BRZ :(

[GNS]

Originally Posted by vubaru

Anyone who is telling this guy not to get a lawyer is either a fool or has an irrational hatred of the legal profession. In any case, telling OP to avoid a lawyer is doing him a great disservice.

There is little incentive for the dealer to settle this if OP does not get a lawyer involved. All lawyers are not "bloodsucking parasites," many are problem solvers who are willing to work with you on rates.

What blows my mind is that someone above said don't get laywers involved, and then went on to say that OP should put more "pressure" on the dealer.

Oh yeah? What is a lawyer going to do if not apply "pressure?" OP can do it on his own but it always helps to gave a legal eagle watching your back.

I am just concerned for OPs wellbeing and hope he gets everything replaced without too much of a hassle. No one wants to see a BRZ burned to a crisp because of some shop's apparent goof.

Right. Because it's a good idea to back the dealership into a corner before all other non-legal avenues have been exhausted.

"Lawyer-ing up" is just about the most inflammatory thing you can do. It immediately sets an adversarial tone to the situation. To our knowledge the dealer hasn't outright told him to pound sand.

Until that critical moment, "lawyer up" - aside from being a term on the same level as YOLO - would be a stupid thing to do.

[industrial]

Originally Posted by vubaru

It's a buyer's market for legal services, some research would tell you the above is not accurate.

Well, I do speak from personal experience. As in, I've been sued or at least, people have attempted to sue me. I do have several friends who are lawyers. I've had to "lawyer up" because the other party was being ridiculous and "lawyered up" to try and get their 1.8 million dollars.

Are you saying a lawyer would take this case for free? No retainer? No fees? You are out of your mind.

[butdamnbrian]

1. Preservation of evidence. lawyering up asap is necessary to ensure evidence is not destroyed/spoiled. Dealer and soa need to be put on notice of possibility of legal action because that triggers their obligation to preserve evidence. Otherwise, while op pursues "non-legal" recourse you guys suggest, dealer hauls the burnt shell to a yard, crushes it, and the only evid left is the dealer's written report. Not good for op.

2. Equity. You can be sure that dealer and soa (and op's ins co) have all lawyered up already. They have been working for 7 days straight to minimize their exposure. op is already at a huge disadvantage.

3. Corporations. The event may be a result of human error, but op is not dealing with humans; he is dealing with corporations. It's not a matter of greedy v. fair. Corporations are designed to minimize exposure and maximize profit.. by law. Corporation will always do what it was designed to do.. minimize risk/exposure/cost. If the least expensive recourse is to cheap out on op, it will. That's why threat of lawsuit is important. If least risky course is to make op whole rather than risk a suit (make whole plus legal fees and time), then that's the course the biz will take. Simple math, risk assessment, simple business decision.

op should absolutely lawyer up, have counsel draft up notice to dealer and soa and ins co, make sure evid is preserved. also, ins co may not always have op's best interest in mind, for obvious reasons.

finally, op do not post on this forum again. Period. Anything you post here would need to be produced as evidence in the event this goes to court, or possibly to some other forum for alternative dispute resolution. Anything else you write can only hurt you in the future. Take it offline. Good luck.

[BRZfan]

Originally Posted by JCW

I have a lawyer that is overseeing the situation. I'm not going to pursue any legal actions unless Subaru tries to screw me. As for the questions mentioned earlier, I got the new fuel pump because of the crickets and the TSB sent out by Subaru. The gears not going in correctly is something kind of hard to explain, I would put it into gear and let go of the clutch but when i gave it gas it was unresponsive. It would catch on about 5 seconds later and car would jerk a bit. And yes this car was brand new when I bought it in sept, only 8 miles on it. The car was bone stock, haven't done any mods to it.

I'll keep everyone updated as it happens.

Help us ALL out:
What TSB are you referring to? Got a Number/description? Is it on the work order?
Did SUBARU pay for the fuel pump replacement?

[Sportsguy83]

Originally Posted by BRZfan

Help us ALL out:
What TSB are you referring to? Got a Number/description? Is it on the work order?
Did SUBARU pay for the fuel pump replacement?

