RotaMotion

Help
If anyone could help with the following, I would be very grateful:
· Good body shop in the SF East Bay. My dead 8 is currently in Dublin.
· Does anyone even know how to fix an 8 properly as they are so new?
· What should I insist on from the body shop? Frame equipment, certifications, type of parts used, warranty, etc.
· Advice for dealing with AAA (my ins) and an uninsured driver claim.

The Saga
Saturday was a beautiful day. Drove over to Dublin to meet up with some friends and go to Great America for the day. Parked my 8 on the street in front of my friend's house. It’s a nice quite residential neighborhood with little traffic and no through traffic. The section of street I was parked on is straight with no curves or blind corners.

Get back from dinner a little before 11PM. We pull up behind my 8 and I notice both right wheels are on the Curb! It’s also about 10 feet farther up the street from where I parked it. There is a group of people standing in the street looking at my 8. I know it’s not going to be good…

The data I have so far is that some lady (the term I will use to refer to her while in this froum) in her 40s who has no insurance, a suspended drivers license, and works in Jack-in-the-Box plowed into my 8 around 9 PM. She was drunk and apparently blew a .20 at the police station. I thought drunks like her weren’t supposed to be out until after midnight.

According to the neighbors, at first she ran away saying she couldn’t get another DUI. Then she came back and tried to drive her car away, but it was too smashed. Thank god for neighbors who like to dial 911.

My 8 is a mess, and until tonight, it was new. I don’t even have the plates on it yet. Both rims on the right side of the car are jacked from the car being forced into and then over the curb. The suspension geometry on the right front and right rear is a mess from the forced curbage.

The whole left rear wheel assembly where she hit is noticeably bent in at the top, and the quarter panel is wasted. So I know for sure the suspension on 3 of 4 corners of the 8 is bent and I wouldn’t be surprised if the frame is tweaked also. My 8 will never be the same again.

Oh and when I got home tonight--after my friends drove me--I found my new license plates in my mailbox...

Took pictures, will post soon. This is going to be such a hassle, and to think I bought my 8 to eliminate the car hassles I was having from owning a 12 year old car with around 180K on it… $hit… Going to go buy a notebook tomorrow so I can start keeping track of this one…

rickyt

Hey, sad and annoyed to hear your news.

The repair sounds expensive?
Not sure about how the US insurance system works, here in the UK if the car is under a year old and the damage is substancial the vehicle is likely to be written off. This HAS to be the only outcome for you - replacement vehicle!!!

Good luck, try not to stress too much.

Rickyt.

robertdot

If you've been with your insurance co for awhile, and you have a good relationship with them, you may be able to get them to write it off, esp. if you take it to the right shop. It's pretty shitty to have a NEW car screwed up for the rest of it's life. I'd really push them to write it off. If you've been with them long enough, it shouldn't be a problem.

Rotary Nut

Geez that really sucks man. I hate people that do crap like that. Sue her for everything she owns! Get her house! Seriously thought wouldn't Uninsured motorist insurance cover that. If so then the insurance company would then recoup their loss from her instead of you. That is if you have that rider on your policy. I hope you did. I've had it for almost 15 years., and it's worth every penny.

shelleys_man_06

Rotary Nut is right. Not only is she going to get in trouble with the law (well if she lived in Texas ), you also reserve the right to sue her. I'm not saying sue her for her soul, however, you may be able to proceed with legal action. Make her pay for the car, as well as any other impending expenses. I dread the day anyone hits my baby.

phee

Oh, geez, that sucks. I feel so badly for you. CA is tough on DUIs, and yes, you can sue. However, 40 and working at Jack's doesn't bode well. Keep us posted on what happens, and good luck!

guy321

I say sue her for her soul.. She has to be held responsible! And if you read my past posts.. I usually dont advocate law suits.

8_wannabe

You need to make a case with your insurance company that this is a total loss, and have them buy a replacement. What are the odds they will ever get frame and everything all back into alignment? No way; this is a high-performance car (at least that's what you tell the ins co.) Let some other poor schmuck drive the damaged goods, but not you. Good luck and keep us posted. Got those pix ready?

Sky88

Real sorry for what happened.
Try to go for total loss witn your insurance company and get a fully new replacement. There's no way the car is going to be the same again.
As for the drunk female, sue the hell out of her.
I just have no patience for this kind of crap, simply unacceptable.

Good luck.

