| AudiInProgress |
| Ouch indeed! |
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| devin_mm |
| That's terrible, I wonder if the laws regarding what insurance shops must carry in Canada is different? I wouldn't know I've never had anything performance modded. |
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| kevito_ |
I'm glad in Canada that there are some interesting consumer protection laws. It can be expensive to flex that muscle tho, because it will inevitably involve going to court... but you can usually recover most of the cost, even if you have modifications that aren't in your actual insurance policy since a good lawyer can usually argue that. I'm no legal expert by any means, but I have heard a lot of confirmed victories over retailers/etc being douchebags...
A law profesor told me that even if you sign forms that say they 'are not responsible for any damages incurred', etc, etc, they will not hold up in court you can prove that they failed in providing the service you paid for. Just simply adding that clause does not make you free of liability...
If you pay to replace a clutch and they total your car, insurance or not, they are responsible for any damaged because they failed to provide you the service that was agreed upon (ie: you can't drive your totalled car). If they couldn't fix your car without going on the road (maybe they didn't have a dyno), it is their problem to figure out a safe way to test/check the vechicle. Paying money for a service is a contract to perform the work, whether you sign a paper or not (signed papers can make legal fights easier for the shop to win if they were in the 'right'). Events like these are part of the reason why mechanics and shop techs require proper formal training is to guartee a certain level of confidence in the work that is performed: they are liable for what they do... It's part of being professional and being able to charge professional prices for work.
The same thing applies at those Impark parking places: "we are not responsible for lost or stolen articles or vandalism or theft"... Except they are legally responsible for anything that happens there. Why? Because they accepted your money for parking and must provide a safe and well managed service (their ability to give out parking tickets is pretty professional, no?). If you don't believe me, ask any personal property lawyer.
I'm trying to find the articles I have read regarding people sucessfully sueing Impark over theft and vandalism... there are quite a few that I remember reading...
There are also a few cases of this at the University where someone hurt themselves and created property damage at an event where they had paid to go party. Lots of us that have planned events at the University are briefed by the campus' legal advisor to minimize legal risk... these stories are true (proof is provided)...
Even though they signed a 'release of liability', it didn't hold up in court because the University group failed to provide the service the guy had paid for. Specifically, they failed to provide a safe and well managed (ie: properly managed risks, reasonable deterrents for bad social behavior, etc) event for which money was paid. He sued for his injuries... he also sued for the damages he did to the property (he had been sued sucessfully to pay for those damages he created)... his lawyer was good and they found the University responsible for his injuries and for some of what he had to pay out. |
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| flatboy |
| Hm, reminds me of a certin skyline that got test drove to calgary a while back |
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| Blackout-spec |
| i really like those rims. |
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| Invalid Zero |
quote:
Originally posted by flatboy
Hm, reminds me of a certin skyline that got test drove to calgary a while back
Whatever came of that anyway? |
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| talonstylz |
Heres another story of a shop doing a "test drive"
Story
Pics
Whats with all the "test drives":dunno: |
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| sikid111 |
| its coming to the point where were gonna have to fix it on our own, or very close people taking care of it... |
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| flatboy |
quote:
Originally posted by Invalid Zero
Whatever came of that anyway?
I'm not too sure, I stopped paying attention:beer: |
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| ChromeDragon |
| I would go straight to the cops and report that the mechanic stole the car and totaled it. |
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| EK9Hatch |
Thats a shitty deal.
I have a story kinda like this....
When I had the Hatch custom painted a few years back, one of the body guys there swapped my plate with a plate from a stolen van.
When I was driving home from the shop, I had 2-3 cops following me and they finally surrounded my car and stopped me! They thought I stole the car lol
After they did some checking, they realized the stolen plate was registered to a mini van and not a Civic, but they had to take the plate non the less. Thankfully the cop allowed me to drive without a plate to the nearest MV Branch to get a new plate.
Jamie |
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| AudiInProgress |
quote:
Originally posted by EK9Hatch
Thats a shitty deal.
I have a story kinda like this....
When I had the Hatch custom painted a few years back, one of the body guys there swapped my plate with a plate from a stolen van.
When I was driving home from the shop, I had 2-3 cops following me and they finally surrounded my car and stopped me! They thought I stole the car lol
After they did some checking, they realized the stolen plate was registered to a mini van and not a Civic, but they had to take the plate non the less. Thankfully the cop allowed me to drive without a plate to the nearest MV Branch to get a new plate.
Jamie
Did you get compensation for having to buy a new plate? |
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