ken qv Report post Posted January 26, 2010 The winds were clocked on 70-80.... The holes are from the poles and sticks from the tent, both large and small, which would have more velocity from falling than the wind. It was not pea gravel. I am kind of baffled that someone would think that…. The insurance responsibility lies with the car’s owner….I know that some people feel that it is Russo and steels. It isn’t. As far as “why tents…? Where’s the roof?” You’re kidding right? Have your seen the “tents” BJ is under a tent also…..and while they are only 2-3 miles away, the eye of the storm happened to be right where R&S was set up. While I am not trying to lessen the staggering loss of property….some of it really priceless…I just can’t believe or understand why everyone always feels the need to place blame and accountability… IT WAS A FUCKIN STORM THAT EVERYONE KNEW WAS COMING!!! If you where worried, you had like 12-18 hours to move your car. IT IS R/Ss' FAULT You must work there...... Quote Share this post Link to post Share on other sites More sharing options...
Fortis Report post Posted January 26, 2010 Legally, everything youve written after "Pea Gravel" is 100% BULLSHIT..... And I can re write that in big bold font if you need me to..... Here: YOU'RE FULL OF SHIT Thank you RD for confirming my thoughts, it wouldn't been ridiculous if that was the case. Quote Share this post Link to post Share on other sites More sharing options...
DetroitDetomaso Report post Posted January 26, 2010 Legally, everything youve written after "Pea Gravel" is 100% BULLSHIT..... And I can re write that in big bold font if you need me to..... Here: YOU'RE FULL OF SHIT Quote Share this post Link to post Share on other sites More sharing options...
Roman Report post Posted January 26, 2010 Thank you RD for confirming my thoughts, it wouldn't been ridiculous if that was the case. Briefly, for the benefit of the members who HAVENT tried to play "I'm an unfrozen caveman lawyer", the issue at hand is the law of "Bailment" When one party (the "Bailor") places personal property, either voluntarily or involuntarily, in the possession of another (the "Bailee") and the Bailee voluntarily accepts possession thereof, a "Bailment" is created. The Bailee thereafter owes a DUTY OF CARE to the property owner. (That standard of care varies by jurisdiction, but generally, simple negligence is the standard). R&S put a TENT over the cars. They knew the weather forecast... Tents have wind ratings. And Im sure 60MPH far exceeds the manufacturers rating for that particular tent.... There was plenty of opportunity to take the tent down. They didnt. In fact, they made no effort what-so ever to take the tent down, move the vehicles, or otherwise avoid the potential and obvious imminent harm. I would argue THAT IS NEGLIGENT AND IT VIOLATES THE STANDARD OF CARE OF A BAILEE. The fact that the company down the street is negligent too, does NOTHING TO MITIGATE THE LIABILITY. Its like arguing "EVERYBODY speeds" after you cause an accident because you're driving too fast. Quote Share this post Link to post Share on other sites More sharing options...
Johnfromjersey Report post Posted January 26, 2010 it is no different than bringing your car in for service and they damage the car. Thats why they have liability insurance and while their policy may not be fit to expense the damages that have occured here, they are fully responsible. They are performing a service, and are hired to do so, no different than dropping your car off for an oil change. jason im sorry to see this and hope what happens with the car at this point is how you want it to go. please keep us updated and ask for help if needed Quote Share this post Link to post Share on other sites More sharing options...
Lambo91 Report post Posted January 26, 2010 in relation to your first point if that's the case that's ridiculous, when on their premises the stock should be insured along with having public liability cover, I would NEVER take my property on the premises of a business that's not insured. I took many cars to auctions here and once I gave them the keys the cars were insured by the auction house. Your second point, are you kidding me? Some of these guys waited months for this auction, I assume the auction house in question is fairly reputable hence the rare cars that were on offer ( I don't live in the states please pardon my ignorance) when you deal with a reputable company you expected them to take adequate measures in storing and protecting your goods. I wouldn't be running to pull my car out few hours before a major auction because the rain is coming, would you? Seriously ? I am quite sure the auction house will come to the party and compensate the owners trough their insurance. If not hold a salvage auction and get it over and done with, we should all be happy that no lives were lost, metal can be fixed! Quote Share this post Link to post Share on other sites More sharing options...
