View Full Version : Paint Dude or any Lawyers out there??
colorado2002
12-04-2002, 19:22
After reading my post on Built Like A Rock, can I be forced to accept my truck after repairs? If so, are there any certifications that it will have the same payload and performance capacities it had prior to the accident? Can frames be straightened and still be as strong as the design specs from GM?
I now have the truck at a GMC dealer's collision center. Is this the best place for repairs since I will insist on nothing but GM parts?
Any pointers will be appreciated.
Thanks.
a5150nut
12-04-2002, 19:44
colorado2002
My 94 got hit several years ago. It drove me 70 ft sideways. I was doing 4mph and the 76 buick wagon that rear ended me was eastimated at 65mph. Anyway, like you I thought "take it to the dealer and it will be done right".
I don't think so!!! They steightend the frame, replaced the rear end (bent), rear spring, tail gate. right bed side & right 1/4 panel on cab.
They forgot to put in the sound proofing in 1/4 panel, used undercoat instead of rino liner, switched my single window slider for a two piece that was a piece. One rim was damaged, replaced with different brand but the right hub cover. Right rear wing window, hadware was in back seat I had to instal. And on and on......
The sevice managers wife works in accounting where I work. He told me don,t worry I'll take care of you.
They were way over eastemated cost so had to cut corners for the insurance company.
I prefer to do my own work so I know its done right!!!!
Hope you fare better than I did........
colorado2002
12-04-2002, 19:56
a5150nut, do you have any recourse to get the vehicle back to the original condition and performance?
Thanks.
Paintdude
12-04-2002, 20:20
You need to demand a new frame because of how your truck was hit.(from the photos I have seen).IMO..What you might do is opt for a trade..Talk to the sales guy and see what they can do on a trade..your truck plus the insurance check..this is just an option to have a new truck and no downtime..You have to consider what a bad repair will cost you in the long run..This accident is gonna cost you some money no matter what you do or think..
Your truck is gonna be down for awhile..They (shop)do not want to put a frame under it because it is a bitch to do..It is, but that is what a new truck like that should have..The rolled in frame has lost alot of strength(from the pics I have seen) IMO..If the truck was 5 yrs old I would say dont worry about it, but it isnt..
On a side note,You have to consider what they have to do to change out the frame, this will help you understand why the shop might be wanting to repair the frame..It will be a real big job..
Plus a frame might just total the truck..It sounds like the insurance company is trying to screw you...You see, it is your insurance, paying to fix your truck, they have no recorse to get the money back,except raise your rates..That is why they want to fix and repair as much as possable..It can be a real battle..The Dept of Insurance can be a helpful resource..
If they repair the truck and frame make them put it in writing that they will allow full high retail value for that truck when you trade it..Carfax will have the info after it is repaired..
you might get further talking to the sales dept then the body shop..
Sure hope things get worked out for ya..Big wrecks and big valued vehicles are always a bad situation...
Pateince is golden also..They want to settle with you quickly..Take a thinking mans pause if need be..Good Luck.....
The general theory of negligence liability laws is to compensate you for your loss and make you whole again. The particulars vary form state to state. Insurance is just an agreement to pay for that compensation. It usually doesn't limit your legal rights against the one causing your damage. But, the limits of liability assumed by the insurance company can be problematic if it is the only source of funds to pay the damages. Whether the repair work done to your truck restores it to its pre-accident condition is a question of fact that could be placed before a jury, but at considerable cost. Sticking to your guns and insisting the truck be returned to a condition comparable to what it was before the accident is reasonable and completely within your rights as the injured party.
But, if you were at fault the compensation paid by your insuranance company is entirely a matter of contract and the question becomes one of whether satisfactory repairs can be made within the limits of your policy.
TC
3176CATPOWER
12-05-2002, 12:10
Paintdude gave a option that is certainly worth looking into.Back in 97 my truck got broadsided in front wheel drivers side,bent frame and so on.Was working on a trade at the time and had the dealerships wrecker move truck from accident scene to their storage area.A local bodyshop came out and gave an estimate.Dealer was willing to give me what he was on truck before accident as long as the truck was being fixed.I was offered the trade on the spot without having to wait for the truck to be fixed.As it turned out I actually did not trade at that time but 4 months later I did trade at the same dealership and they still allowed me the same amount on my truck.Check it out,might surprise you!
FYI back in 97 John hit a retaining wall with our 'vette, bounced off, across the street and hit the guard rails- in the end all 4 corners of the car were hit.
Insurance apprasier came and did the estimate- the insurance company decided to fix it- $13,500 to fix...brought it to our body shop, guy got into it, ended up finding a lot more that needed to be replaced, low tire pressure system on all 4 rims- all 4 rims 4 tires etc.... ended up costing the insurance company 18,500 when he was done, that was the total the day I picked it up. After driving it home, I noticed that it just didn't handle the same, called the body guy- he called a GM dealer he works with, brought the car up- ended up having to do another 3500 in repairs to the suspension system etc.. brought the total up over 21K.
I asked the body guy at about 16K what was going to happen- whose going to pay for this, since the insurance company had sent us the original check, the car had no leins against it etc.. body guy said he would deal with the insurance company, and he did, he was paid within 48 hours of faxing invoices etc... never waited nothing. 3 days after the car came back from GM dealer, insurance company (not my agent) called to inquire if we were happy with the repairs etc... long story short, it's all in who you deal with.
In the end we were not happy- there was a squeek in the dash after the accident, that no matter what they did, it would not go away- we ended up trading the car in for our suburban- got 18500 for the car...only paid 16500 for it..and had it for 4 years yeeeehhaaa!
good luck-
oh- by the way- mine goes in Monday for my hood paint.
Brandy
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