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Legal question for the lawyor or someone who knows
Cutiegirlracing
Member Posts: 2,595 ✭✭✭✭✭
I live in Indiana, so Indiana law will apply here.
I have a Seadoo that blew up last year. I found the oil pump had fallen off, it's been documented too. It's a 2 stroke, so the engine ran without oil and loss compression on both cylinders. I should have caught this but I didn't. The last place to work on it had to change a speedo cable and the oil pump would have been in the way. I had to have them work on it due to a warranty issues, didn't have a choice. Unless I wanted to pay 1500 out of my own pocket. I know they had to remove the pump, they say they didn't.
Now I have a blown ski and they claim no responsibility. Where do I stand as far as suing this place? I know I can rebuild this for less than a grand, but I want a shop to do it so I can sue for the shop's amount. Should I tear this engine down and take pix, or just leave it untouched until after the lawsuit? I can prove the engine was brand new right before they worked on it. Oil pumps just don't fall off on there own.
I have a Seadoo that blew up last year. I found the oil pump had fallen off, it's been documented too. It's a 2 stroke, so the engine ran without oil and loss compression on both cylinders. I should have caught this but I didn't. The last place to work on it had to change a speedo cable and the oil pump would have been in the way. I had to have them work on it due to a warranty issues, didn't have a choice. Unless I wanted to pay 1500 out of my own pocket. I know they had to remove the pump, they say they didn't.
Now I have a blown ski and they claim no responsibility. Where do I stand as far as suing this place? I know I can rebuild this for less than a grand, but I want a shop to do it so I can sue for the shop's amount. Should I tear this engine down and take pix, or just leave it untouched until after the lawsuit? I can prove the engine was brand new right before they worked on it. Oil pumps just don't fall off on there own.
Comments
Somehow, you have to find out where they have their insurance. I would just call them, or have somebody else call them about having a repair made, and say that you only work with fully insured shops. Inquire about where they are insured, and then you can make a claim with their insurance company, and the company is legally obligated to investigate the claim. You have solid ground to stand on if you have documentation.
It will at least make them look bad in their company's eyes.
the other option is small claims court, but once again, documentation is probably going to be key.
Ben
Contact Seadoo. Tell them the story. Post their response here.
I'd switch that thing over to 36volts with electric drive and run it on ponds and lakes with no gas engines allowed. Use an electric golf kart or electric go kart drive system.
Imagine the outrage then admiration you'd get. Kids would love it. Use it as a tax write off because it would then be a alternate fuel vehicle.....sure it would be for fun but it would be registered for the water.[:D]
Don't trust ANYONE to work on your stuff.
Contact Seadoo. Tell them the story. Post their response here.
I'd switch that thing over to 36volts with electric drive and run it on ponds and lakes with no gas engines allowed. Use an electric golf kart or electric go kart drive system.
Imagine the outrage then admiration you'd get. Kids would love it. Use it as a tax write off because it would then be a alternate fuel vehicle.....sure it would be for fun but it would be registered for the water.[:D]
The warranty is up now so no one else will touch it. Unless it's my dad, maybe one the guys in my granpa's shop. Sometimes those guys act like they know what there doing.
Have the shop document in writing their excuse about not having to take the pump off before you spring the expert witness on them. It will make them look like fools or liars, either one will make your case.
Where do you get an expert witness? Try another shop, write to the factory for a written manual of proceedures, make up some diagrams to show the judge. find out how many years the shop mechanic has been working onskeedoos. Your witness will have to know more. Make sure your witness has more years of expereince, is factory certified etc.
--[:o)][:o)]--JIMBO
Ask the insurance company to help you file the claim, in most States, the insurance company is obligated to do that.
I'm guessing that as soon as you get the insurance company involved, the actual repair shop will be more than happy to make things right. The last thing they want is for their insurance company to pay out on a simple negligence claim.
The insurance company will investigate and will make payment, but, payment will be limited to the following:
1) The Actual Cash Value of the loss. In other words, if damaged parts have a limited lifespan, they will be depreciated accordingly. Labor is NEVER to be depreciated, only parts. If a part does not wear out (in other words, unless a fender is rusted, a fender will not wear out and conceivably will last forever), it should not be depreciated. Actual Cash Value in most venues is defined as Replacement Cost less Depreciation, although there are other definitions.
2) The insurance company will exclude anything that is considered the shops' "work product." In other words, if the shop was working on the oil pump and the oil pump was damaged/destroyed/faulty/whatever, then the insurance company will not pay to touch that oil pump in any way, shape or form. That's the responsibility of the shop. This is done because the insurance company is not interested in providing warranty service for someone's work or their product that they create, only the RESULTING damage from use of that product.
Does that make sense?
If the shop refuses to put you in touch with the insurance company, fix it yourself, document the hell out of it, have your mechanic go into extreme detail as to what went wrong, why it went wrong, etc., keep all receipts and then serve the shop with a lawsuit.
You should hear from that shop's insurance company in less than a week.
Finally, any and all communication with the shop should include deadlines. In most cases, a ten-day deadline is more than adequate to have them react. Send EVERYTHING certified mail/return receipt. Document any telephone calls with who you spoke to, when you spoke to them, and what the conversation was about. Any deadlines you give should be put in writing, such as, "Should I not hear from you within ten days of your receipt of this letter, I will have no other choice but to explore other options." Never threaten legal action in writing. It is always "exploring other options." They'll know what that means, and they'll react 9 times out of 10.
I hope this has been helpful. Good luck.
Spaniel- bullseye. Good advice. I would only add preserve everything- take pictures, don't change anything until the claims adjuster has the opportunity to exam it. DO contact the mfgr, and ask (nicely) for a copy of their shop manual instructions for the work that was done. IF the shop manual says "remove oil pump", then it is a good bet that is just what happened.
Yes, pictures should be taken, but no, you don't have to give the other side anything more than a reasonable amount of time to inspect the damages. I'd not call 24 hours reasonable, but I'd not call two weeks unreasonable.
[8D]--Didn't you ask this question before and what was the answer??
--[:o)][:o)]--JIMBO
No I haven't you must be thinking about a Waverunner and a different Seadoo I had, both of those had blown motors. But I brought those blown up. I buy blown bikes repair them and resell them for profit, as time/money allows me. The Waverunner is done, I haven't had a chance to tear down the Seadoo yet.
This ski I mention in this post is a personal play bike. I also have a race ski, but it's running just fine.
"Errors and Omissions" policy."...that's assuming they have this (or any other insurance).
No. An E&O/D&O policy is not for this sort of loss. Not even close.