Glenn2008

iTrader: (3)

I don't understand this at all. It doesn't make any sense. If I lose control of my car, unless there is some underlying problem with it that is known to the dealership, how can I sue anyone for my poor judgement? Was the driver drunk, driving at a high rate of speed, text messaging? I also own a AP1 Honda S2000, no traction control, and many have been racked up because the drivers just don't know how to handle a rear wheel drive car.

10Gee37exeS

iTrader: (1)

Being from Jersey...and all this other negative publicity going on...This is another black mark on Jersey. everything comes from the top down...corrupt state gov't, leads to corrupt local gov't, leads to corrupt businesses....Then again we can go a step higher and say corrupt national gov't....I call it a form of "legalized mafia."

mathnerd88

iTrader: (1)

Think about it. Would Ramsey Infiniti's insurance have paid if they had no liability of any of the damages? The car isn't a rear wheel drive vehicle. It is AWD, and the fact that he got an Infiniti loaner means that he has another Infiniti in service (most likely another RWD biased car) similar to his own.

Insurance companies ALWAYS will get out of payment if they have no liability. They have lawyers as part of their staff payroll so fighting it out in court won't cost them anything except court fees (which are minimal.)

I've already told you my experiences with them. They have incompetent service people who won't do the proper safety checks. I got a loaner with a big chunk of tire missing from its sidewall from a previous accident. They didn't care nor apologize. A blown tire from the sidewall at highway speeds can EASILY cause the driver to lose control. I'm not saying that happened, but there could be many things that the dealer neglected to do safely before giving someone the loaner.

mathnerd88

iTrader: (1)

http://www.co.burlington.nj.us/Uploa...mages/1246.pdf

Apparently, the driver was high on marijuana and Xanax at the time of the accident.

Not sure really what was going on. There was a bag of marijuana found in the car.

Later that same year, he was also arrested for criminal possession of a controlled substance, criminal possession of a weapon, and possession of marijuana.

http://nypost.com/2012/11/27/nypd-daily-blotter-3784/

The driver needs to be away from the streets for a very long time. He should be put in jail.

Glenn2008

iTrader: (3)

^Again, how in the He** did they even get to bring this suit?

mathnerd88

iTrader: (1)

Same reason if your equipment was used to cause bodily harm to others. Did you know that you can be sued and lose if someone on your property slips and falls and has injury? Even if the person was a burglar coming to rob your house they would still win a lawsuit.

If your property was used to cause damage to someone else, then you are partially liable, especially if you didn't report it stolen. You let someone use your property to cause damage to someone else. You name everyone in your lawsuit that has some blame. Ramsey Infiniti let the driver borrow their car, and also has liability in cases like these.

If I let you borrow my car and you crashed it into someone else with bodily injury, you are liable as much as I am. If you can't pay, then I have to pick up the tab for you. (Or rather, my auto insurance.) This is why you never let others borrow your vehicle. You're basically entrusting your property to someone else and you let them use it. You are still responsible for your own property, because you let negligently let someone else use it.

Property damage is slightly different (driver at fault/borrower will pay for damage.) But this case is bodily injury and death, so special rules apply. Injury cases make everyone who is involved liable, and they're usually multi-million dollar lawsuits.

Glenn2008

iTrader: (3)

The land of "not my fault man."

4rnr

you have the right, to sue anyone.. years ago I remember a KC Chiefs player was driving his SUV on the way to the airport, it was a snow storm, ice on the roads, etc he was driving at 80MPH lost control and died. His mother tried to sue the KC Chiefs, FORD motor company, the tire company (cant remember the name) and the city of Kansas City, she didn't mention that her son, the football star, was driving at 80MPH on icy roads in a snow storm, was high on cocaine and marijuana, also was 3 times the legal limited for alcohol, yes it was thrown out of court IIRC, but the point is, you can sue anyone you want anytime you want.

RISKY GUY

iTrader: (9)

This is serious problem across the country, but Staten Island is ground zero for oxycodone. Drs wrote enough prescriptions to kill half the borough with pills.

Junkies don't belong driving, Ramsey effed up in plain English.
Sorry, you don't loan cars out if someone is high. Especially doped out, so easy to see the speech slurred & the nodding off.
If he showed up **** drunk, doubtful he would have had the keys.

Have a link to a massive bust costing taxpayers millions.

Time to move, this crap is outta control.

mathnerd88

iTrader: (1)

You can sue anyone for anything, but it would be a waste of time and money if you know you can't win =)

Plus if you sued randomly for random things, the judge can impose damages on you that you have to pay the defendant if you were just frivolously suing.

G37Sam

Ok let me see if I got this right:

A dealership gives a loaner car out of good gesture -> Driver loses control of the car and kills himself +1 -> Wife sues dealership for 2.5 mil

How on earth is that logical? I know insurance should cover it just like it would cover any accident, but why is the dealership liable?

mathnerd88

iTrader: (1)

Read more carefully. The driver didn't KILL himself. He got into an accident and killed his passenger. The driver was high on drugs (marijuana and Xanax) and a bag of marijuana was found in the car. The wife of the deceased sued the driver and the dealer that provided the driver with the car. The wife didn't sue the dealer for $2.5 million. She sued the driver and the dealer together for damages. Most likely she was going to get more if she went through court but they all decided to settle for $2.5 million.

A dealer's property was used in a crime and caused bodily injury.

If I let you borrow a potential weapon, and you use it to kill/injure someone, I will be liable for some of the damages, because I gave you the means to do so. It is very similar like giving an irresponsible person a knife that he used to stab someone else.

The dealer was being "negligent" for not having the proper background checks and handed over a potential weapon to an irresponsible party.

You can read all about it here:
http://www.nolo.com/legal-encycloped...you-29731.html
http://en.wikipedia.org/wiki/Negligent_entrustment

G37Sam

Does the driver work for the dealership?

notapreppie

In all likelihood, the dealership settled to avoid the more expensive potential alternative of losing on the litigation. Since the dealer's insurance company was probably footing the bill either way, they probably did the research on similar cases and decided that it would be cheaper to pay $2M than potentially pay for court costs, legal defense, loss of reputation in the community and the larger damage award.

There's no actual evidence that the car was mechanically unsafe at the time of the accident.

RISKY GUY

iTrader: (9)

^This, it's a loose / loose situation for the dealership.
I'm sure NJ state police checked for mechanical failure. You can be sure they looked into it.
Just amazed how the driver didn't end up doa?
It's the equivalent of when drink drivers kill others not themselves.

When I made this thread, was not my intention to imply that Ramsey did anything wrong.
Nor was I aware the driver was high & on heavy meds.
Not that that matters, at this point the damage has been done.
The point was to take it easy in the loaners.
I'm sure many members here are guilty of driving it like you stole it.
Only once did I get on it, for me I just kept thinking last thing I want to crash a loaner.

Just be careful ladies & gents.