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Subject Matter Expert(s) Needed

rodre

New Member
Joined
Apr 11, 2017
Messages
3
Location
Vancouver
My XLR/V(s)
2008 XLR-V
Hello,

I am the person who this article is about:

Owner’s 2008 Cadillac XLR-V Mistakenly Towed and Stored Outdoors for 6 Months

It was my vehicle that this has happened to. I have had no luck in trying to negotiate with Easy Park for the damages and losses that I have endured due to this issue. As such I have been left with no other option other than to take them to court. My council has asked that I reach out to the community and try and find some one who can speak as to the loss in value of my vehicle arising from this incident. My vehicle has about 34,000 kms on it, has always been stored properly with new engine oil, full tank of 94 octane gas with fuel preservative, covered, with the original factory car cover, in a climate controlled garage. As the article states it was never left outside or driven in the rain. As a result of this incident the driver side quarter panel and door had to be repainted due to a chip in the paint where the headlight meets the quarter panel, and the driver side headlamp replaced with a new one at $5500USD + tax and shipping. There was also a rats nest and I actually saw the rat when I went to lift the hood to reconnect the battery cables. The engine compartment had to have the hood insulator replaced and the engine shampooed. Despite it being painted at a GM dealership the paint job is horrible and needs to be redone. What I need is someone who can demonstrate extended knowledge in the value of these vehicles to be able to attest to the before and after value of the vehicle. While I obviously can not pay you for the assessment as it needs to be unbiased, I can pay for expenses, hotel and airfare should this person need to come to court to testify. The court would be held in Vancouver Canada. Thanks in advance for any information and leads.
 

XLRATING

Seasoned Member
Joined
Jul 10, 2011
Messages
1,817
Location
Virginia
My XLR/V(s)
2006 Infrared XLR (Beauty); 2008 GT500 (Beast); 2007 Black XLR-V (Victor)
Maybe try Barrett-Jackson or Hagerty, see if they can help on expert evidence on diminution in value due to the repairs needed. Sorry for your misfortune & good luck.
 

long Tall Sally

Seasoned Member
Joined
Sep 11, 2018
Messages
891
Location
Aiken SC
My XLR/V(s)
2008 xlr dove gray
In the united states diminished value is rather easy to prove. You just get bids on the car as is and then you supply proof of what the car was selling for before the damage. Once you start repairs then it gets much harder. if the paint does not match then that's a problem between you and the shop. That's going to be a really hard case I am sorry to tell you to prove. There are insurance experts in your area that do just that. Once you start repairs then the amount really comes down. If your car was worth 40,000 when you parked it and the highest bid with damage you can get is 20,000 then your loss is 20,000. Are you paying for the work so far? if you let your auto comprehensive pay you most likely turned over any claims to diminished value to them. At the least you will need an attorney and a local expert to try and collect something. I hope you can find someone locally to help you and get it worked out. In most courts in the USA once all the repair where paid you would get 10% of the before value of the car. Accidents that have injuries usually get a little more that 10-15% is pretty much what I have seen and that usually pays the legal fees and the expert. Hope that Canada has better laws to protect you. Maybe some of the Canadian experts can help you .I truly hope so.
 

James Landi

Seasoned Member
Joined
May 21, 2017
Messages
94
Location
Camden, Maine, and Melbourne, Fl.
My XLR/V(s)
2007 (red) with wire grrile
Rod,
Great advice from two "posters." I hope most XLR owners read the news article. I'm all but certain that you're convinced, having much more evidence than I, that what occurred was hardly an error, but rather some criminal scheme to extort money from you. I'm also certain that you're aware that proving intent is TV fiction when compared to the legal costs associated with doing so through the legal system. I'm wondering if other customers have experienced the same questionable activities. It's simply hard to conceive of this as an "honest mistake.: Have you checked Google and Yelp? Wishing you all the best in your efforts to reclaim some money for these damages to your beautiful car. James
 

