Junkman2008 Posted January 5, 2012 Share Posted January 5, 2012 Junkman, the only problem I see with small claims at this point is Brendon's lack of paper work from the dealer. Something the dealer obviously went out of his way to do; make sure Brendon has nothing to back up his claim. Don't judges usually want proof in writing, even in small claims? In small claims court, the amount of evidence needed to get a judgement is referred to as a "preponderance of the evidence". This preponderance is based on the more convincing evidence and its probable truth or accuracy, and not on the amount of evidence. In a criminal trial, that quality AND quantity of evidence required is much greater because there must be "no reasonable doubt" in order to secure a conviction. It's not about quantity in small claims but more about the quality. I doubt insurance would come into play. IANAL, but I think NC has a $5,000 limit for small claims, you could try that route. See my first post in this thread. Link to comment Share on other sites More sharing options...
Tim Posted January 5, 2012 Share Posted January 5, 2012 In small claims court, the amount of evidence needed to get a judgement is referred to as a "preponderance of the evidence". This preponderance is based on the more convincing evidence and its probable truth or accuracy, and not on the amount of evidence. In a criminal trial, that quality AND quantity of evidence required is much greater because there must be "no reasonable doubt" in order to secure a conviction. It's not about quantity in small claims but more about the quality. See my first post in this thread. Somehow, I missed a few posts. Sorry. Link to comment Share on other sites More sharing options...
the1inblue Posted January 5, 2012 Author Share Posted January 5, 2012 Well checked it with my insurance company today and they said I'm not covered for faulty workmanship. Sounds like I'm stuck talking with talking with the owner or making a small claim against them. Im glad Im a police officer because I know all the civil law here and I know all the magistrates because i deal with them on a regular bases. So I atleast have a good standing if it does go to court. Sent from my DROID BIONIC using Tapatalk Link to comment Share on other sites More sharing options...
Junkman2008 Posted January 5, 2012 Share Posted January 5, 2012 Well checked it with my insurance company today and they said I'm not covered for faulty workmanship. Sounds like I'm stuck talking with talking with the owner or making a small claim against them. Im glad Im a police officer because I know all the civil law here and I know all the magistrates because i deal with them on a regular bases. So I atleast have a good standing if it does go to court. Sent from my DROID BIONIC using Tapatalk Thus the screen name. I should have caught that. Then what the hell are you waiting for? You should have been at the courthouse steps yesterday! This clown is not going to give you what you want so don't waste your time. Sue his azz! Link to comment Share on other sites More sharing options...
Marre Posted January 5, 2012 Share Posted January 5, 2012 Here i fixed your post's...Im not the guy whos going through the current issues, i was that guy a year and 4 months ago I couldnt agree more, i found most GM dealers to be wickedly sneaky. by the time my claim was finished i had taken my truck to 9 different dealers and 1 chevy dealer that was nice enough to look at my truck. Thanks for fixing my post. I have no idea where I came up with the wrong name. Sorry Jon. In small claims court, the amount of evidence needed to get a judgement is referred to as a "preponderance of the evidence". This preponderance is based on the more convincing evidence and its probable truth or accuracy, and not on the amount of evidence. In a criminal trial, that quality AND quantity of evidence required is much greater because there must be "no reasonable doubt" in order to secure a conviction. It's not about quantity in small claims but more about the quality. Thank you for clearing that up. Well checked it with my insurance company today and they said I'm not covered for faulty workmanship. Sounds like I'm stuck talking with talking with the owner or making a small claim against them. Im glad Im a police officer because I know all the civil law here and I know all the magistrates because i deal with them on a regular bases. So I atleast have a good standing if it does go to court. Sounds like small claims is your best bet. Even better that you have an advantage with your position. Link to comment Share on other sites More sharing options...
Z71_Denali Posted January 5, 2012 Share Posted January 5, 2012 you might still have time to ask the dealer and body shop for all the paperwork. they know the work had been done, they should be able to give you proper documentation. good luck! i would've taken the easy way out and just filed it under insurance, but looks like your not covered Link to comment Share on other sites More sharing options...
