This is topic FREMONT MACCO!!!!!!!!!!!!!! in forum General Talk at Northern California Ford Owners  .


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Posted by 94 Cobra (Member # 9172) on :
 
FREMONT MACCO

THE STATUS ON MY CAR IS SMALL CLAIMS COURT ON MAY 27TH AND AND SUING MACCO FOR 7,000. MY STANG IS STILL PARKED ON THERE PROPERTY, LET ME KNOW ANY LEGAL ADVICE OR SUGGESTIONS ON HOW TO HANDLE THIS MATTER.

[ February 10, 2011, 06:30 PM: Message edited by: 94 Cobra ]
 
Posted by dubfive-0 (Member # 8965) on :
 
nice to see an update.... now since they have the car in their property, they wouldnt try to sell it?

I know most body shops if a customer doenst pick up the car after 30 days they issue a lien sale

but could be different since they wrecked it

anyways good luck man
 
Posted by 98 ROUSH (Member # 10309) on :
 
You should put this topic in general talk bro!
 
Posted by 1_NICE_03_GT (Member # 10283) on :
 
should sue them for more,
 
Posted by 94 Cobra (Member # 9172) on :
 
MODERATORS MOVE TO GENERAL TALK PLEASE!
 
Posted by bigjerry (Member # 6033) on :
 
TTT
 
Posted by 2TONE (Member # 4216) on :
 
IB 4 TM
 
Posted by SydeWaySix (Member # 3596) on :
 
quote:
Originally posted by 2TONE:
IB 4 TM

[patriot] me too
 
Posted by Smoked50 (Member # 9592) on :
 
[burnout]
 
Posted by Secnd2nun64 (Member # 1431) on :
 
Do you have proof the damage is worth 7k? Is the car worth that much? The court is only going to make you whole, not to profit so have your documents ready to justify the amount your seeking. I hope you read the liability info on your paint contract really well. Also don't take the car unless they give you written instruction to do so, that way they cant say you did the damage. They most likely won't touch the car now that they have been served.
 
Posted by fredfifty (Member # 10320) on :
 
just get a good lawyer, relieve yourself of the headache...if you lost out on work because you have no car, couldnt take baby to daycare (if you have one), hardship, etc...drop it on your lawyer...have everything in writing/documented like said...pictures, everything...

show the courts you were inconvenienced...via your lawyer

get that body shops policy and procedure, rules/reg, their guidelines, employee track records as far as incidents happening at the shop prior..it will help sway the decision in your favor....

shitty situation bro, sorry....
 
Posted by wilit (Member # 3367) on :
 
You're going to have to provide proof to show that the $7000 is warranted. You'll need to provide several estimates for repair. If you had to rent a car, you need to provide those receipts. If you lost out on work time, you need to provide timesheets showing you were scheduled but didn't clock in that day. Also, on the work order from Maeco, did anyone write down that the car had auto start? Would help if you had written proof that they were aware of it.

Don't go in there unprepared cause you'll loose in an instant.
 
Posted by dubfive-0 (Member # 8965) on :
 
WOOW this tread got unlocked....nice!
 
Posted by 94 N.C.F. GT (Member # 3946) on :
 
Just got done reading and looking at the first post I call [BS flag] on them I'v had remote start on alot of cars they do not start on there own. If the button was pushed the car would do a quick jump and shut off and if it didn't shut of it wouldnt cause that much damage. Some one had to be driving it and was a ediot and maeco is just covering up for them.
 
Posted by RRRCobraSC281 (Member # 7086) on :
 
From what I see on the pictures, the brake was never applied before impact. Depending on how far the car was when it actually started in gear, your car could get enough speed to cause this damage. The impact was mainly on the fender and the end of the impact beam. The beam didn't absorb much front to back, but move from right to left. The impact also caused the front of the car to bounce to the left a little as you see in the picture.

You have a case if you have it in writing that you informed them about the auto start.

