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Car Broken Into @shop (PICS)

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Old 06-02-2003, 09:29 PM
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Car Broken Into @shop (PICS)

This has been probably one of the worst days! I took my car to Pro-Bilt transmissions to get a clutch installed. I left it there Sunday night so they could work on the car cold early monday morning. Well, i got a call from them today telling me that the got broken into. Wow, i waz ****ed. Cops came and its gonna cost about $2600+ to fix. So after all the $hit cleared i tell the guy at the shop to just go ahead and install the clutch. Well, about 3 hours later I get another call from him telling me that he cant find my replacement clutch (which i left behind the drivers seat). I couldnt Fuking believe it but they stole the damn clutch too.

So if any of you guys hear of someone trying to dump an Exedy Stage 1 clutch kit, shoot me an E-mail ASAP! I want blood!

Check out webpage for PICS

http://members.cardomain.com/perfectmax
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Old 06-02-2003, 09:37 PM
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sorry to hear that !!!

but You said it right - blood will need to be drawn
but , don't let this put you down ,
things will always get better t-morrow, plus stress is bad

I will be on the look out on E-bay

Nick
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Old 06-02-2003, 09:42 PM
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If it was my Maxima, I would feel the same way
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Old 06-02-2003, 09:49 PM
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so the shop wont take any liability? or it doesnt work that way?
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Old 06-02-2003, 09:52 PM
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WTF is goin on with all these max gettin hit and jacked?
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Old 06-02-2003, 09:56 PM
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I would never leave my car at shop for over night...too dangerous these days...I'm the guy who sold the clutch kit to PerfectMax... Can't believe this happened. I'm suspecting shop guys....can't trust anybody these days...
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Old 06-02-2003, 10:32 PM
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Sorry to hear about your car man. I hope that everything turns out for the best.
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Old 06-02-2003, 11:36 PM
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dam that sucks man, holy sh*t i would be pi$$ed to h*ll. I would tell the shops to pay for it, wtf, they have hold of it, they should take full responsibility of whatever happens to the dam car as long as you are having something done to it and u r paying for the install. How gay is that man!!!
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Old 06-03-2003, 12:54 AM
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Originally posted by meccanoble
dam that sucks man, holy sh*t i would be pi$$ed to h*ll. I would tell the shops to pay for it, wtf, they have hold of it, they should take full responsibility of whatever happens to the dam car as long as you are having something done to it and u r paying for the install. How gay is that man!!!
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Old 06-03-2003, 03:40 AM
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people actually steal maximas? lol why would they its a family sedan and its heavy
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Old 06-03-2003, 04:27 AM
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Re: Car Broken Into @shop (PICS)

Originally posted by perfectmax
This has been probably one of the worst days! I took my car to Pro-Bilt transmissions to get a clutch installed. I left it there Sunday night so they could work on the car cold early monday morning. Well, i got a call from them today telling me that the got broken into. Wow, i waz ****ed. Cops came and its gonna cost about $2600+ to fix. So after all the $hit cleared i tell the guy at the shop to just go ahead and install the clutch. Well, about 3 hours later I get another call from him telling me that he cant find my replacement clutch (which i left behind the drivers seat). I couldnt Fuking believe it but they stole the damn clutch too.

So if any of you guys hear of someone trying to dump an Exedy Stage 1 clutch kit, shoot me an E-mail ASAP! I want blood!

Check out webpage for PICS

http://members.cardomain.com/perfectmax
Dood the Shop scamed you, You know how many shops do that to people in chicago, They tell one of there guys to come and jack the stuff, Thats why I never leave my car with a shop, My freinds entire sound system got stolen once, They arent gonna claim responsibility on crap either,
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Old 06-03-2003, 05:00 AM
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the shop is paying for all damages correct?
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Old 06-03-2003, 05:14 AM
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sorry about the car...but you gotta know who/who's shop your prized car is going to...My max just won't go anywhere...must know the shop owner and trust them!...that is key...good luck with getting the shop to pay for it...its called risk management...they are liable..unless there is a disclaimer absolving them from liability
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Old 06-03-2003, 05:16 AM
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Damn man, I to know what it feels like for a car to be damage by an @sshole... Im still on the hunt for the f@ggots that broke into my car! I just dare them to try again...
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Old 06-03-2003, 06:53 AM
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Sorry to hear the crazy news!! If your car was parked on Pro-Bilt's property, I'm 95% sure the responsiblity is theirs to cover the repair costs for the car. I would try to get a courtesy car from them too. I'm not as sure about replacement of your stolen property. They have insurance coverage so they're not going to be taking the full brunt of the costs anyway. Good luck bud!!
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Old 06-03-2003, 07:16 AM
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Sorry to hear the bad news about your ride.. I would look into the shop and keep my ears and eyes open!!!!!!
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Old 06-03-2003, 07:24 AM
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Yeah that sucks big time!
The shop does not have to pay for anything on this. They aren't liable for anything until they have the keys in their hand. Other wise its just like he parked his car in there lot for the night. Im glad my mechanic is a friend of the family. If he ever ****ed me over and anything like that happened my uncle tony would kill him.
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Old 06-03-2003, 07:38 AM
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The shop is still liable though. Just as if I were to injure myself while chatting on the org. There are always loop-holes
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Old 06-03-2003, 07:44 AM
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Damn man thats some bs there, Gotta be someone u know

