@%$^ WILLOWDALE SUBARU

[yellowmp5]

As all u knew that, i had my car fix a month ago rite,
guess wat?! today (rainy day) i drove by yonge st. northbound,
i suddently see some black thingee comin' towards me, so instantly, i dodged, however, wasn't good enuff, so that the black thingee hit the rear side door,....and u know wat it was a WHEEL!....then i parked my car at the yellow zone "between north south bound lane"...when i got off, i saw a Subaru Forester stopped on 3 wheels, and slanted to one side....so i ran to the driver and ask wat's goin' on..she said she j/ came out from Subaru (100m from where the accident occur) and had her tires change...so wat happened is...the mechanics didn't finish his job...
for now, the info i got is the other driver's info,
and the police badge number....and tel. of wilowdale subaru,
....do u think i can sue them? can someone guide me wat i should do? and shit, i am leavin' CDN in two days too...

[Terragen]

Well that definatly sounds like negligence on their part.

How that one could have slipped by is beyond me.

[YP5 Toronto]

oh...f@!#@!@#.....didn't you just get your car back!!!! Frick......... seriously I'm so sorry. How bad is the damage? I know you are frustrated, but again this might sound gay but: "at least you are not hurt".

Are you leaving Canada for good? or a vacation?

As long as you fill out the accident reporting form or did you do that with the cop? Make sure the paper work is done before you go. When you get back you can solve things.

If you need help on things when you are gone let me know I can try to help you out.

damn........

[Fhemto]

LOL....amusing story. Too bad you got shaft from it. I'm laughing at Subaru, and not your misfortune.

You could always threat to sue and see where it goes? How bad does your rear side door look?

[yellowmp5]

should i go straight to Willowdale subaru and get the manager out and make him pay or go thru this w/ a lawyer?

[Fhemto]

It's cases like these that made me stop taking law classes.

In your scenario, you are the 3rd party. What suppose to happen is the lady should ask compensation from Subaru. and you are to ask the lady for compensation. Even though the main fault is Subaru, you have no link with Subaru as they are not liable for your damage but the lady's.

Best thing to do is ask your insurance company, I'm sure they have a lot of these cases.

[yellowmp5]

So u say i cna't go up to them and sue them?
is it like "extorsion" for me to go up to them
and tell them to pay up?

[IceDragon]

</span><table border="0" align="center" width="95%" cellpadding="3" cellspacing="1"><tr><td>Quote (Fhemto @ Oct. 17 2002,12:31)</td></tr><tr><td id="QUOTE">...........Best thing to do is ask your insurance company, I'm sure they have a lot of these cases.[/QUOTE]<span id='postcolor'>
Great that makes me want to buy a Subaru.....EVER. Maybe this little story should make it's way to the Subaru club. Give them a bit of a warning b4 it happens to any of them.

[feedb4ck]

I'm with fhemto on this one...

Technically speaking... the dealer didn't do anything to you...

You go after the driver, and the driver goes after the dealer, to cover her costs, as well as what you cost her.

(but you could try going to the dealer with the other driver... so they know that they're not dealing with just one person.... (plus if you mention that you can influence a large number of people via the web, itd be in their best interest to keep you and the other driver happy.)

[Jika]

I agree. Both you and the other driver would be going after the same target for compensation (Subaru) so it's in both your best interests to work together. First I would, preferably with a lawyer but not necessarily necessary (what?), approach the dealership about repairing both vehicles. Do it nicely but firmly, don't make any threats of legal action until they give you their offer. If they refuse to repair the cars, you can try threatening to sue and maybe flash a copy of the police report. Subaru is trying to get more public recognition in Canada so any bad publicity for them may coax them into rethinking their position. If they STILL shaft you, your other options are to either go ahead and launch a lawsuit against them, which you will almost definately win in court by the sound of it, or proceed with your insurance claims. You claim on the Forester driver, Forester driver goes after dealership privately or claims on their own policy. I would suggest you sue if it came to that, as it may affect your insurance premiums if you claim.

One question: On the police report, what was the fault assignment (if any)?

[cruisinblackp5]

Firstly I have to say I feel for your bad luck my last car was the same everyone drove into it. Secondly since this was a third party incident you should have no problem with your rates. I say if you are on good terms with your insurance agent ask him/her if they can talk of the record with you. Most will as this doesn't really affect them. They should give you good advice. If they refuse then it may be in your best interest to speak with a consultant, who are usually after $ and not your best interest. Glad your ok though, good luck.