If you didn't inform them, they could say that you by-passed a safety switch and didn't inform them that it was modified.


What I think happened, was one guy parked it and left it in 1st gear(no e-brake) and another guys (the one you told about the auto start) was curious as to how the auto start works and pressed the button.... and whack.

[ February 11, 2011, 02:35 PM: Message edited by: RRRCobraSC281 ]
 
Posted by RRRCobraSC281 (Member # 7086) on :
 
If you didn't have it in writing, then Maaco would not be 100% at fault.

You're best solution is to replace the fender and bumper and see if they could straighten the radiator support and repaint everything at no cost to you.

This is probably your best solution.
 
Posted by venomous99 (Member # 1917) on :
 
also u gotta somehow disprove that the car turning on was related to some factory malfunction(like they're claiming) but rather neglect by the ppl that work there.
 
Posted by Blind (Member # 3052) on :
 
quote:
Originally posted by RRRCobraSC281:
From what I see on the pictures, the brake was never applied before impact. Depending on how far the car was when it actually started in gear, your car could get enough speed to cause this damage. The impact was mainly on the fender and the end of the impact beam. The beam didn't absorb much front to back, but move from right to left. The impact also caused the front of the car to bounce to the left a little as you see in the picture.

You have a case if you have it in writing that you informed them about the auto start.

If you didn't inform them, they could say that you by-passed a safety switch and didn't inform them that it was modified.


What I think happened, was one guy parked it and left it in 1st gear(no e-brake) and another guys (the one you told about the auto start) was curious as to how the auto start works and pressed the button.... and whack.

I agree, the remote start has to be done intentionally, all the systems I've seen you have to hold a button for like 2 seconds, or hold a combination of buttons.

It's not something that you can bump the remote and have the car start by itself.

regardless of that, having the system setup without a neutral safety lockout is very stupid of whoever installed the system.
 
Posted by my-91-coupe (Member # 9967) on :
 
Hes gana win this maccos fault theres the skid marks the fact u do have to hold it in for 2-3 sec and then no e-brake come on it will jerk but it wouldnt drive and slam on the breaks and hit something that hard
 
Posted by SnakeBit (Member # 8871) on :
 
quote:
Originally posted by my-91-coupe:
Hes gana win this maccos fault theres the skid marks the fact u do have to hold it in for 2-3 sec and then no e-brake come on it will jerk but it wouldnt drive and slam on the breaks and hit something that hard

sorry, but if you have spent anytime around a body shop you would know that that is sanded primer, white skid marks with a perfect pattern? think about it. After I had my car painted I had the same thing. Good luck with the case. What Macco was this there are 2 Fremont Maaco's.

[ February 11, 2011, 05:14 PM: Message edited by: SnakeBit ]
 
Posted by 2TONE (Member # 4216) on :
 
grimmer i believe i work around the CoNer and i see it Sometimes
 
Posted by 90FoX (Member # 1974) on :
 
Isn't is illegal to install auto start on a manual or do shops just not do it because of liability issues? [Confused] If it's illegal your probably SOL if they prove you had illegally modified the ignition etc.

Either way wish ya the best of luck. [patriot]
 
Posted by SnakeBit (Member # 8871) on :
 
quote:
Originally posted by 2TONE:
grimmer i believe i work around the CoNer and i see it Sometimes

so this is what I don't understand The area that I see the car wrecked is the wash area. I know this because I got my car painted there and they were washing it when I showed up. I don't see how anybody could have been going to fast unless they just blatantly went WOT straight into the dumpster. Its a very small area. If you look at google maps street view you can see how narrow the driveway is where it crashed into the dumpster. At this angle the car must have come straight out of the warehouse. So I think there are only 2 possibility's because we know it didn't start up by its self.

1. one of the workers accidentally hit the start button and didn't want to fess up because he probably would lose his job.