And the shop is NOT liable. How can the shop be liable for a car parked on there property, I could see if it was inside or in a lock up behind the shop, but not just sitting there. Same thing with a car parked in a parking lot. If it gets busted you gonna sue the store? you could try... but no.

If the shop has a decent owner, maybe he can help you on the damages.
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Old 06-03-2003, 07:48 AM
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Originally posted by happyricefob
WTF is goin on with all these max gettin hit and jacked?
It happens every summer
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Old 06-03-2003, 07:54 AM
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Sorry about the max man but hopefully you find the fools that did that to your car but my guess is the shop is corrupt. Same thing happened to my uncle's 5th gen max. He gave them the keys, left it over night and the car got stripped. Lost his wheels, bose and some other stuff. Hope all goes well tho.
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Old 06-03-2003, 07:57 AM
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From past expierence the shop will not hold responsibility UNTIL the car is inside. My uncle got nothin from the shop. Good luck tho.
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Old 06-03-2003, 08:09 AM
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Originally posted by ILoveMyMax
Damn man thats some bs there, Gotta be someone u know

And the shop is NOT liable. How can the shop be liable for a car parked on there property, I could see if it was inside or in a lock up behind the shop, but not just sitting there. Same thing with a car parked in a parking lot. If it gets busted you gonna sue the store? you could try... but no.

If the shop has a decent owner, maybe he can help you on the damages.
The shop is liable STUPID if your the owner of some form of property you are always held liable to any occurances.
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Old 06-03-2003, 08:42 AM
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Originally posted by H.N.I.C.95

The shop is liable STUPID if your the owner of some form of property you are always held liable to any occurances.

Do you own property? Have you had this happen to you before? Don't go calling someone stupid about this thats just plain ignorant.

I'm sorry to hear what happend with the car. Don't go around saying that the shop is corrupt though. I wouldn't appreciate people saying that about my shop if something like this would happen. The liablity issue is a tough one. They will deny that it is there fault it was broken into. In all reality it is not their problem but if they are a good shop they will pay for it any way for good PR.
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Old 06-03-2003, 08:54 AM
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Originally posted by H.N.I.C.95

The shop is liable STUPID if your the owner of some form of property you are always held liable to any occurances.
Ahaha go take a law class fool, LOL go park a car on someones property ill come smash your window, then you go tell the owner to fix it and watch him laugh at you ahahahaha
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Old 06-03-2003, 08:55 AM
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The shop's liability, or "Duty of Care" is determined by who benefits from the maxima being on their property. Because it is a business deal that you both benefit from, they have an "Ordinary Duty of Care". This is the level of care that you would give to your own property that wasn't unusually valuable or prized.

If the car was parked in their lot, and locked, then their ordinary duty of care is fulfilled.

If they left it unlocked or parked some distance away from their property then it would be their problem.


From here on out the law treats this as if you'd parked the car there yourself. They have no additional liablity unless you can prove they caused the damage intentionally or negligently. You'll also find the paperwork they have you sign includes a release or waiver for damaged casued while the car is stored in their lot unless they do it intentionally or through negligence.
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Old 06-03-2003, 08:56 AM
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Originally posted by Scruit
The shop's liability, or "Duty of Care" is determined by who benefits from the maxima being on their property. Because it is a business deal that you both benefit from, they have an "Ordinary Duty of Care". This is the level of care that you would give to your own property that wasn't unusually valuable or prized.

If the car was parked in their lot, and locked, then their ordinary duty of care is fulfilled.

If they left it unlocked or parked some distance away from their property then it would be their problem.


From here on out the law treats this as if you'd parked the car there yourself. They have no additional liablity unless you can prove they caused the damage intentionally or negligently. You'll also find the paperwork they have you sign includes a release or waiver for damaged casued while the car is stored in their lot unless they do it intentionally or through negligence.
So well put, Right out of the book
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Old 06-03-2003, 09:26 AM
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I hate it when people try to screw others by taking advantage of loopholes in the law. I hope you will not do the same.

Sorry about your bad luck, perhaps the shop people will be really nice and give you a break on the labor charge? (free???)

