My Stolen 348 and the BRCC Update | Page 2 | FerrariChat

My Stolen 348 and the BRCC Update

Discussion in '348/355' started by DrStranglove, Jan 16, 2004.

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  1. Meeyatch1

    Meeyatch1 Formula 3

    Dec 28, 2003
    1,343
    Low flying jet.
    Full Name:
    Mitch
    I would still like to know what you said to them when they came back...if you would, please share what happened then. Thanks!
     
  2. TigerAce

    TigerAce Formula 3

    May 29, 2003
    1,793
    Dallas, TX
    Full Name:
    Yoshi Ace
    I didn't notice your original thread back then. I'm sorry you have to go through this. Hope you will recover successfully to your satisfaction.

    It is amazing that how some people don't think of consequence. I hope my kids won't be like them when they reach 18!

    One question: If valet is not responsible for parking your car, what are they charging for? We tip a driver when we pick up a car. The main purpose of valet is for them to look after your car in congested areas like restaurants, topless bars, malls, amusement park, etc. If you are driving some exotics, and go somewhere, what is the best way to park your car? My answer has been the use of valet, but it seems this is incorrect now.

    Good luck, Dr. S.

    BTW, I have a friend working for Sanrio (the maker of HKitty), and they make TV, microwave, cell phone, PDA, etc w/ HKitty, too. If you want to give her something odd, but cute, these are popular items!

    Yoshi Ace
     
  3. vref

    vref Karting

    Dec 18, 2003
    214
    1 Hr North of Housto
    Full Name:
    Jim
    BAILMENT - A legal relationship created when a person gives property to someone else for safekeeping. To create a bailment the other party must knowingly have exclusive control over the property. The receiver must use reasonable care to protect the property.

    I agree that trial (case) law is going to be a great asset in your case. Of course they are going to say the 18 year old is liable, and that this is a case of theft since he took the car without your consent, and the ticket indemnify's them of liability. You know "it wasn't me" syndrome.

    Doesn't this suck, a nice night out with the ladies in red turns into this.

    Where is lawwdog when you need him?
     
  4. Meeyatch1

    Meeyatch1 Formula 3

    Dec 28, 2003
    1,343
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    Mitch
    (*Taps foot patiently waiting for the story of what happened and was said when the scumball valets brought the car back* :D )
     
  5. Cavallino Motors

    Cavallino Motors F1 World Champ
    Lifetime Rossa

    May 31, 2001
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    Martin W.
    Doc,
    anything you need from me, where ever I can help, call me again and I will be more than happy.

    I am sure it will be resolved to your full satisfaction. When you are done you can order than Enzo you always wanted :)
     
  6. pig4bill

    pig4bill Karting

    Dec 24, 2003
    59
    I'm not a lawyer, nor do I play one on tv, not even on the radio. But since the car was probably taken after it was parked since it should've been noticed if a Ferrari came in and went right back out, I would think the club is liable since their procedures don't properly control the keys. The valet should have to show a claim ticket to pick up the keys from the valet manager(I would hope they have a valet manager and don't just let 18 year olds run amok without supervision). They should have anticipated that an 18 year old might take a high-end sports car for a joyride if allowed.

    This happens at big places too. My buddy rented an F355 Spider in Vegas for a week. The rental places always tell you to valet the cars at the hotels. Even when I had reservations about it, they push the point. You get a limited amount of free miles so my buddy wrote down the mileage every night. He came down one morning and the car had an extra 100 miles on it. He complained to hotel management but got nowhere with them. This was at the Venetian, not some dump. In the end he just paid the extra miles since the rental place could find no damage and didn't seem to mind. If my buddy had owned the car he would have gone ballistic.
     
  7. ernie

    ernie Two Time F1 World Champ
    Lifetime Rossa Owner

    Nov 19, 2001
    22,574
    The Brickyard
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    The Bad Guy
    So the leason kids is.....NEVER EVER NEEEVER valet your Ferrari!
     
  8. udalmia

    udalmia Guest

    just read the entire story, terrible
    its put me off valet for life, good luck and make sure you get more for mental damages, i can see youve had a lot of it
     
  9. MS250

    MS250 Two Time F1 World Champ
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    Dec 10, 2003
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    Avvocato
    Dr.S,
    My heart bleeds for you....stay on top of this and squeeze as much as possible.Take out an add in the paper, pay some min.wage kids to carry billboards in front of the joint, whatever you do don't give up the fight.

    The jealousy in this world is unreal...beautiful car, beautiful couple, to be a beautiful night out became a nightmare. Keep your chin up and hope you get compt well.

    GOOD LUCK !!!!
     
  10. dream cars

    dream cars Formula 3
    Regional Sponsor Rossa Subscribed

    Nov 5, 2003
    1,481
    Central FL
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    mike
    Pig4bill- "My buddy rented an F355 Spider in Vegas for a week. The rental places always tell you to valet the cars at the hotels. Even when I had reservations about it, they push the point."


