restoration shop lawsuit

6

66mussang

New Member

Oct 31, 2002

13

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charlotte

Jan 16, 2007

#1

• Jan 16, 2007

• #1

Has anyone ever had to sue a classic car restoration shop for fraud?

and, my lawyer wants a experts definition of what a "daily driver" is?

it's going to be a nasty fight, any help would be greatly appreciated.

 

xoxbxfx

Founding Member

May 9, 2001

3,959

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0

Southlake, TX

Jan 16, 2007

#2

• Jan 16, 2007

• #2

66mussang said:

Has anyone ever had to sue a classic car restoration shop for fraud?

and, my lawyer wants a experts definition of what a "daily driver" is?

it's going to be a nasty fight, any help would be greatly appreciated.

Click to expand...

good luck... i dont see you winning this one. the details should have been hammered out on paper BEFORE any work started.

As for my opinion, a "daily driver" would be a dependable rebuilt car...no high performance anything, just a simple stock motor. Safety would be very important so suspension and braking upgrades.

 

zookeeper

Founding Member

Aug 25, 2001

3,415

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109

Rogue River, Oregon

Jan 16, 2007

#3

• Jan 16, 2007

• #3

In my opinion, a daily driver is just that, a vehicle which is driven daily. For instance, it would be the primary car on your insurance as opposed to the secondary car. In my case, our Suburban is listed as the primary family vehicle, my pickup is a work vehicle, and the '68 fastback and my wife's '69 Corvette are considered pleasure cars, only driven on special occasions. That's pretty much the standard answer as far as legal definition, but if you were thinking of using daily driver to describe a level of restoration, that's a "gray area" at best. I've seen some pretty ratty cars used as drivers, but I've also seen cars much nicer than mine used for daily commuters. In general, I guess most people use the term daily driver to describe a car that has presentable paint, a clean interior and decent trim, but may be lacking in the details, like underhood detailing or a spotless chassis. It would also be a safe, dependable car mechanically.

 

LazerStang760

Founding Member

Mar 8, 2002

97

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California

Jan 16, 2007

#4

• Jan 16, 2007

• #4

To me a Daily driver is a car that is driven daily,like a normal car, doesn't really matter to much about it being a stock engine or not as long as its nothing that effects the driveablity of the car on a day to day basis. For example you can have headers, intake, nice carb,etc,etc...and still dive it to work daily. You wouldn't want some extreme gears or a 12 point roll cage........and if your driving everyday i would do all the common safety mods without a question

 

RogerC62

Founding Member

Feb 2, 2000

833

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Dayton, Ohio

Jan 16, 2007

#5

• Jan 16, 2007

• #5

I'm with XO on this. The definition of "Daily Driver" is as varied as the people. Since we don't know the details I'm just throwing out my thoughts. If you just told them the car is a daily driver or you wanted repairs done so the car could be used as daily transportation they could have just checked the fluids and tire pressure. They could have even taken a test drive but if specific work wasn't stated in writing, oh well. In my experience, before any work is performed on the car, a workorder is written out with an estimate given for the work then signed and/or initialed by the customer. The shop is then responsible for the work listed on the workorder. Lesson learned, discuss the repairs with the shop and get it in writing.

 

65ShelbyClone

Founding Member

Sep 9, 2000

4,675

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119

Antelope Valley, SoCal

Jan 17, 2007

#6

• Jan 17, 2007

• #6

Daily Driver - A Mustang that retains all the drivability, or nearly so, it had when new, regardless of performance. A car that can get stuck in an hour of gridlock without issue for the engine or driver and hasn't had a reliability issue for at least one year. A car that can be driven comfortably for at least 50 miles.

That's my fairly stringent definition, anyway.


My SVO could be a daily driver and in fact it was for some time. My '68 is noisy and overheats in the summer. I had to tear apart the rear and transmission several times since November, so reliable it is not.

 

4MuscleMachines

Member

Jul 20, 2005

417

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17

South Texas

Jan 17, 2007

#7

• Jan 17, 2007

• #7

Sorry to hear you are going to have to go through all that...do you mind filling us in?

 

Platonic Solid

Founding Member

May 29, 2002

1,960

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39

CT-USA

Jan 17, 2007

#8

• Jan 17, 2007

• #8

You need to tell us the context that "daily driver" was used in. Out of context it's simply a "status of use" term which implies nothing about quality of craftsmanship or appearance. After you provide the context, maybe "StangDreamin" can be of assistance. If memory serves, I think he is, or has been, a judge at car shows.

 

2nd Mustang

Founding Member

Feb 24, 2002

2,488

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46

Southern California

Jan 17, 2007

#9

• Jan 17, 2007

• #9

Both my 67 coupe or my Toyota pickup can be driven daily. I choose which to drive based on weather conditions and creature comforts. Good luck with your lawsuit. It's never easy.

 

M

mustangdave

My rearend needs a stud and two nuts.

Founding Member

Feb 26, 2002

2,976

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North Carolina

Jan 17, 2007

#10

• Jan 17, 2007

• #10

For purposes of the law, a daily driver would have regular insurance and not classic car insurance with limitations. A daily driver restoration is far more of a gary area but it would not have things such as a spotless, detailed undercarriage.

 

M

MDinDestin

New Member

Jul 16, 2005

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Jan 17, 2007

#11

• Jan 17, 2007

• #11

A daily driver to me is one that is nice and presentable and fully functional, but not a show car.

Say, a #3 to a #2 using Hemmings Old Car Price Guidelines versus a trailered #1 show car with mirrors underneath it at the show.

You wouldn't drive a #1 show car daily because it would be foolish to ruin the value by getting dirt and grime all over the chalk marks, etc.

 

M

mustangman1974

Member

Jan 17, 2004

463

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Jan 17, 2007

#12

• Jan 17, 2007

• #12

MDinDestin said:

A daily driver to me is one that is nice and presentable and fully functional, but not a show car.

Say, a #3 to a #2 using Hemmings Old Car Price Guidelines versus a trailered #1 show car with mirrors underneath it at the show.

You wouldn't drive a #1 show car daily because it would be foolish to ruin the value by getting dirt and grime all over the chalk marks, etc.

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I agree and I drive mine as a daily driver. As far as court goes, it would be returned to factory condition, without the consideration of "FORD" parts. I went through this with a body shop after my accident. Cost them +$8k in redone body work, and my rental car (2007 Mustang GT 70 a day) for over 3 months, but thats here in california. the BAR stepped in and said you suck and gona pay to fix it. They pulled some internet description and the the bar guy laughed.

 

S

Sicarius428

Active Member

Jan 6, 2004

2,085

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Jan 18, 2007

#13

• Jan 18, 2007

• #13

My take of a daily driver is your primary mode of transportation that is also reflected in your insurance. At a time my 70 mach 1 was my daily driver at 7mpg... that didn't last long... Show quality or not, Enzo or Kia, stock or HiPo, reliable or not whatever you go to work and back and get groceries in.
Kevin

 

6

66mussang

New Member

Oct 31, 2002

13

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1

charlotte

Jan 26, 2007

#14

• Jan 26, 2007

• #14

more to come

4MuscleMachines said:

Sorry to hear you are going to have to go through all that...do you mind filling us in?

Click to expand...

I can't give the whole story right now, but thanks for the interest.