QuestionHi,
Triple A towed my 1970 VW Beetle in gear and destroyed my engine, transmission, rear tires, etc. The AAA guy who keeps saying he's on my side seems to be working very hard to get me to accept minimal compensation for the repairs, saying the tow company won't pay any more. I just want a fair deal, I realize that "betterment" comes into play, but I'm not sure what's fair.
Can you offer an opinion on the following?:
Before it was damaged by the bad tow in March 2006, my VW had a hand-built quality stock engine (not a "crate" engine) with receipts from my mechanic showing the engine had ~40K miles on it. I provided receipts showing my recent repairs/replacements to several of the damaged parts, all more recently than the 40K miles on the engine overall. The repairs cost $3071.66 labor & parts by my VW mechanic for same quality engine, tranny, tires etc. as the ruined ones plus $872.45 for the car rental (gotten thru AAA at their special rate)for a total of $3944.11 cost to me. It took 5 weeks to complete as my mechanic already had several other customers ahead of me in his shop.
After arguing back with them off on on, the AAA guy offered the following in an email: 89.90 for tires, 1181.00 for engine parts, 1040.00 labor & 91.24 tax, 404.85 for rental, for a total of $2806.99. They offered a reduced amount and reduced taxes (due to betterment) for the tires and parts, all the labor, and only half the car rental even though I informed them of the mechanic's schedule in advance and they did not protest up front, only after receiving the receipts for reimbursement.
Is this the best I can do in this situation, or should I demand more, and where? It's 1137.12 less than I had to spend to fix their screw-up. It's pretty aggravating.
Thanks for any help you can give!
Sincerely,
Linda M. King
Answer
Dear Linda,
I like your side of this deal. If he consented to liability and did not offer his own repair alternative, then he has to show that your repairs were not commercially reasonable.
He does not get to bully you by playing the "no negotiations" game.
At this point, he is trying to intimidate you by using the "final offer" ruse as a weapon.
Why bother to go another correspondence or phone call round with him? Just pull out a bigger weapon. Remember Paul Hogan and Linda K in Cocodile Dundee (1986)?
"Sue: Mick, give him your wallet.
Mick: What for?
Sue: He's got a knife.
Mick (brandishing his own weapon): That's not a knife. THIS is a knife."
So, what is your bigger weapon? Just go down to the local district court where they have your SMALL CLAIMS court. Get the form, fill it out, DO NOT PAY THEM OR FILE IT JUST YET.
Get your repair shop owner to give you some explanation of the charges, put those down for him in the form of a report. You will send that along with what we call and "advance copy" of the small claims lawsuit.
Take the small claims lawsuit form and make a copy and send it to him with a note to pay up or you are going to file this within five days.
If he does not come within a reasonable distance of your demand, go ahead and pay the $50 to get it filed and served.
Since no attorneys are supposed to be allowed in small claims court, you need to oppose AAA if they try to send in an attorney. You have the moral authority with you.
Best Wishes,
Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com