    Thats amazing, my rental contracts forbid my customers from valeting the cars. 50% of the time one of my cars gets valeted it comes back with some sort of damage.
     
  11. Tyler

    Tyler F1 Rookie

    Dec 19, 2001
    4,274
    dusty old farm town
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    Tyler
    Doc, thanks for the update! Best of luck to you. I still can't believe what total bull$hit this entire ordeal is.
     
  12. cmparrenzo

    cmparrenzo F1 Rookie

    Mar 3, 2002
    2,686
    Kansas
    Full Name:
    Chris Parr
    Well I gotta say that what the valets did was wrong and they need tp pay for any damages, which they offered to do. They offered to pay $2,000 for loss of use, I am sorry, but they, imho, made a very fair offer.

    We are talking about a 348 not a 250 GTO. Loss of value? give me a break. It is this kind of ego boosting litigation that causes the rest of us to pay huge insurance premiums.

    Late model Ferrari's are just cars. My advice?, get over it, drive your car and enjoy it....

    Just an opinion but I think you lost all credability when you turned down a very resonable offer....
     
  13. vref

    vref Karting

    Dec 18, 2003
    214
    1 Hr North of Housto
    Full Name:
    Jim
    Doc,

    I just went back and read the whole story. What I missed was, what was the insurance co. reason for denying the claim?
     
  14. DrStranglove

    DrStranglove FChat Assassin
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    Oct 31, 2003
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    DrS

    I did not get into it specifically as I did not see it as my problem. My understanding though is that the club never revealed to the Ins. Co. that it even ran a valet service, so there was no language in the policy that covered it. And as it was not a revealed service, it was denighable. Beats me, but I do know that my company had language that did mention the valets and the limits of liability for their actions.

    As for my demand for the extra money, had they settled the issue in a prompt manner, there would be no such demand. Also, there is an interesting rule in NC law that would allow me to claim the full price to replace the car. It comes into play the second the vehicle is not available to me after 30 days.



    When the jerks got back I was actually too stunned to say much to them. In fact, I just asked them where they had been. They did not know it was my car and actually told me the owner told them to take the car for a spin. At this I started to giggle and their boss, the AGM of the club just went off on them. At this point, my fried and one of my attorneys wisely reminded me the bar was open and we went inside. We did and I started to get really upset.

    In a side note, I actually won the diamond pendent door prize that night.


    DrS
     
  15. Meeyatch1

    Meeyatch1 Formula 3

    Dec 28, 2003
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    Mitch

    It would have taken all I had to not send them to jail for auto theft, or at least to the hospital from me beating the crap out of them. I sure hope they are up on some sort of charges.

    I would have also made damn sure that the other members of the club there that night knew that the valets had just taken my Ferrari on a joyride, and imagine what has happened to their cars. :D
     
  16. DrStranglove

    DrStranglove FChat Assassin
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    Oct 31, 2003
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    Hell yea.

    I had about four people out there that are loyal to me when the car came back. One is the head of the local city council and two others are attorneys.

    I feel confident in my ability to prevail in this.


    DrS
     
  17. rudy

    rudy Formula Junior

    Jan 13, 2004
    363
    Los Angeles California
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    Rudy Hassen
    As someone who has sued, and been sued, I am telling you you are going to lose. We'll see.
     
  18. DrStranglove

    DrStranglove FChat Assassin
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    Really? Why?

    DrS
     
  19. Miltonian

    Miltonian F1 Veteran

    Dec 11, 2002
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    Jeff B.
    Like a lot of chatters, I've been reading this with some detached interest. My two comments:

    1) This whole situation should have been handled by the GM of the Country Club within an hour, if they had any class. "Mr. Stranglove, you have been wronged while a guest at my establishment. We will cover all expenses to make it right. Here are the keys to my own personal car, which will be at your disposal until your Ferrari has been repaired to your satisfaction. If you wish to press charges against our valets, that is your right. In addition, I am prepared to give you full membership privileges in our club, at no cost, for the next 6 months." Keep the lawyers and insurance companies out of it.

    2) I blame Hollywood for everything. The valets wouldn't have stolen your car if they didn't see everything as "cool", and without consequences, on TV and in the movies. I believe I remember seeing an episode of "Dharma and Greg" where Dharma stole someone's Ferrari while at a wedding. Cool, huh? No, it isn't.
     
  20. DrStranglove

    DrStranglove FChat Assassin
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    Oct 31, 2003
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    1) That is almost exactly what he said. (Never offered his car.) Their attorney on the case did not back him up.....at all....even a little....for six months.


    2) Me too.


    DrS
     
  21. Miltonian

    Miltonian F1 Veteran

    Dec 11, 2002
    5,966
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    Jeff B.
    Geez. I guess I look at things too simply. If I were GM at the Club, I would be more concerned with making things RIGHT than with letting my attorney make things worse. Isn't this kind of like using a chainsaw to trim your fingernails?
     

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