Astor

These things are like magnets, I know, I've been hit twice, very sorry, my 1st was in the 1st two months I had the car. It's devastating, not to mention the time without it while it's in the shop.

irish8

Hey...sorry to hear about this!! Brand new as well!!!

To answer your Q's...

- Have the car fixed at the dealer where you bought it? If they don't have a body shop try a different Mazda dealer. If all else fails....get a recommendation from Mazda on where to have your car fixed. Mazda USA 1-800-222-5500
- As for your insurance company. Request the witnesses write a statement on what happened. Request a copy of the Police report. Get photo's of your car and hers if you can, also take a shot of the street your 8 was on. Lastly, write your own statement of events. Include weather conditions, what the Police said to you etc...

It suck's, no doubt!! Keep your chin up, it should all work out ok.

Oh...yeah.......I will never eat an Ultimate Cheeseburger again!!

- Irish

magixpuma

sports car plus crash = never back to normal take her house and her livley hood put that unresponsible bitch in jail maybee she learn her lesson

PoLaK

iTrader: (1)

I'm really sick of how everyone in the US can sue anyone for anything.

However i have no sympathy for drivers under the influence. I say sue her for everything you possibly can, put her scum piece of *** on the street. You have no reason to feel guilty about it, after all by her saying "i can't get another DUI" this wouldn't be the first time.

People like this are the absolute epitome of everything wrong with society today... it’s disgusting.

Also if you are buddy buddy with your dealer or a local reputable speed shop try to get a document from them saying something along the lines of "due to the specific nature of this performance car, it cannot be repaired to the standards set by its original specifications, therefore i conclude this yada yada yada must be totaled."

rotaryaddict

Sorry to hear about your 8 . That makes my scuffle with a racoon seem like nothing. It's not like I can sue the critter or anything, besides, it died in the process. Like the other guys said, try to go for a total loss and get a brand new car. If the frame is toast there's about a chance of ice cubes in hell of your car being brought back to where it's supposed to be. To beat the dead horse it really ticks me that there are people(????) like that out there driving. Isn't it typicall that you get pulled over for speeding on an open road and a few days later you see some retard driving like a total idiot endangering not only himself but also everyone else on the road and there is no cop in sight . Sorry, rambling here. Bottom line: get the car written off, get a new one, screw the "lady" (not literaly though). Peace out and good luck .

Rotaryaddict

Grabitquick

If you want to sue, I wonder what you could get. If she's 40 and working at Jack in the Box, she likely has no assets worth suing for. You or an attorney can probably do an asset search, but it sounds like all you'll get for your efforts is a judgment that you'll perhaps never be able to collect on. Also, you weren't in the car and weren't injured, so outside of insurance recovery under your uninsured motorist coverage (which hopefully you have), it's hard to see what damage claims you could make, other than the inconvenience.

On the other hand, I'd probably be pissed enough myself to want to sue her, so by all means consult with an attorney. I just wouldn't expect too much. Either way, sorry about the car--mine doesn't have its plates yet, either, so I know that I'd go ballistic. From your damage description, I certainly hope that your insurer totals the car. Let us know what the damage estimate is when you get it.

ezrider55

You must look for the money if you want to sue. Where did she get drunk. If it was in a bar ( I do not think Jack lets his employees drink on the job), GO AFTER THE BAR OWNER. The insurance Co. should total it, if not, get an atorney. Sorry about your loss, but at least you were not in it when this happened.

bowman

Go thru your insurance co first. I hope you have uninsured motorist coverage. If so, you will probably be out your deductible and if you get a rental car (unless covered by your insurance). It may or may not be worth your while to sue over your out of pocket expenses. Check with your insurance co though, they might be able to help get your money back.

I think that to "GO AFTER THE BAR OWNER" is un-called for. (I wasted 2 weeks of my life on a jury because some greedy woman wanted to sue her doctor after the hospital had already covered her loss, despite the fact that neither were at fault ).

Blue_Chameleon

Damn, that really sucks. This is why I'm such an advocate on taking DUI drivers off the streets.

I just worked a DUI Checkpoint last night and I personally took two DUI drivers off the streets, arrested them and towed their ride. Many of them think they can get away with driving even though they had "one beer." Makes me mad when they tell me stuff like that.

