Update: 02/02/05
 

Today the shop said:

1. The SRS Light is coming on. (Air Bags). The computer is being replaced under warranty.
2. The Oxygen sensor threads are stripped (what ever that means) I think it means a hose was not installed properly and they screwed it up so they are rethreading it?

Looking at Tuesday pick-up now (2/8/05).

I’m a little calmer today than yesterday. Deep breathing and beer helps. Also reading over Shamblerock’s last two post again helps me calm down for some reason.

Silver, almost there! Good that they are ironing out some of the bugs.

Hang in there.

Update: 02/02/05 additional
 

My insurance company’s adjuster that quit the other day apparently had left a lot of problems on his desk. His boss from another location came in to clean up his work. They called me and basically apologized about the problem of so much damage and not totaling the car. He saw where I had documented my case early on and didn’t understand why my adjuster did not total it at that time. So, to help me out a little they are going to wave my $500 deductible and raise my diminished value factor from 80% to 100% and wait until all supplements are taken care of before they pay me additional moneys. In rough numbers, the car’s damage is at $23,320 and my diminished is now around $3,500. The rental car was about $900 so now the package price for the car is $27,720. I paid $26,000 for the car 9 months ago. He told me not to worry about any supplements as they were committed to paying what ever it required even though we have reached replacement value.

It was really nice to finally be able to talk to someone that seemed to care about what he was doing. I think I can work with this. If the car is in like new condition and I don’t really have any issues then I get to tear about 6 payments out of my payment booklet.

A word of advice, DOCUMENT, DOCUMENT, DOCUMENT! Shoot photos, write emails to your insurance company, stop by their office and leave letters with images from the very beginning. Let them know you are on top of it and make sure you understand everything that is going on. Don’t hesitate to be aggressive about handling your cars repair process. My biggest mistake was not going over the insurance adjusters head when I first claimed BS on that guy. Everything is going to be fine with my situation but it could have been better.

This forum is VITAL in me keeping my thoughts organized. Communicating with people of knowledge is extremely important to the documentation process. If you have damage to your car that is similar to mine you should be able to use this thread as a reference.

Update: 02/04/05
 

Nothing new in communications with the shop today. Visited my baby at the Mazda dealer and found her up on the rack. This was a good opportunity to see what's up underneath. I found a few things that look like they need attention but I'll give the shop an opportunity to work on these items without my intervention first.

They are still waiting on parts. The side airbags are giving them problems. I still can’t believe the airbags did not deploy! I'm wondering if there was an issue with them from the beginning without me knowing about it.

The paint looks really good as far as I can tell and she kept begging me to take her home. Broke my heart to leave her, spread eagle, for all those evil shop guys to see her private parts. The warm weather has blessed us today and it feels like spring. This makes it even harder to see her and not have her.

Sorry to hear that you did not get your baby back...It sucks that they gave you such a hard time, but on the upside the body looks great from your pictures! Hope you get her back and running right soon!

Silver, Status?

Update: 02/11/05
 

Shamblerock, are you reading my mind! I checked my email and had nothing so i proceeded to write my update, got back on and you are tapping your foot! :D

OK...

Today was another target date to get her back. A phone call to the shop and another postponement due to:

- Noise in the drive train.
- After replacing new rear driver side wheel the pressure sensors not working properly.

So it was taken back to Mazda. When the shop gets it back, they will require 2 days of dealing with smaller issues and test driving. I give up on planning to get her back on a given date now because if they find something else wrong, they will just send it back to Mazda and there goes another 3 to 5 days. So I'll just put a tenative date of next Friday, 18th?

OK, so now class… lets do a little math:

$23,000 Shop
3,000 Mazda
3,000 Diminished Value
900 Car rental

$29,900 Running Total (remember, I paid $26,000)

More expenses to come due to going back to Mazda.

Ain’t this fun boys and girls? Now, lets all say together... SilverEIGHT's Insurance Company is a dumb ass!

Silver, I feel for you man. However, you should let the Insurance company know that you are very surprised with all these pop up delays on major components. Why can't they simply give you a new car at this point. What the insurance company is doing is unfair and unreasonable. The work is obviously not being done properly on major components. If it were me in your shoes I would start pressing the Insurance company in the direction of having them work something out with the dealer to take the car as a trade in towards a new 2005!

Worst case scenario, ask them to give you a deadline as to when you will receive your car back, and if not received by that date, they should give you a new one. After all it is depreciating as we speak.

Sorry for the aggressive attitude, but its upsetting to see how this is carrying on.

As usual, keep us posted. Thanks.