Of course, you're still screwed on the loss. Hopefully, insurance (do you have renters insurance, will it cover something like this?) will help out.
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Old 06-03-2003, 09:31 AM
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they better cover it! was it the stock HU? you can obtain those cheap for like 30-40 bucks on ebay
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Old 06-03-2003, 09:36 AM
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i beleive since the car was in there possesion and they had to move it into the shop and then to park it overnight and they left it unprotected it is there fault. you were not the last one to park it. the shop was, if the shop were to place it in a well protected area then this would not have happened..... therefor it is their negligence of protecting your car

just my .02
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Old 06-03-2003, 09:52 AM
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$hit out of Luck!

Basically I'm screwed. My insurance company will not pay for my $200 radar detector but they will upgrade my Alpine. Thats about the only good news i have recieved in 24 hours.

Also, the shop owner feels extremely bad and i haven't bought up liability yet BECAUSE i want quality service. It would kill me to have a few bolts missing from the tranny when i get it back. AND... he hasn't brought it up.

The car was parked there Sunday night so that monday morning the car would be cold. It looked to be a nice area with a police station 3 buildings over. Guess that i was mistaken. I'm beginning to feel that this was a setup!!!!!

One other thing to put in the pot: The guy at Pro-Built feels that i need a new Tranny. I think/hope he is blowing smoke up my a$$. I am getting a slight clicking sound/whinning sound when driving in 1-2 gears but i think that it is my pressure plate on the bad clutch. WTF do i do???
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Old 06-03-2003, 09:58 AM
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If the shop owners didnt come forward and be like Damn Ill take care of the damage for you at cost or a reduced price, then hes not going to at all dont bother wasting your time and trying to get it from him. Just let them do the work you need done or get it the hell out of there and go somewhere else.
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Old 06-03-2003, 10:05 AM
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the shop is surely liable.
#1 The shop must park the car inside and lock all doors.
#2 If shop parks it outside, he must pay for the consequences!
#3 If it was like that, all shops would jack peoples stuff and then get away with it.
#4 Have cops invastigate into it more. no one suddenly comes after a maxima with sound system over night unless they were really like to pass by, have a look and then decide to jack ! You believe that someone grabs their tools and heads for the shop to bust the sound system on a maxima? i dont...........
 
Old 06-03-2003, 10:08 AM
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Originally posted by DoGGy
the shop is surely liable.
#1 The shop must park the car inside and lock all doors.
#2 If shop parks it outside, he must pay for the consequences!
#3 If it was like that, all shops would jack peoples stuff and then get away with it.
#4 Have cops invastigate into it more. no one suddenly comes after a maxima with sound system over night unless they were really like to pass by, have a look and then decide to jack ! You believe that someone grabs their tools and heads for the shop to bust the sound system on a maxima? i dont...........
they were really lucky to pass by****
 
Old 06-03-2003, 10:13 AM
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Ummm ... before calling out the shop as liable, can someone clarify whether the shop had the keys in their possesion in the first place?

First post implies that they might (or might not) have had it, since perfectmax had dropped it off on Sunday night (which shop has people there on a Sunday night?)
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Old 06-03-2003, 10:18 AM
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Originally posted by pocketrocket
Ummm ... before calling out the shop as liable, can someone clarify whether the shop had the keys in their possesion in the first place?

First post implies that they might (or might not) have had it, since perfectmax had dropped it off on Sunday night (which shop has people there on a Sunday night?)

He told me to leave the car there over night on Sunday. So, the keys were NOT in his possesion, BUT!!! if he told me to do this, i would think that he could be held liable?
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Old 06-03-2003, 10:23 AM
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NC maximas are getting beat up
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Old 06-03-2003, 10:55 AM
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The shop owner would only be liable if he was negligent. Negligence in this case would mean you would have to show that he knew the location was not safe when he advised you to store it there.

Maybe talk to the detective assigned to the case - is there a pattern of thefts from that lot? If so, have there been enough thefts that it would make a prudent vehicle owner choose to not park his car there?

If so, then there maybe a tiny foot in the door there.

The real question in ODoC is "Would the owner of the shop park his car in that location overnight?" If he would not "Because of the local crime rate" then he is liable for the expected consequences of advising you to park yours there. However, if the theft was no reasonably expected, then he is in the clear.

Before we all weigh in with 'legal' opinions, it's important to specify from what authority do you speak. Legal training? lawyer? Personal Experience? Know someone had this happen? "I gotta think it's...."

For me, I studied advanced Criminal law at university about 7 years ago. Became an IT guy instead, but the legal training is still there.
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Old 06-03-2003, 11:03 AM
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the fact that the guy told you to "drop it off", i think that he has some responsibility.
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Old 06-03-2003, 12:54 PM
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well im gonna go park my car at nissan and have someone steal it, then sue nissan for negligence.. come on.
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