Anyway, I would work with your insurance company and see where it goes from here. I don't know if they are allowed to give legal advice but ask anyway to see where the progression will lead to. Ultimately, I would probably hire a personal lawyer and sue her. Is America sue happy? Most definitely...but in this case, why wouldn't you sue? From what I hear, it sounds like someone who is:
1) Drunk driving
2) Hit and Run
3) Unlicensed Driver
4) Uninsured Driver

Go for the gusto!

bowman

"one beer"? Things are different in CA. Around here the answer is, "a couple" or "2 beers".

She might also be facing Felony DUI. And they might seize her car (what's left of it).

8_wannabe

Dude, follow the money. Sue the county! Sue the fish and game dept! Did they have the "Racoon Crossing" signs posted? Sounds like negligence to me.

I am reminded of a case here in sunny California like a decade ago. A family went to a state park in the wilderness for a picnic. Their kid wandered off and was attacked by a cougar and regrettably killed. They successfully sued the state for some kinda negligence related to no warnings (forgetting the fact they let their child wander off alone.) Due to the cost of liability and this jacked up the insurance rates, the state had no choice but to close state parks in wilderness areas like that.

So I say... Ban the Racoons. Or send 'em all up to Canada!

PoLaK

iTrader: (1)

errr... no this is what i mean by i hate how you can sue anyone in the US for anything. That’s like suing a parties host because they let you drive home drunk..... Its greedy and it not their fault you can't control yourself.

A friend of mine once said to me "Texas is the only state still based in reality" and i couldn't agree more. If someone is in my house stealing my possessions i have no problems shooting them dead.


But in any other state then Texas that is illegal for me to do and if i do i can be sued by the burglars family for murder.

Is it me or does it seem the US's legal system got F*cked sideways with a swiveled stick and it can't recover.

Mikelikes2drive

If you go to a shaddy korean autoshop... if it looks pretty bad, they might be able to tell the insurance that the car is totalled and you would be able to get a new 8 with the new 05 key fob!!! jp jp... (actually alot of korean auto body shops do that though...)

good luck with your car! i would just take it to the dealer autobody shop...

bowman

Not quite....MO is just like TX in that regard.

I agree that a lot of Americans are sue-happy. But that doesn't mean that lawsuits are always bad. If someone is liable (like this drunk not the bar owner) they should be held accountable.

Aratinga

Having recently been rear-ended in my new 8, I can tell you what my experience was with my insurance company (the person who hit me was an employee of the City of Pasadena driving a city vehicle, and since the city is self-insured, they've refused to pay for anything until I file a lawsuit against them... but that's another story...).

I wanted my car totalled (written off) since the damage was severe. However, unless the estimated cost for repair approaches nearly 80% of the car's value, the insurance company will NOT total it. They will repair it, even if you don't want it back.

The estimate has to be in writing, and done by an appraiser of the insurance company's choice -- not the guy at the bodyshop you slip a C-note to.

The RX-8, even though it's new, is included in the software that bodyshops and appraisers use to write repair estimates. Every part needing replacement will be listed and every hour of repair time will be noted. My estimate ran nearly 11 computer-printed single spaced pages.

Mazda North America does have a body repair manual specific to the RX-8. A reputable body shop will have this manual and will know exactly where to make the cuts and welds... but it wouldn't be a bad idea to ask to see it before you authorize repairs.

Good luck with your car. At least you weren't in it at the time!

Edit: Regarding suing... good luck finding an attorney to take your case; since you're not personally injured, and the person you're suing sounds like she's one step away from indigent, there won't be a nice fat pot o'gold for the attorney to take 33.3% of; so you'll have to pay the lawyer's fees instead of on contingency. And honestly, you could win a big judgement against the other driver and never be able to collect a single cent of it. You can't get blood from a stone.

bluesunlion

Irrational Suggestion:

find the bitch and get your pound of flesh with a baseball bat, and a shotgun loaded with rocksalt.

Rational suggestion:
Let uninsured motorist cover it, and hope to goodness that your insurance co has a whole department dedicated to making deadbeats (like this) lives miserable like mine does.

Work with a bodyshop and your insurance adjuster to ensure that the total damage exceeds whatever the percentage of total damage that will push your car towards the "total" rather than "fix" end of the spectrum.

Make sure that in one way or another her *** gets fired. The pending conviction on her record will probably take care of this, as it's not her first rodeo. Volunteer your pictures and stuff for her "state vs ******* bitch" trial. Sounds like this isn't her first rodeo, and in my state, the penalties for a 2nd or third time offender generally means some jail time.