I think it is time to consult a lawyer about filing a bad faith lawsuit against the insurance company. In many states if punitive damages are awarded they are doubled or tripled.

Good luck.

Update: 02/17/05
 

Oh man, what can you say! The shop told me today that the sound in the drive train was due to impact and that they will have to replace the transmission. Well, let’s see now, that’s another cha-ching, cha-ching, cha-ching…. $4,000. The shop put the project on hold waiting to see if my insurance company is going to cover it. That will take one day to order, 2 days at Mazda and 2 more days at the body shop for details. That’s 5 working days from the time the Insurance Company says, “OK, we will cover it”. So now let’s move the ETA to a week from Friday (2/25/05) just to be safe. The car has been in the shop since 11/8/04 so that’s around 3 ½ months.

The shop is starting to get uneasy about the cost now. HA! What a joke. I’m growing weary and impatient.

In round numbers, because I can’t seem to keep track of all the additions:

34,500 .... Shop
3,500 .... Diminished Value (Estimate based on insurance suggestion)
900 .... Rental Car

38,900 .... Running Total
26,000 .... Paid New

$12,900 .... Over Cost (and climbing)

Spoke to an attorney this AM. That was before I knew about the transmission. I’ll wait to discuss this issue till a later date. Don’t care to make it public.

Update: 02/17/05 additional
 

Spoke to the insurance company... very long and interesting conversation with the one person I needed to talk to, great conversation. Stay tuned! I may have some interesting news in the next few days.

Now the drive train ? Totally fu-king unbeleivable. This is obviously a totally incompetent work shop and adjuster/estimator. This shop should be sued and the insurance company's estimator fired on the spot and you should get a brand new RX8. Period. In addition, they should pay for your legal bills.

Total incompetence. Consulting with the lawyer is a smart move indeed and should give the insurance company the impression you have had it.

Silver, hang in there. Keep us posted.

Good luck.

The problem lies squarely on the insurance adjuster. He was truly incompetent. He also quit about 2 weeks ago and left the insurance company to mend his mistakes. He had reminded me on two occasions that I was the one at fault and that he was not going to total the car. A vindictive sounding little $#!+, isn’t he.

My conversation today with the insurance company may actually yield a TKO on the car. Even after all the expenses incurred. To drop yet another $4,000 for a transmission is ridicules. I don't think they want to put anymore into it knowing that there may be more issues down the road. When do the supplements end and when does the insurance break the tether to my car. I didn't explain this earlier because I'm just not sure this is going to happen. It's like a combination lock; I'm turning the dial and I think I here the tumblers clicking into place. I just don't want to get my hopes up yet. At least today I talked to the right person at the Insurance Companies headquarters and he understands the issues and is working on the best way to clean up the mess the idiot left him with. I think they may write this one off.

Fingers crossed, XX, I should know by Friday. Meanwhile the progress of my 8 has come to a halt.

I would love to hear the insurance company tell you something to this effect: "... we really messed up. The adjuster was forced to quit and we are suing the shop for poor workmanship and incompetence. We apologize for the trouble and agony we have caused you. We have contacted XXXXX Mazda dealership near your house and have instructed them to bill us for your brand new RX8. As a show of our gratitude for your patience and not suing the fuck out of us in the process, please choose whatever options possible your RX8. You want a sunroof. Sure. You have had you're eye on a Nav system haven't you, fine. Personally, I think you should also get any accessories availble on the RX8 that you fancy. Heck, get each and every one of them and don't even think twice about it. We owe you big time and this is our way of paying you back. Dress up the car anyway you want and leave the finances totally to us. The dealer has specific instyructions not to even mention the amount of the car to you. They are only there to take you entire order and tell you when to pick up the registration and keys.

If they even remotely come close to making a statement like the above, you've made out like a bandit!

Good luck man.

holy crap that wasnt totaled? how much did the insurance pay for the repairs?

This is a work in progress. Read post #61. :eek: It will give you an idea of cost involved with this absurd event in my life. I keep it up to date so you will not miss any details.

Update: 02/18/05
 

OMG! Talked with the insurance company today. It's a matter of finishing up the paperwork now. Everyone seems to be in agreement. Just "Total" the car out. So next Wednesday I'm scheduled to go in to sign the paperwork. Then you guys will have to put up with my "Got a new SilverEIGHT today!" thread. So with this said, I will hopefully only make one more post next week in this thread and close this chapter in my life. :D

OUTSTANDING! What a saga. Make sure you read the fine print. For what you've been through, you deserve a cost-free, identical replacement, maybe even an '05, so make sure that's what you get or don't sign anything. Mention the key words: pain and suffering. (Maybe even lack of consortium. :) )

Look forward to your closing post in this thread. WoooHooo :D

Now that's great bloody news. However, as Go48 advises, read everything very carefully. Man, I'm so happy for you. Remember, keep your emotions from blurring your vision and logic. You don't have anything until it is given to you! Keep up the good negotiations until you are driving the new 8.