2. The car didn't actually crash there.

Good luck!

http://maps.google.com/maps?q=grimmer+maaco&oe=utf-8&rls=org.mozilla:en-US:official&client=firefox-a&um=1&ie=UTF-8&sa=N&hl=en&tab=wl

I also found this thread. Somebody else accidentally hit the autostart.

http://www.allfordmustangs.com/forums/5-0l-tech/14610-autostart-manual.html

lol
http://www.youtube.com/watch?v=s5YGCntaA8o

[ February 11, 2011, 07:21 PM: Message edited by: SnakeBit ]
 
Posted by RRRCobraSC281 (Member # 7086) on :
 
quote:
Originally posted by my-91-coupe:
Hes gana win this maccos fault theres the skid marks the fact u do have to hold it in for 2-3 sec and then no e-brake come on it will jerk but it wouldnt drive and slam on the breaks and hit something that hard

All it takes is about 8-10 mph to do this kind of damage.

Cold start idle is probably around 800-900 rpm.

Those marks behind the tire are not skid marks. Skid marks are usually black and leave solid lines the width of the tread. The marks in the pic you actually see tread patterns left by the tires as it rolled over the pavement.

More than likely the manager was either one that parked it in 1st gear, or the one that pushed the auto start button.

What's the under/over on this?

I bet there's a knee jerk reaction to this at every Maaco. They probably put out the word to not accept jobs on car with auto start.
 
Posted by 94droptopGT (Member # 4992) on :
 
quote:
Originally posted by 90FoX:
Isn't is illegal to install auto start on a manual or do shops just not do it because of liability issues? [Confused] If it's illegal your probably SOL if they prove you had illegally modified the ignition etc.

Either way wish ya the best of luck. [patriot]

+1 your a clown, your car's not even worth 7k. Sounds like you set a boobie trap for anybody who works on your car. [Embarrassed]
 
Posted by CobraCoupe (Member # 7233) on :
 
Haha vics a clown [Big Grin]
 
Posted by v-town coupe (Member # 2771) on :
 
90 fox does bring up a valid point. get on the website of the manufacture of your auto start and make sure there is no disclaimer about putting it in a stick car. if there isnt, print that shit out and hang on to it.
also someone brought up the fact that if you have it in writing , that you told them make sure you hang on to that work order.

[ February 11, 2011, 08:46 PM: Message edited by: v-town coupe ]
 
Posted by 89point. (Member # 6078) on :
 
On break.com it shows a guy at a shop standing outside the car and presses the button and that shit went in reverse and crashed into a car.. Shit rolled for a coo min too. Maybe u can look that video up and show em that someone has to press it and that a car can pick up a coo amount of speed and crash in this manor.. Check it out, hope it helps your case.
 
Posted by 90FoX (Member # 1974) on :
 
^^^^
is this the one?

http://www.youtube.com/watch?v=JbCt26gC364

or this juan?

http://www.youtube.com/watch?v=Gtb5UMMLQ70&NR=1&feature=fvwp

[ February 11, 2011, 09:19 PM: Message edited by: 90FoX ]
 
Posted by asskickn88 (Member # 4957) on :
 
Holy shit, this building just ran into this car! http://www.youtube.com/watch?v=NF-hQ4AneCA&feature=related
 
Posted by svt306snake (Member # 1967) on :
 
what kind of alarm is this on the car. i have remote start on my cobra and you have to go through a series of steps to be able to start with the remote.
 
Posted by asskickn88 (Member # 4957) on :
 
quote:
Originally posted by svt306snake:
what kind of alarm is this on the car. i have remote start on my cobra and you have to go through a series of steps to be able to start with the remote.

I wouldn't bother trying to help T, if you don't agree with him and say Maaco is at fault he'll just call you ignorant.....
 
Posted by svt306snake (Member # 1967) on :
 
quote:
Originally posted by asskickn88:
quote:
Originally posted by svt306snake:
what kind of alarm is this on the car. i have remote start on my cobra and you have to go through a series of steps to be able to start with the remote.

I wouldn't bother trying to help T, if you don't agree with him and say Maaco is at fault he'll just call you ignorant.....
i feel you, just was checking cause i didnt see that part..
 
