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Zomby Woof
Zomby Woof PowerDork
2/11/15 6:31 p.m.

Morality (from the Latin moralitas "manner, character, proper behavior") is the differentiation of intentions, decisions, and actions between those that are good or right and those that are bad, evil or wrong.

So here's the story:

I went to a small specialty car dealer yesterday to look at a car for the second time. The first time it was being worked on and I didn't get a good a look. As I was walking in to the showroom, an industrial unit, I walked down a hallway that was essentially a large bookcase/shelving unit separating the offices from the showroom, I heard a motor rev, a crash, and then the wall and shelving unit came crashing down, pinning me to the office wall by my legs and feet.

As far as I know, one of the employees (her second day on the job) started a car in gear, let the clutch out, possibly hit the gas, went through a full dresser Harley, a wall, and the shelving unit.

I spent the day and most of the night in the hospital. The owner and his wife were very good, shuttling me to and from the hospital, and back home after. I am pretty banged up, but nothing broken, just bruised, swollen and sore, as far as I know.

I will miss work this week altogether, but should be able to work through it next week. The owner has said that he will do whatever it takes to make sure I am looked after, but he won't elaborate. I told him That I thought it was an honest mistake, and didn't think it would be right to sue for some ridiculous amount of money. Car dealers have enough insurance problems.

This has never happened to me before. What do I do?

Zomby Woof
Zomby Woof PowerDork
2/11/15 6:39 p.m.

Also of note, I went back today to get my truck, and had another look at the car. It's the best one I've looked at yet, and asked him if we could work something out. He said no deal. The car has nothing to do with what happened yesterday. We will treat each one separately.

PubBurgers
PubBurgers SuperDork
2/11/15 6:42 p.m.

If it were my business I'd cut a deal to save some face. They may be separate issues but it could turn into a lot of bad publicity really quick if you were of the mindset to make a stink.

PubBurgers
PubBurgers SuperDork
2/11/15 6:43 p.m.

And glad you're ok! It sounds like it would have been kinda terrifying.

singleslammer
singleslammer UltraDork
2/11/15 6:53 p.m.

I am with pubburgers. If something happens to someone at my shop, I would be making sure that whatever they wanted happened. It has nothing to do with the them being "separate" events and everything to do with making the situation right. You were at his shop, something bad happened and you got hurt (through no fault of your own) and he should be happy that you aren't taking him to court for an unsafe environment and cut you a deal on the car. Two things that I would do, regardless, is send him medical bills (I imagine that is already happening) and send him an invoice for your lost work.

bgkast
bgkast GRM+ Memberand UltraDork
2/11/15 7:01 p.m.
Zomby Woof wrote: Also of note, I went back today to get my truck, and had another look at the car. It's the best one I've looked at yet, and asked him if we could work something out. He said no deal. The car has nothing to do with what happened yesterday. We will treat each one separately.

Everything sounded like it was going as well as possible until I read this. His comment seems odd and would annoy me.

patgizz
patgizz GRM+ Memberand PowerDork
2/11/15 7:06 p.m.

Lawyer up, he burned the bridge by not dealing on the car

ronholm
ronholm Dork
2/11/15 7:13 p.m.

I would think he could give you a decent deal on the car... But if he is paying insurance to protect his company against this kind of thing, it doesn't serve him well to pay anything more than whatever he has as a deductible on the claim.

One would hope he would treat you right, but that really only goes so far.

If your medical bills and time off work are going to result in a claim anyway, he has no reason to give you the farm.

I would think it would be cheaper to avoid the claim though... But that is tough.. He could really set you up nice in that car for nearly nothing.. and then still have you come after him.

You shouldn't have to sue him to be fairly compensated for your injuries..

Zomby Woof
Zomby Woof PowerDork
2/11/15 7:16 p.m.

The Corvette is truly mint. A Volvo did the damage. He's already said full price on the car, no negotiation. At all.

BTW, I'm in Canada. There are no medical bills. I'm thinking about lost wages, and loss of use (?). I'll be basically sitting on my ass for a few weeks, then working through the pain, probably for months. I'm 53. These things don't heal overnight anymore.

Zomby Woof
Zomby Woof PowerDork
2/11/15 7:26 p.m.

Why?

Giant Purple Snorklewacker
Giant Purple Snorklewacker MegaDork
2/11/15 7:58 p.m.
The owner has said that he will do whatever it takes to make sure I am looked after, but he won't elaborate.

Everything except break even on a sale?
Bruises from an accident are no less painful for having been an accident. He owes you a solid for not being a cock about it. What is a week's worth of work and bunch of pain worth? Dunno. Probably a week's pay. But I know you are doing him a solid by not bringing in insurance or attorneys. Remind him he could pay higher premiums and an attorney's hourly rate on top of it or just make you whole in something that doesn't really cost him out of pocket. I don't think I'd actually sue him - but if he isn't willing to offer something tangible on his own I'd make him sweat a little. Just to keep the universe in alignment.

HiTempguy
HiTempguy UberDork
2/11/15 8:02 p.m.
Zomby Woof wrote: I'm thinking about lost wages, and loss of use (?)

You don't have benefits and sick days?? Woza!

Slippery
Slippery GRM+ Memberand Dork
2/11/15 8:03 p.m.

I agree with Datsun, these are two separate things.

Make him an offer you think is fair for the car, and see if he accepts it. That's that deal.

Afterwards or before tell him what you think you are owed for missing a work week and whatever else you think you are owed due to the accident.

Your numbers for the two above might not agree with what his numbers are .... That's when you choose to offer more money for the car (if you think it's worth it) and you might need to get a lawyer if you can't come to terms with the accident part.

Zomby Woof
Zomby Woof PowerDork
2/11/15 8:23 p.m.

