you must be doing some thing right.. sucks about the door. Make the insurance pay the full amount... Watch.. they will pay for a door but not the paint... Tell them you have to have it polished to match..LOL Good luck Bill

Stop lights are fixed. Now a Seat belt buckle blew apart. The car was a Colorado car. No humidity. Now here in the humidity, any thing plastic is getting soft and coming apart.

i have a door and seat belt if you need them. mikedmayberry@hotmail.com

Progress report.
Advanced Car Carrier Corp in Portland Oregon has denied any responsibility for the damage their driver did to my car. Their contract that I signed (after the damage was done, or the driver would not release the car) in fine print on the back states they are not responsible for any damage they may do to the car, because it is a restoration project. "salvage, Project or Restoration will not be subject to any kind of claim regardless of the conditions said or described of the vehicle at origin" .
I spoke to my attorney and he suggested I "let it go".
This may take a couple of Rum and cokes to settle the nervous twitch that is developing in my neck and right eye.
Beware who you use to ship your cars with

File a small claims suit in the county court. In the suits discovery or elsewhere ask for the drivers information. If you do not collect thru the carrier, sue the driver that damaged your car personally. That will stir up the pot a bit where it would be cheaper for them or him to settle.

Not to mention the bad press

Just a thought.

Angelo

Great suggestion!!

Probably beating a dead horse but here is their response

Jay,

As per our recent conversation on the phone, I would like to provide your with the written response on your damage claim.

In order to ensure a fair and accurate assessment of this claim we have conducted an investigation with those involved in the transport of the car. Based on this we have learned, that your vehicle was going ASIS, as was noted on the Bill of Lading (the "Contract").

Enclosed with this letter is a copy of the Bill of Lading signed by your authorized agent on November 07th, 2011. The contract included the terms and conditions on the reverse. We must deny your claim for damages for the following reason(s):

According to Section 6 of the Bill of Lading "any Vehicle that is transported as a SALVAGE, PROJECT, or RESTORATION will not be subject to any kind of claim regardless of the conditions said or described of the vehicle at origin".
Your vehicle was going ASIS, ACC Corp. Not Responsible (please see attached).

We understand damage to a vehicle can be frustrating experience. However, since ACC is not legally responsible for the damage, we suggest you to report this damage claim to your own auto insurance company.



Regards,

ACC Corp.

Basicly these guys can bust up your car, yes, even a completed restoration and they don't give a crap and accept no responsibility. Just doesn't seem right

That sucks, but if your lawyer advises such, it is probably a lost cause.

At least let them know that you are a member of a numerous car foums and will be reporting your experience.

Julian

quote:

"any Vehicle that is transported as a SALVAGE, PROJECT, or RESTORATION will not be subject to any kind of claim regardless of the conditions said or described of the vehicle at origin".

The damage has nothing to do with the condition of the vehicle "at origin", you have photos of the car when it arrived on the truck showing no damage, a shot of the truck driver doing the damage, and the damage after the fact, they were negligent and should be held accountable ... although in an earlier post you said that they have a clause that absolves them ... "they are not responsible for any damage they may do to the car" Gotta love clauses like that, basically, the driver could have taken a sledge hammer to the car in front of you and you couldn't do anything about it. Just doesn't seem right.

Don't let this go unchallenged. They are trying to blow smoke up your butt with legal bullying via a condescending letter. Let the small claims court decide the outcome. You have evidence of negligence.

Some points to ponder:

1. Is the vehicle titled as 'salvage, project, or Restoration'? Who labeled this car and how/why?

2. Or is it titled as DeTomaso Pantera? ...Or is it a 'PARTS CAR' where each part on the vehicle has an intrinsic inventory value? The door has a resale value. Or vehicle art? Your an artist, right?

3. The car was shipped "AS-IS"......It SHOULD have arrived at its destination, off of the truck in the same "AS-IS" condition as shipped (origin)!! It is no longer in its "AS-IS" condition. Refer to #5754's comments earlier, I fully agree.

4. There is NOTHING either party can sign that will absolve someone of negligence or gross misconduct when such an act causes material damage, physical injury or death.

5. Your pictures speak volumes. Also, I am not sure but I believe the drivers foot attire would not pass the courts, or insurance companies muster. I do not believe it is even legal to drive a vehicle in florida wearing flip flops!

6. Your offer to help was refused due to insurance reasons. IF you were allowed to help, the odds of this damage would have been greatly reduced at a minimum. This puts the carrier and their insurance back into the liability pool.

7. The way I see it there are four, maybe five parties in this conflict: You as the victim, carriers insurance co., the carrier, the driver. I would name all...or file separate suits..shotgun it. The driver has his own personal insurance to cover himself and any vehicle he drives most likely.

Personally, I would not let them drive away happily with your money leaving you with damaged goods. Just the aggravation of them going to court to defend themselves should be incentive enough for them to make a settlement offer at least. Their attorney costs would most likely be more than the claim is worth! You have to decide if the time and cost to file suit is worth the return. Your choice in the end.

Angelo

Disclaimer:

The above is my opinion only and not to be taken as legal advice or direction.

Thanks for all your support guys.
I have been using this post to vent my frustration a bit. You guys have offered some great support and I appriciate that.
I agree, that this is a case that can be won, but more importantly the question is, is it worth my time, effort and aggravation? Probably not.
It does get under my skin when a company takes advantage, rips off or just plain screws over the very people that keeps their company in business in the first place.
In the simplest most basic part of my mind I believe that there will be an accounting for this, a devine justice that I may never see.
Or I may have a change of heart and sue the crap out of them

quote:

Originally posted by Quickitty:
Thanks for all your support guys.
I have been using this post to vent my frustration a bit. You guys have offered some great support and I appriciate that.
I agree, that this is a case that can be won, but more importantly the question is, is it worth my time, effort and aggravation? Probably not.
...
In the simplest most basic part of my mind I believe that there will be an accounting for this, a devine justice that I may never see.
Or I may have a change of heart and sue the crap out of them

Your financial justice is up to you and your Excel spreadsheet. If it makes sense, then "Illegitimi non carborundum" (Don't let the bastards grind you down)

As far as divine justice, if the almighty won't save a plane full of people from crashing into the ocean, or save a child from leukemia, then your dented door is way down the list.