6th Generation Maxima (2004-2008) Discussion of the 6th generation Maxima. Come see what others are saying.

OWNED BY A CURB!!! Pics included.

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Old Apr 8, 2009 | 08:11 AM
  #41  
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Originally Posted by kamski
This was my letter i sent today. They called me back in under three minutes, asking if I can fax them or scan and email the quote. I hope this is a positive thing....... :-S
they probably got a little scared as soon as they read "subpoena", hopefully this is heading in the right direction, good luck
Old Apr 8, 2009 | 08:57 AM
  #42  
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ouch!
what's the max you can demand in a small claim's court in canada.. 3 -4 K? That's your best bet if you wanna fight the case in court if required. Hopefully the property owner values his time and pays for your loss..
Old Apr 8, 2009 | 04:51 PM
  #43  
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Yeah total in small claims here is $3k so I would be happy getting that and fixing my car. At the end of the day this is all I want, just for my car to go back on the road.

Kamski
Old Apr 9, 2009 | 09:10 AM
  #44  
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Damn sorry to hear about your accident...looks like the parking lot of AMC Whitby 24...ironically I've been there a few times...now Im going to keep my eye out for stray curbs
Old Apr 9, 2009 | 11:27 AM
  #45  
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They decided to cover the damage to my car......I think.

IN CONSIDERATION of the payment or of the promise to pay Two Thousand Nine Hundred Eighty-Five Dollars and Forty-One Cents $2,985.41 for costs, I, Kamil Kluczewski, hereby release and forever discharge Whitby Entertainment Holdings Inc. and PenEquity Realty Corporation from any and all actions, causes of action, claims and demands, for damages, loss or injury, however arising which heretofore may have been or may hereafter be sustained in consequence of vehicle driving over curb, including all damage, loss and injury not now known or anticipated by me which may arise in the future and all effects and consequences thereof.

AND FOR THE SAID CONSIDERATION I, Kamil Kluczewski, further agree not to make any claim or take any proceedings against any other person or corporation who might claim contribution or indemnity under the provisions of the Negligence Act and the Amendments thereto from the person, persons or corporation discharged by this release.

IT IS UNDERSTOOD AND AGREED that the said payment or promise of payment is deemed to be no admission whatsoever of liability on the part of the said discharge Whitby Entertainment Holdings Inc. and/or PenEquity Realty Corporation.
Then there is some date stamps and blah blah blah........ place for signature blah blah blah...... can any one decipher this especially the blue part?

Thanks,
Kamski
Old Apr 9, 2009 | 11:54 AM
  #46  
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The blue part means that yes they are paying you, but they are not admitting fault, and by the submission of their payment, it is not to be assumed that they are admitting fault.
Old Apr 9, 2009 | 12:44 PM
  #47  
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Originally Posted by Max0224
The blue part means that yes they are paying you, but they are not admitting fault, and by the submission of their payment, it is not to be assumed that they are admitting fault.
...and by signing you agree to that, and can't hit them with a lawsuit down the road. Cause they have it in writing.

Make sure you have all the damage figured out, cause anything that may creep up a month..or even the day after you sign that, is your problem.
Old Apr 9, 2009 | 04:52 PM
  #48  
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that being said, i wouldn't sign that until you have the cash, draft, or money order in hand.
Old Apr 9, 2009 | 06:36 PM
  #49  
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Originally Posted by Fiddy Yen
that being said, i wouldn't sign that until you have the cash, draft, or money order in hand.
Exactly.
Old Apr 9, 2009 | 06:41 PM
  #50  
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but they're not gonna give you the cash until you sign...
Old Apr 9, 2009 | 06:52 PM
  #51  
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Originally Posted by choiiiiiiiiiii
but they're not gonna give you the cash until you sign...
Exactly... as crazy as it sounds you will have to sign FIRST, no way around it
Old Apr 9, 2009 | 07:40 PM
  #52  
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OK that all out SUCKS!!!
Old Apr 9, 2009 | 07:56 PM
  #53  
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yeah man this is real messed up.
Old Apr 10, 2009 | 11:37 AM
  #54  
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Jakis kurwa mongol to zostawil na drodze. Przejebane!


Kam, sign it at the time you pick up the payment. How about requesting the payment in certified funds ONLY.
Old Apr 10, 2009 | 12:22 PM
  #55  
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i would somehow note that if something comes up during repair that they need to pay for it i know as far as body work goes ins adjusters dont catch everything and ya dont sign untill payment clear or in certified funds
Old Apr 10, 2009 | 03:59 PM
  #56  
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It's clear what damage is done, nothing under your car looks like a surprise is gonna happen.

Go in person and get the check, when it clears and you have the cash, the agreement is final.

Ask for some free movie tickets, tell them your entire night was destroyed
Old Apr 12, 2009 | 01:32 PM
  #57  
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dang bro that sucks, I hope it works out for you man. Maybe in the end you'll come out better than before. Make them pay for some more performance parts!!!! : )
Old Apr 12, 2009 | 10:35 PM
  #58  
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wow, that really sucks
Old Apr 12, 2009 | 11:29 PM
  #59  
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Ah so sorry to hear about your car, you should sue those INFIDELS for all they are worth! And you could have moved the curb to prevent another disaster haha, it takes only two people to carry one away and one to move it one side at a time

Hope things go well, and you get millions of dollars
Old Apr 12, 2009 | 11:46 PM
  #60  
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Originally Posted by Leo_Koneval
Ah so sorry to hear about your car, you should sue those INFIDELS for all they are worth! And you could have moved the curb to prevent another disaster haha, it takes only two people to carry one away and one to move it one side at a time

Hope things go well, and you get millions of dollars
my car couldn't move that curb. I highly doubt I could.
Old Apr 13, 2009 | 12:36 AM
  #61  
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Is it still out there?

you should point out to them that it took them several days to do anything about the curb.
Old Apr 14, 2009 | 07:42 PM
  #62  
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DAMN..!!..
Old Apr 15, 2009 | 02:41 AM
  #63  
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Originally Posted by DrunkieTheBear
Is it still out there?

you should point out to them that it took them several days to do anything about the curb.
No the collision happened on the 3rd, they moved the curb with tractor of some sorts on the 6th.

I'm still waiting to get the Maxima fixed.

Kamski
Old Apr 17, 2009 | 08:04 AM
  #64  
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so kam, did they ever proceed with giving you a check?
Old Apr 17, 2009 | 11:27 AM
  #65  
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One thing I learned from being in a crash and fixing my vehicle that it is better to use insurance (the propety managemnt company) because then if anything else happens to be wrong because of this accident it is usually cover (that is the case in Florida). So bimbo college girl rear ended me and then wanted to settle out of court. I told her I wanted insurance to be involved and truth be told her impact had damaged some of the back-up sensors (that was two months later) and I just called up the insurance company and since most companies guarantee the work that thei shops do for ~ 1 year they fixed it with new OEM parts.
Old Apr 17, 2009 | 02:56 PM
  #66  
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Originally Posted by xoomer.com
so kam, did they ever proceed with giving you a check?
Still waiting................
Old Apr 17, 2009 | 03:26 PM
  #67  
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Originally Posted by kamski
Still waiting................
The fact they were willing to send you a check to cover the damage probably means that they knew you could get more than that if you took it to court..
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