The ugly tale of my toasted clutch (long - get a beverage)
11-20-2008, 08:50 AM
#21
Banned
With a good lawyer you should be able to win the case.
Not sure how much time effort and money it will eventually cost you. But if it happened to me, I would want restitution
11-20-2008, 08:58 AM
#22
Real Advice
The reality is that you have two problems: your claim is not attractive to a lawyer because it's such a small amount, and the legal system protects companies like the valet company.
It will end up costing more than your damage to have a lawyer investigate the claim and get a settlement. Also, most lawyers don't want to become involved in a matter that takes an hour or two--it's not worth their time. Personally (I've been a lawyer for over 20 years) I don't want to take on something new unless it involves mid to high six figures.
The system protects companies like this because the law doesn't allow you to recover your attorney's fees. Companies like this know they can cause thousands of dollars in damage and consumers can't do anything about it because the law doesn't permit the consumer to recover his attorney's fees.
What's the answer? I'd say file a complaint in small claims court. Go the web site of your local court and get the information about filing a claim in small claims court. Most small claims courts have a jurisdictional maximum amount you can recover--but that can be as high as $5,000 in your state. In most states, the company is not allowed to hire a lawyer, so it is you against them. In this kind of case, you'll probably get some sympathy from the small claims judge and get several thousand dollars out of the valet company. Also, the valet company's insurer may settle if you force the valet company into small claims court.
I hope this is helpful.
It will end up costing more than your damage to have a lawyer investigate the claim and get a settlement. Also, most lawyers don't want to become involved in a matter that takes an hour or two--it's not worth their time. Personally (I've been a lawyer for over 20 years) I don't want to take on something new unless it involves mid to high six figures.
The system protects companies like this because the law doesn't allow you to recover your attorney's fees. Companies like this know they can cause thousands of dollars in damage and consumers can't do anything about it because the law doesn't permit the consumer to recover his attorney's fees.
What's the answer? I'd say file a complaint in small claims court. Go the web site of your local court and get the information about filing a claim in small claims court. Most small claims courts have a jurisdictional maximum amount you can recover--but that can be as high as $5,000 in your state. In most states, the company is not allowed to hire a lawyer, so it is you against them. In this kind of case, you'll probably get some sympathy from the small claims judge and get several thousand dollars out of the valet company. Also, the valet company's insurer may settle if you force the valet company into small claims court.
I hope this is helpful.
11-20-2008, 09:27 AM
#23
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That doesn't help. I have a friend like that too...
and of course it comes with stories of drifts, burnouts, and other hooliganisms that any 18 year old would do when given the keys to a nice car.
11-20-2008, 09:40 AM
#24
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hear, hear No Valets nor GF's drive the S!!!
To no fault of her own, my GF was driving my S4 to the store, parks about 6 spots from any other car. Some dumb *** teen girl with a learner's permit decides to 'try' to park next to my car and nails the rear bumper, causing some scrapes. The car had been pristine up to that point....Fvck!!!!
11-20-2008, 09:43 AM
#25
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Minor nit
The company isn't precluded from hiring a lawyer, rather they are precluded from having a lawyer represent them. Oftentimes there is a lawyer behind the scenes instructing the company employee on what to do.
Other than that, I would agree with the rest. Go to small claims and do your best. While your claim appears viable, most attorneys won't touch this due to the (relative) insignificant level of damages.
Other than that, I would agree with the rest. Go to small claims and do your best. While your claim appears viable, most attorneys won't touch this due to the (relative) insignificant level of damages.
11-20-2008, 09:47 AM
#26
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Agree you need legal counsel, but you can probably handle this in small claims court.
At least in my jurisdiction, attorneys cannot appear with you in small claims. But depending on your level of comfort with the legal process, an hour or two with a lawyer to help you prepare will probably be money well spent.
I'm sorry to hear what happened. Stories like this make me think twice every time I hand the keys off to a valet.
I'm sorry to hear what happened. Stories like this make me think twice every time I hand the keys off to a valet.
11-20-2008, 01:21 PM
#30
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I am a lawyer and I got bad news. . .
There ain't much to be done here. Sue in small claims court? You will have a tough time sustaining your burden of proof. Save your $$ on the legal consult and use it to help pay the repair bill.
FYI, my clutch went at 31k. Granted, I was at the track when it happened, but then again this is not exactly unprecedented with these cars.
Obviously heat will make the clutch disc wear faster, but it generally isn't going to happen based upon one third gear start,even if that's the theory of what happened.
On the other hand, if you envision the valet guys having a Ferris Bueller-style party in your car, well, let's just say it is probably bad for your psyche to think like that, cuz it would be impossible to prove without video.
In some ways it may be easier to sleep at night if you just accept that the clutch was probably very close to wearing out, the valet guys just happened to be in the driver's seat when it went. Imagine a thin sliver of material, just a couple of starts away from being toast. If it didn't happen there it was going to happen somewhere else soon.
FYI, my clutch went at 31k. Granted, I was at the track when it happened, but then again this is not exactly unprecedented with these cars.
Obviously heat will make the clutch disc wear faster, but it generally isn't going to happen based upon one third gear start,even if that's the theory of what happened.
On the other hand, if you envision the valet guys having a Ferris Bueller-style party in your car, well, let's just say it is probably bad for your psyche to think like that, cuz it would be impossible to prove without video.
In some ways it may be easier to sleep at night if you just accept that the clutch was probably very close to wearing out, the valet guys just happened to be in the driver's seat when it went. Imagine a thin sliver of material, just a couple of starts away from being toast. If it didn't happen there it was going to happen somewhere else soon.