XLRATING

Seasoned Member
Joined
Jul 10, 2011
Messages
1,817
Location
Virginia
My XLR/V(s)
2006 Infrared XLR (Beauty); 2008 GT500 (Beast); 2007 Black XLR-V (Victor)
I can throw out a recommendation on getting the paint re-done - if you can swing it, forget about the dealership and look for someone who paints classic cars or customs. I had a similar chip issue where the dealer wanted to re-do the entire panel. I was lucky enough to have a VERY picky friend who has a top rank show car, & got a recommendation for a painter from him. The guy was able to paint only the chip and blend it so you would never know it happened. One-third the cost of re-doing the whole panel and blending all the adjoining panels to match. Hope you can find something similar.
 

long Tall Sally

Seasoned Member
Joined
Sep 11, 2018
Messages
891
Location
Aiken SC
My XLR/V(s)
2008 xlr dove gray
I think he already had the dealer attempt to paint the panel and the job did not turn out. Most likely they cleared the whole panel and will have to do it again. If the insurance paid they wont get involved in any payout for shoddy work. IN fact I have seen insurance companies when pushed charge a betterment for something like a new headlight. They always do when they put on a new tire. The charge something for the amount of wear that was on the old tire. A good used excellent headlight runs around 3500 so 55oo for a new one might actually wind up getting a betterment charge. So one has to have their ducks in a row when going after a depreciation settlement. I have seen several cases in court where cars were claimed to neve seen rain and although a good selling point I never saw a dollar value added for this. Someone else may have and I would love to hear about it
 

James Landi

Seasoned Member
Joined
May 21, 2017
Messages
94
Location
Camden, Maine, and Melbourne, Fl.
My XLR/V(s)
2007 (red) with wire grrile
Rodre: I read today and immediately thought of you--- "The greater Toronto area has been the site of dozens of arsons of tow truck businesses, as well as several shootings related to the industry. One reason is an ongoing turf war between the many companies in the space, and it’s drawing the attention of the Ontario premier. The fight stems from the finder’s fees that garages will pay to tow truck drivers and the bare-knuckle tactics of accident-chasing drivers racing one another to an easy profit. Organized crime has moved into the space as well, having sniffed out the lack of regulation — towing is regulated at a municipal level, and only 17 of Ontario’s 444 municipalities have unambiguous rules about towing — and the ample cash in the business for an unscrupulous operator willing to resort to brutal tactics." Wonder if you've had any resolution to your horror story. James
 

Jayharrington

Active Member
Joined
May 4, 2020
Messages
28
Location
New York
My XLR/V(s)
2009 XLR Platinum, Black on Black on Black
Hello,

I am the person who this article is about:

Owner’s 2008 Cadillac XLR-V Mistakenly Towed and Stored Outdoors for 6 Months

It was my vehicle that this has happened to. I have had no luck in trying to negotiate with Easy Park for the damages and losses that I have endured due to this issue. As such I have been left with no other option other than to take them to court. My council has asked that I reach out to the community and try and find some one who can speak as to the loss in value of my vehicle arising from this incident. My vehicle has about 34,000 kms on it, has always been stored properly with new engine oil, full tank of 94 octane gas with fuel preservative, covered, with the original factory car cover, in a climate controlled garage. As the article states it was never left outside or driven in the rain. As a result of this incident the driver side quarter panel and door had to be repainted due to a chip in the paint where the headlight meets the quarter panel, and the driver side headlamp replaced with a new one at $5500USD + tax and shipping. There was also a rats nest and I actually saw the rat when I went to lift the hood to reconnect the battery cables. The engine compartment had to have the hood insulator replaced and the engine shampooed. Despite it being painted at a GM dealership the paint job is horrible and needs to be redone. What I need is someone who can demonstrate extended knowledge in the value of these vehicles to be able to attest to the before and after value of the vehicle. While I obviously can not pay you for the assessment as it needs to be unbiased, I can pay for expenses, hotel and airfare should this person need to come to court to testify. The court would be held in Vancouver Canada. Thanks in advance for any information and leads.


Rodre - I'm sorry to hear about this. First, I think the community feedback on this is solid - I do hope you get justice. Second, keep us posted - as an attorney myself, I'm very interested in how this plays out. Good luck brother!

Jay
 

Batmobile

Active Member
Joined
Oct 23, 2019
Messages
31
Location
Saudi Arabia
My XLR/V(s)
2007 Raven Black XLR-V
Sorry to hear about this, man. Hope you get her back up and in shape real soon.
 

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