LPDADDY Report post Posted January 26, 2010 Legally, everything youve written after "Pea Gravel" is 100% BULLSHIT..... And I can re write that in big bold font if you need me to..... Here: YOU'RE FULL OF SHIT What an understement Erik. I hope for Russo's sake they handle it with class otherwise their business will suffer in the future. It is their responsibility to make sure the cars are safe. Quote Share this post Link to post Share on other sites More sharing options...
speed and motion Report post Posted January 26, 2010 R&S put a TENT over the cars. They knew the weather forecast... Tents have wind ratings. And Im sure 60MPH far exceeds the manufacturers rating for that particular tent.... There was plenty of opportunity to take the tent down. They didnt. In fact, they made no effort what-so ever to take the tent down, move the vehicles, or otherwise avoid the potential and obvious imminent harm. I would argue THAT IS NEGLIGENT AND IT VIOLATES THE STANDARD OF CARE OF A BAILEE. I think one of the AZ news reports said that the tent company came out and tried to secure the tents more, so they knew a strong storm was coming. Quote Share this post Link to post Share on other sites More sharing options...
livetodrive Report post Posted January 26, 2010 What a Catastrophy! How many cars were there for auction in total? Seems like almost all if not all of them were damaged. Quote Share this post Link to post Share on other sites More sharing options...
Lambo91 Report post Posted January 26, 2010 What a Catastrophy! How many cars were there for auction in total? Seems like almost all if not all of them were damaged. 400 i think. Quote Share this post Link to post Share on other sites More sharing options...
Roman Report post Posted January 26, 2010 What an understement Erik. I hope for Russo's sake they handle it with class otherwise their business will suffer in the future. It is their responsibility to make sure the cars are safe. I think their business will suffer regardless... Theyre the "Disaster auction House".. The only question now is, can they preserve whats left of their reputation by HOW they handle it.... Quote Share this post Link to post Share on other sites More sharing options...
Smash Boy Report post Posted January 26, 2010 Briefly, for the benefit of the members who HAVENT tried to play "I'm an unfrozen caveman lawyer", the issue at hand is the law of "Bailment" When one party (the "Bailor") places personal property, either voluntarily or involuntarily, in the possession of another (the "Bailee") and the Bailee voluntarily accepts possession thereof, a "Bailment" is created. The Bailee thereafter owes a DUTY OF CARE to the property owner. (That standard of care varies by jurisdiction, but generally, simple negligence is the standard). R&S put a TENT over the cars. They knew the weather forecast... Tents have wind ratings. And Im sure 60MPH far exceeds the manufacturers rating for that particular tent.... There was plenty of opportunity to take the tent down. They didnt. In fact, they made no effort what-so ever to take the tent down, move the vehicles, or otherwise avoid the potential and obvious imminent harm. I would argue THAT IS NEGLIGENT AND IT VIOLATES THE STANDARD OF CARE OF A BAILEE. The fact that the company down the street is negligent too, does NOTHING TO MITIGATE THE LIABILITY. Its like arguing "EVERYBODY speeds" after you cause an accident because you're driving too fast. Thanks for the write up. Does all of this still apply to cars that have been impounded by the police for moving violations? Cars that are meant to be given back as opposed to repossession or something of a greater criminal nature. I would hope so, but I believe there's evidence to the contrary. Quote Share this post Link to post Share on other sites More sharing options...
Roman Report post Posted January 26, 2010 Thanks for the write up. Does all of this still apply to cars that have been impounded by the police for moving violations? Cars that are meant to be given back as opposed to repossession or something of a greater criminal nature. I would hope so, but I believe there's evidence to the contrary. Its slightly different when the government is involved, but ::generally:: even THEY have a duty to use some level of care with your stuff... (However, good luck finding a judge thats sympathetic to the guy who's car gets impounded for DUI and gets damaged in the process- Damage is a risk any time a car is towed- more so when the tow has to be done in a hurry). As for repos- thats a whole different issue altogether.... Technically a repossessed car doesnt belong to the person that it was repossessed from.... It belongs to the lender. And whereas Im sure the bank doesnt WANT them messing up their repossessed cars TOO much, they usually dont really care. They just want as much of the car back as they can get so they can recoup their losses. If the borrower then makes good on the loan and gets the car back, AFAIK You take the car as is. Quote Share this post Link to post Share on other sites More sharing options...
Assman Report post Posted January 26, 2010 As for repos- thats a whole different issue altogether.... Technically a repossessed car doesnt belong to the person that it was repossessed from.... It belongs to the lender. And whereas Im sure the bank doesnt WANT them messing up their repossessed cars TOO much, they usually dont really care. They just want as much of the car back as they can get so they can recoup their losses. If the borrower then makes good on the loan and gets the car back, AFAIK You take the car as is. Que Juciee gets his car back vid. Quote Share this post Link to post Share on other sites More sharing options...