He has already said he will accept no offers on the car.

You don't have benefits and sick days?? Woza!

Those are for my use, not his.

Streetwiseguy
Streetwiseguy PowerDork
2/11/15 8:50 p.m.

He has insurance. If you feel you are owed for the damages suffered, make him use it. If you are trying to use it as a bargaining chip on a car sale, it could easily be interpreted that you are just trying to use an accident to gouge him. On the other hand, dealing with an insurance company is enough to make my bunghole pucker up tighter than a (Insert some tight thing here).

Somebody is going to be unhappy over this whole situation. Might as well make it him, then find another plastic Chev somewhere else.

Zomby Woof
Zomby Woof PowerDork
2/11/15 8:58 p.m.

I was trying to be fair and offer him a solution that works for both of us. There's no question I'm owed for damages, wages, etc. and what I had in mind was probably a quarter of what a lawyer will ask for, and he told me he would prefer not to go through the insurance.

jmthunderbirdturbo
jmthunderbirdturbo HalfDork
2/11/15 9:03 p.m.

used car dealer = sleazebag by default = lawyer up and go from there.

it might be a nice vette. but there's more out there and hes a dick. if it really IS that nice, have a third party negotiate its purchase for you, so the douche nozzle doesn't know its going to you.

and then sue him again, cause hes a still a dick.

-J0N

jstand
jstand Reader
2/11/15 9:07 p.m.

I'd say deal with the insurance.

The longer you delay in making the formal report, the easier it will be for the insurance to deny any claims.

It's only been a few days, you were in the hospital, are missing work, and it was due to an accident which he has insurance to protect him.

By filing the claim you are protecting yourself and your family in the event there are any longer term effects (or damage) that haven't shown up or are hidden by the current pain and swelling.

If he is honest about the car and the accident being separate then this shouldn't affect the deal.

moparman76_69
moparman76_69 SuperDork
2/11/15 9:08 p.m.

I can totally see how it might be a good idea to keep the two separate. Unless you sign an agreement that whatever deal on the car is sufficient to make restitution for the accident.

In that case, let him (actually his insurance) write you a fat check then either buy the car with the money or take your business elsewhere.

patgizz
patgizz GRM+ Memberand PowerDork
2/11/15 9:49 p.m.
Datsun1500 wrote:
patgizz wrote: Lawyer up, he burned the bridge by not dealing on the car
Wow, really? No give him a chance first? I'd want my dr bills paid and lost income from missing work, but that's it. I can see him wanting to settle that first, then discuss the car, it's less moving parts, less confusing. Why do you want a wrecked corvette anyway?

he was given a chance, proven himself to be a dick, and his insurance needs to pay for the loss of wages and pain incurred due to the incompetence of his employee. if he carries no business insurance he needs to pay up. a personal injury attorney needs to deal with it.

ronholm
ronholm Dork
2/11/15 9:59 p.m.

What the hell did this guy do that makes him "a dick"?

Sounds like he is dealing with one employee who is a moron... Who will probably also sue, claiming she was improperly trained, and no doubt have some kind of workers comp claim.

The building is all jacked up... and now it feels like you think the customer is owed a free vette.

No damn wonder insurance is so expensive and ambulance chasers make so much.. Listen to ya'll, good grief. This is why the economy is in the E36 M3ter.

Just file the claim... It shouldn't be a big deal. Buy the vette if you want it.. Nothing about this should be hard.

E36 M3 happens..

Schmidlap
Schmidlap HalfDork
2/11/15 10:01 p.m.
Zomby Woof wrote: BTW, I'm in Canada. There are no medical bills. I'm thinking about lost wages, and loss of use (?). I'll be basically sitting on my ass for a few weeks, then working through the pain, probably for months. I'm 53. These things don't heal overnight anymore.

I'm not sure which province you live in, but in Ontario there are still medical bills even if your doctor visits are covered. You've got to pay for prescriptions for pain medication, if you need physical therapy you're on the hook for that, if you need knee surgery and end up needing a knee brace you need to buy it. Unless you have supplemental insurance, of course, then some of that is covered.

This guy is running a business and has insurance to pay for this kind of thing. Since he (his worker) caused your injuries he should do everything he can to make things right. Forget about the car, go for the money and find another car. There will always be another car, but you only get one body.

JFX001
JFX001 UberDork
2/11/15 10:06 p.m.

Get better first.

My first thought is to document the hell out of everything that happened. Time, money etc. Cover your ass.

Personally, I don't think that he has to offer you a deal on the car, but he should merely as a goodwill gesture. It's one car and a repeat customer.

Zomby Woof
Zomby Woof PowerDork
2/11/15 10:54 p.m.
Datsun1500 wrote: He wants to keep 2 things that have nothing to do with each other separate and that makes him a dick? I love the "big fat check" comments. How much do you guys think he owes? Put it through insurance. They will pay lost wages, and a small amount for pain. That's all they are obligated to pay. There's no big payday here. It was an accident, I'm glad this thread is full of people that have never made a mistake.

They are not unrelated. I was there for only one reason. To see that car with the intention of buying it.

I'm not looking for a payday. Quite the opposite. I think I'm being probably too fair in light of the obvious incompetence ( owners wife told me employee couldn't drive a manual) and walls were not exactly built properly.

I offered the guy a cheap and easy way out and he Wasn't interested. His call, I guess. I could be wrong, but the loss you would take on a sale discount would probably be half or less than what you would take on a payout, no?

Travis_K
Travis_K UberDork
2/11/15 11:04 p.m.

Don't buy that car. Anyone who lists a car for a firm price is not someone you want to deal with. Also, although I wouldn't ask for more than is reasonable, I also wouldn't try to do him any favors as far as fair compensation for the accident either.

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