Alo these take time so if you're not leaving the great white north for too long just get the ball roling before you leave and all should be good when you get back.

[Protege5girl]

Heres the deal.  As long as you were not physically injured you personally can not file a civil suit  (well you can but you wouldn't win anything, anyone can sue for anything).  You have to make a claim with your insurance company who will go after the other drivers insurance company to pay for damage.  SInce this is not your fault your insurance rates will not go up.

In turn her insurance company will go after subaru.  And she could sue Subaru for distress etc..etc.. She should file a complaint against subaru as well.

You can also attempt to go speak with subaru directly and have them pay to fix your car and give you a loaner. (I would try this before dealing with the insurance company)

Sorry for the bad luck Siuming  http://msg.toprotege.com/iB_html/non-cgi/emoticons/sad.gif

[Protege5 Kid]

Wow that's a crazy story!

How long have you been driving your car since you got it back from the last accident?

[KingKong]

I feel sorry for you....Really Bad luck...

As for suing for Damages (Negligence)...You must file a Police Report Against the Lady in the Subaru...You cannot file against the Subaru dealership since they are not directly involved...The lady will then file against the Subaru Company...

It's kinda like Privity of Contract...

[SunBurst-P5]

Well isn't that just kicker in the netherlands! http://msg.toprotege.com/iB_html/non-cgi/emoticons/crazy.gif I feel for you and know how you feel. Sounds like everyone has given you very good advice on how to go about this whole thing.

Good luck and keep us posted...

[yellowmp5]

thx for the advices, i went to subaru, and they will pay for all my damages....however, they have found a blob of bad paint job on my &quot;smashed&quot; door, i went to avante and start complainin'.....
when i got my car after the accident
first: they didn't finish coated on my bumper
second: they mis match the 2 side moldin' on the driver side
third: they replace one only, and didn't replace the other
lastly: that blob of fat extra paint on my door!
wtf......%@#&amp;@%#&amp;$@#

[Protege5girl]

Suiming...I learnt my lesson with Avante. They did a shit job on my paint as well. They didn't clear coat, got paint on the moulding and the paint doesn't match perfectly. If you have a camera can you take a picture of this &quot;blob&quot;. I'd like to see if it looks the same as mine. (I'm wondering if my car came with the paint defect, or if it was damage during delivery...)

Glad to hear that subaru is taking care of the damages.

[yellowmp5]

Well, i went to Avante and i bitched at them...
i didn't want this to happen, i was really
soft in the beginnin'...but really fed up now...
i demand them to paint the whole car....
since they painted 1/3 of my car in different shade...
wat happened is they are negotiatin' w/ the insurance if
they allow a new paint job on the whole car.....
cuz honestly, if they dun satisfy me, i'm headin' up
to Mazda Canada....in Scarborugh and start the complainin'

[Terragen]

Is Avante horrible for paint? My friend bought a new P5 a couple months ago and a few days later he noticed something under the clearcoat. He took it back and made them fix it - but I thought it was rather odd for that to have happened.

[Protege5girl]

Siuming, they have asked me to speak directly with a Rep from Maz Can because I was VERY unhappy with the paint job. If you go to Maz Can lemme know...I'll come with you.
Avante is very friendly and nice, they get an A++ on that, but the service itself actually sucks. http://msg.toprotege.com/iB_html/non-cgi/emoticons/bs.gif

After my wheels were stolen and i brought the car to them to inspect for damages they told me there wasn't any (besides something bent under the car that they straightened). I looked under the skirts and they were completed scratched from the jacks.....ughhh makes me so angry. I thought that maybe they just slipped with me....

[yellowmp5]

sondra, i'm sorry to hear that,
but sigh, they r great peeps to talk to,
but honestly, i will not tolerate nethin' that
will wound my baby...they told me that it is not nescessary
to do my alignment even though the flyin'
wheel hit my wheel...but the guy in subaru said maybe nothin' happens now, but somethin' might come up bad
in the future, and they are already promised me
to pay all the damage,.....newayz..
i'm bringin' it to Scarborough Mazda to do the alignment...