Destructo Report post Posted January 26, 2010 I think their business will suffer regardless... Theyre the "Disaster auction House".. The only question now is, can they preserve whats left of their reputation by HOW they handle it.... To make it right, save face, keep customers and emerge with a positive image, they will have to repair all the cars with no cost to the customers or customers insurance. Basically the most expensive nightmare they could think of. Taking these classics and resto-cars, classics, antiques and the rest to the right place and have the work done right. I don't see this happening to be honest, i envision them handing out "free auction" waivers on their next car they want destroyed by a poor planning committee. Quote Share this post Link to post Share on other sites More sharing options...
kinnsella Report post Posted January 26, 2010 The winds were clocked on 70-80.... The holes are from the poles and sticks from the tent, both large and small, which would have more velocity from falling than the wind. It was not pea gravel. I am kind of baffled that someone would think that…. The insurance responsibility lies with the car’s owner….I know that some people feel that it is Russo and steels. It isn’t. As far as “why tents…? Where’s the roof?” You’re kidding right? Have your seen the “tents” BJ is under a tent also…..and while they are only 2-3 miles away, the eye of the storm happened to be right where R&S was set up. While I am not trying to lessen the staggering loss of property….some of it really priceless…I just can’t believe or understand why everyone always feels the need to place blame and accountability… IT WAS A FUCKIN STORM THAT EVERYONE KNEW WAS COMING!!! If you where worried, you had like 12-18 hours to move your car. My vote for the worst and least informed post of the year............ Quote Share this post Link to post Share on other sites More sharing options...
Smash Boy Report post Posted January 26, 2010 My vote for the worst and least informed post of the year............ Quote Share this post Link to post Share on other sites More sharing options...
emilio Report post Posted January 26, 2010 i am VERY sorry to hear about your car That car isnt CLOSE to being totaled..... All the damage is cosmetic and EASILY fixable.... Noting mechanical.... Nothing Electrical.... Nothing structural.... i am with, beside the glass and lights, most panels can be repaired, a complete repaint is needed i am sure the car can and will be saved as for the cost of repairs i would say a good bodyshop here could fix it for a reasonable amount Quote Share this post Link to post Share on other sites More sharing options...
Kevin2772 Report post Posted January 26, 2010 Is there an estimate out yet for the total damages? I mean looking through the slide show, there are plenty of 6 figure cars damaged, if not totalled. I cant imagine anyone swallowing this one down without a major fight to avoid guilt. Quote Share this post Link to post Share on other sites More sharing options...
SV-N-IT Report post Posted January 26, 2010 a little late. but sorry about what happen jason. thats got to be tough to see. Quote Share this post Link to post Share on other sites More sharing options...
THECARREAPER Report post Posted January 26, 2010 ok, sorry about the "pea gravel" question. i did not know there were small poles that poked through the cars sheet metal and glass. living on the East coast since 1979, i have seen what hurricanes can do with high winds. Quote Share this post Link to post Share on other sites More sharing options...
Roman Report post Posted January 27, 2010 ok, sorry about the "pea gravel" question. i did not know there were small poles that poked through the cars sheet metal and glass. living on the East coast since 1979, i have seen what hurricanes can do with high winds. I figured it was hail..... Quote Share this post Link to post Share on other sites More sharing options...
BLK85 Report post Posted January 27, 2010 What is a real estimate of damages? I saw a story that estimated $1.5 Million, then saw some of the pictures. That number seems awfully low, especially if the rumor in the other thread about a 250 Ferrari being there. Quote Share this post Link to post Share on other sites More sharing options...
Kevin2772 Report post Posted January 27, 2010 What is a real estimate of damages? I saw a story that estimated $1.5 Million, then saw some of the pictures. That number seems awfully low, especially if the rumor in the other thread about a 250 Ferrari being there. Its gotta be far more then that. I saw a lot of Shelby GT350 and GT500's which can go in the 6 figures and they were completely trashed. Not to mention say half the cars got damaged, thats only $7500 per car...which i would think seems a bit low. Id bet Jason's car has far more damage then that. And factor in a few of the totalled cars. Then again...who the hell knows. Quote Share this post Link to post Share on other sites More sharing options...
BLK85 Report post Posted January 27, 2010 That was my thinking as well. Quote Share this post Link to post Share on other sites More sharing options...
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