TSB/Recalls list:

Look for TSB 09-54-12

[RazBRZ]

Holy Crap! Glad I haven't gone to change mine out yet. Though if I do, I'm keeping my rae extinguisher with me. I don't need cup holders

[rjuc]

Glad you're okay! You can replace the car, can't replace you.

[Canyoncarver]

Sue them...you could have died..glad ur cool

[industrial]

Originally Posted by butdamnbrian

1. Preservation of evidence. lawyering up asap is necessary to ensure evidence is not destroyed/spoiled. Dealer and soa need to be put on notice of possibility of legal action because that triggers their obligation to preserve evidence. Otherwise, while op pursues "non-legal" recourse you guys suggest, dealer hauls the burnt shell to a yard, crushes it, and the only evid left is the dealer's written report. Not good for op.

2. Equity. You can be sure that dealer and soa (and op's ins co) have all lawyered up already. They have been working for 7 days straight to minimize their exposure. op is already at a huge disadvantage.

3. Corporations. The event may be a result of human error, but op is not dealing with humans; he is dealing with corporations. It's not a matter of greedy v. fair. Corporations are designed to minimize exposure and maximize profit.. by law. Corporation will always do what it was designed to do.. minimize risk/exposure/cost. If the least expensive recourse is to cheap out on op, it will. That's why threat of lawsuit is important. If least risky course is to make op whole rather than risk a suit (make whole plus legal fees and time), then that's the course the biz will take. Simple math, risk assessment, simple business decision.

op should absolutely lawyer up, have counsel draft up notice to dealer and soa and ins co, make sure evid is preserved. also, ins co may not always have op's best interest in mind, for obvious reasons.

finally, op do not post on this forum again. Period. Anything you post here would need to be produced as evidence in the event this goes to court, or possibly to some other forum for alternative dispute resolution. Anything else you write can only hurt you in the future. Take it offline. Good luck.

You sound like you've been through this before. You have some decent points.

1. How is SoA going to destroy the evidence? It belongs to the insurance company and/or the OP. Until the OP signs the title over, wouldn't SoA be stealing if they tried to do what you propose?

2. I agree to some extent.

3. Actually my friend, the cheapest route for a corporation to take in this case is to do the right thing and get the OP a new car, apologize profusely and throw in something extra for all the trouble and save face. It's not like someone died here or it was a criminal action (I'm speculating now) or this is a fundamental design flaw in the car. It was probably some mechanic that made an honest mistake. What a few of us are saying is that you have to give them a chance to do this. You can always lawyer up later. Once the lawyer genie is out, there is no putting it back in.

I really agree on the point that the OP should not post anymore here though.

[SkAsphalt]

Well it is too bad JCW's thread has been ruined with false/ignorant/unnecessary lawyer talk and false/ignorant/uncalled for political discussions.

Hope everything is getting worked out on your side man.

[mRdeMs83]

Make sure those people are held responsible. Every time I go out to the dealership to have my car serviced I'm reminded of why I should just be doing it myself. Most of the people working in that shop are there just for the pay check and not the quality service. I'm sorry that happened to you and that you made it out alive.

Argento ate6

[86BRZ]

Originally Posted by RazBRZ

Holy Crap! Glad I haven't gone to change mine out yet. Though if I do, I'm keeping my rae extinguisher with me. I don't need cup holders

You must read that DIY thread too. The center place is perfect for a fire extinguisher.

[strat61caster]

OP could have died, a free car and just compensation is in order. Best of luck.

[russv]

Originally Posted by GNS

Right. Because it's a good idea to back the dealership into a corner before all other non-legal avenues have been exhausted.

"Lawyer-ing up" is just about the most inflammatory thing you can do. It immediately sets an adversarial tone to the situation. To our knowledge the dealer hasn't outright told him to pound sand.

Until that critical moment, "lawyer up" - aside from being a term on the same level as YOLO - would be a stupid thing to do.

Do you think the dealership or Subaru has lawyered up?