Regards,

SilverEIGHT, after the forum went haywire a week or so ago I lost track of this thread and haven't been keeping up ... thanks for your PM! I'm very glad to hear that your car was totalled, and that you'll be getting another brand new one! (Would you perhaps consider a color other than Sunlight::cough::cursed::cough::Silver? :))

It's just a shame that you had to go through all of this to finally get the Ins. Co. to do what should have been done DAY ONE. Now I wonder what will happen to your poor car! Watch for the VIN to show up on Ebay soon! How about you post your VIN here so we'll all know to stay away from that one? ;) Let the buyer beware!

As for my car -- I have her back, leaky trunk and all. The shop claims that the trunk leak has finally been repaired (after I took it in with standing water under the rear seat cushions) but I'm paranoid about driving it in the rain. Right now it's sitting outside under a waterproof car cover, and I'm keeping fingers crossed.

I've not received a cent from my insurance company or the City of Pasadena. My car is virtually worthless if I go to sell it or trade it in, but my attorneys told me to not even ask about "Diminished value" -- I won't get it. The City of Pasadena has apparently not even responded to my claim, filed one month ago (just before the six-month deadline). When they do respond, it will be a routine denial. Then we get to file a lawsuit.

At least your ordeal is finished and over! Congrats, and enjoy your new (hopefully not silver) car!

silver, I am very happy for you. As I recall, they already sent you the diminished value check. Can you keep it for "pain and suffering"?

Sorry in advance for the reminder of the "I told you so" I posted near the top of this thread. Many years ago I did the estimates for a body shop. "Hidden damages" are the norm for any severe collision. I used to take the customers out of the shop for coffee and advise them to beg the insurance adjuster to total their car when I knew that the hidden damages would become a plague.

Good luck as your saga finally comes to an end.

Update: 02/18/05
 

Today I pulled up to the shop and saw her outside. I have to admit, it kind of took my breath to see her shining in the sun. I got out of my Maxima and walked over to her, softly touched the beautiful Sunlight Silver trunk lid, walked from the back around the drivers side to the front never letting my hand release it's contact. Oh, how beautiful it is. My finger followed along the perfect seam between the hood and the fender around to nose... WHAT THE F*@%... there was a outie ding in the nose where something underneath was out of place and pushing on the nose like it wanted to pierce it's way through. So much for that sexual encounter with my old flame! I barked a quick belly laugh and just walked inside to thank them for their superb workmanship and timely repair. Who cares now, Wednesday it will belong to someone else. I extricated my personal items and tag from the car, shook the guys hand and drove straight over to the Mazda dealer to look at new cars. :D

I will look up my VIN number and post it so you guys will know to watch out for this puppy.

The insurance company is to pay me $25,275 plus sales tax on my new car purchase up to the amount of my settlement. So, 7% will be another $1770. It looks like my total will be $27,045. I've already picked out a GT 6MT SilverEIGHT and have started negotiating price. This is all I could get from them without hiring an attorney and frankly, I was not really looking forward to that. Some of you will probably say I should have gotten more but guys, thanks to you, I think I've managed to pull this off against all odds and one ass face adjuster. I have no complaints with my insurance company. Once the jerkwadd was gone things happened EXTREMELY fast.

I want to thank everyone for their support. I've had post and PMs from many genuinely concerned people that expressed their expert opinion and some that just wanted to express their concern. You guys are awesome. This thread helped me keep my thoughts together and communicate with my insurance company and body shop with confidence and patience. I feel like I have a world of friends. Come see me sometime and I'll give you a ride in my new SilverEIGHT! :p

A special thanks to Shamblerock.

AMEN!!!!!!!!!!

What a fabulous ending to a long saga. Good job. Well done and way to keep your patience and focus.

Definitely post pics of the new ride once its in your possession. And for a different kind of insurance, pay a priest/Rabi/preacher $50 to bless the new car for you!!! Whether you beleive in superstition or religion or nrither, DO IT! Ha Ha HA


Good luck.

Oh boy! I HAVE MY SMILE BACK! Im ridding in my new wheels now. Came in today. I'm posting a pic here but I'm also going to start a new thread. This one is done! :D

Good Job and congrats, again!