Golf for Life Posted January 5, 2012 Share Posted January 5, 2012 Thus the screen name. I should have caught that. Then what the hell are you waiting for? You should have been at the courthouse steps yesterday! This clown is not going to give you what you want so don't waste your time. Sue his azz! I would give the owner of the dealership another chance to make this right. I would not threaten or go off on any of them, just keep your cool as best you are able. If you get nowhere then you have no choice and as A.J. stated "SEW his A$$." Link to comment Share on other sites More sharing options...
the1inblue Posted February 2, 2012 Author Share Posted February 2, 2012 Well got I picked my car back up Tuesday from the bodyshop and well its not half bad. Supposedly the body shop bought a adams pc kit for its final polishing. Well they suck lol but its better than it was. They should watch the videos. There are no more runs or clear coat issues. They didn't repaint the stripes but they did put the cyber gray vinyl stripes back on. I was able to chose the company to apply the vinyl. I started on detailing the car today. I got the engine and wheels done. Tomorrow is a strip wash then onto claying it and polishing it. Pics will be posted once I completed everything. Thanks to everyone support and Im glad I got my car back. Sent from my DROID BIONIC using Tapatalk Link to comment Share on other sites More sharing options...
Corners Posted February 2, 2012 Share Posted February 2, 2012 ask to talk to the manager or the owner of the dealership start contacting GM themselves ride it all the way to the top asap. Either they pay to have it done at a pro shop or they give you a new car this is totally rediculous in my opinion also tell them you want the DM's info and start formal complaints with everyone including the BBB if you have to. Received my new Dodge crew cab outdoorsman on 9 Dec. Due to a "few" problems I made them buy the truck back and on Mon. of this week I picked up my NEW Dodge Crew cab outdoorsman. DOCUMENT: Open Formal Claim - "ALL" dates, times, places, conversations, phone numbers, names, etc. Remain calm, don't be yelling at anybody - be "Professional" at all times! Good Luck. Link to comment Share on other sites More sharing options...
the1inblue Posted February 2, 2012 Author Share Posted February 2, 2012 Everything is settled now. Sent from my DROID BIONIC using Tapatalk Link to comment Share on other sites More sharing options...
Marre Posted February 2, 2012 Share Posted February 2, 2012 I'm glad to hear it's worked out for you and that you don't have to go through any more hassles with this than you already have. And have fun making it look the way you know it should look. Link to comment Share on other sites More sharing options...
Corners Posted February 2, 2012 Share Posted February 2, 2012 Everything is settled now. Sent from my DROID BIONIC using Tapatalk Glad to hear that. I just now got off the phone with Dodge concerning my "second" new Dodge Outdoorsman which I took delivery of Monday. Filed "another" new claim against this truck, have Claim # - all documented. Link to comment Share on other sites More sharing options...
ArmyAcadia09 Posted February 2, 2012 Share Posted February 2, 2012 not to thread jack but what happened now bill? Link to comment Share on other sites More sharing options...
Golf for Life Posted February 2, 2012 Share Posted February 2, 2012 Everything is settled now. Sent from my DROID BIONIC using Tapatalk Good to read that you have your Camaro back and now you can give it a proper detail. Link to comment Share on other sites More sharing options...
Corners Posted February 2, 2012 Share Posted February 2, 2012 not to thread jack but what happened now bill? Got the NEW Truck on Monday. Same original (first two problems) that I had with the original one. The fastest MPH the truck was driven is displayed when I got it as being driven 81 mph. Yesterday while driving, the radio quit playing for awhile. I couldn't re-set the MPH driven on the first truck and now can't re-set the MPH driven on this new one. This is how it all stated with the Black truck. Like to know why the dealer, this truck came from, drove it 81 mph. It showed it had 6 "original" miles on it. Link to comment Share on other sites More sharing options...
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