Posted by 89Rodknocker (Member # 2951) on :
 
just as a heads up Maaco is at fault. I work for a dealer and this has happened to us. While the car is at the dealer or repair shop they are responible for the car. If a freak of nature happens and the car catches fire that is on you. But after being told the car has a remote start the car should of never been left in Gear regardless if the keys are on the table or not.

We had a new kid who knew how these alarms worked start a customers car which crashed into another cust. car. Long story short we fixed both cars. They are responisble and should have fixed it. Point blank. Regardless of the clutch bypass they were informed of these feature and should of taken measures to make sure this accident happen.

The only problem i can forsee at court is most alram manufactures state that you are not supposed to bypass the clutch switch.

Hope they work something out for you. Looks like it would of been a nice paint job. How much did they charge u for paining it and what package?

[ February 12, 2011, 01:55 AM: Message edited by: 89Rodknocker ]
 
Posted by RRRCobraSC281 (Member # 7086) on :
 
I don't think everyone here is saying that Maaco isn't responsible for what happened. They are responsible for what happened, but to demand that they buy the car from him at $7,000 for a 94 Cobra(or is it a GT? can't tell, the front rotor looks small)? I don't know.


I remember reading something similar to this at a BMW dealership. Dude with an M5 had his car in for service, and one of the mechanics took it out for a test drive and went too fast around a corner and busted the right front corner and right rear suspension.

Long story short the dealership offered to make all necessary repairs to bring it back to the way it was prior to it being at the shop. The dude didn't accept this and wanted them to buy his car at full replacement cost, because his argument was that it's been in an accident and the value of his car just dropped because of this.

So the guy takes them to court and the judge sides with the dealership to make the repairs.

I'm not sure what dialog you've had with Maaco, but if they offered to make the repairs, this might be the only solution.

In any case, good luck in court. Looking at the pics, they did a really nice job on your car(paint that is)I think I'll have them paint my next project. 93 Cobra Terminator [Big Grin]

[ February 12, 2011, 02:38 AM: Message edited by: RRRCobraSC281 ]
 
Posted by 89point. (Member # 6078) on :
 
90fox it was the first Vid u posted that I was talking about, one day I should learn to post pics and vids..
 
Posted by 94 Cobra (Member # 9172) on :
 
I'll be picking up the car soon and posted pics.
 
Posted by SAV650HAB (Member # 10324) on :
 
quote:
Originally posted by 94 Cobra:
I'll be picking up the car soon and posted pics.

so they fixed it??????? i assume they did. did you get paid on top of the repairs?
 
Posted by Eddie510- (Member # 2354) on :
 
quote:
Originally posted by SAV650HAB:
quote:
Originally posted by 94 Cobra:
I'll be picking up the car soon and posted pics.

so they fixed it??????? i assume they did. did you get paid on top of the repairs?
Let us know an update. I'm assuming they fixed it. Hopfuly all went well. And I don't think it won't be salvaged tittle since it won't be going through insurances which is a good thing for ya
 
Posted by Eddie510- (Member # 2354) on :
 
Updates on this?
 
Posted by 94 Cobra (Member # 9172) on :
 
They decided not to fix it. So I pulled it out the shop and signed a paper that my car is damaged and settlement to be determined in court on may 27th. Im going to get two other body shop estimates to take to court as evidence of total damages and hardship. The car is sitting in my garage
 
Posted by Eddie510- (Member # 2354) on :
 
Wow.. Hopfully everything goes your way and pay for your sn95...... I think any shop should be responsible if anyones car gets damaged in there possession . Even if it did have auto start then they should have never accepted it in the first place to get worked on.
 
Posted by 89point. (Member # 6078) on :
 
So do they still have it or do u have it? Your edited post says they do but the one above me says it's in your garage? Either way I hope this works out for u bro, they are just being douches cause they fuckd up and don't wanna admit it.
 




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