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  TX Kat abuse - again...Any lawyers out there? (Page 1)

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Author Topic:   TX Kat abuse - again...Any lawyers out there?
GoldRush

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From:Dallas, Texas
Registered: Jun 2002
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posted 10-11-2002 10:35 AM     Click Here to See the Profile for GoldRush     send a private message to GoldRush   Edit/Delete Message   Reply w/Quote   Search for more posts by GoldRush
Hello all.

Please allow me to vent...

I bought my Inca Gold the end of June this year. After months of thinkin about it, I finally went through with the deal. Everything was "Purrrfect" - until I moved. In August, I moved into some luxury apartments close to Downtown Dallas. Close to work, close to the action, etc.


Complex Info :
-Large 4 story complex with 4 level attached garages at each end. "Secure" gated community with gates to entrance of garage as well. I park on the 4th floor.

-Security on duty


incident #0.5 - August 2002:
*Doesn't really have to do with the rest of this post, just a chance for me to get some more sympathy

Someone backs into my car at the parking garage at work - passenger side bumper - only bumper needs to be replaced. The guy was cool about it and left his contact info. I got check from his Insurance to repair.


incident #1 - July 2002:
My Kat, still "bumper-fied" (bumper repair not yet done)...
During my first night at the new complex, someone keyed the driver's door, only about 3 inches long or so, nonetheless, I was maaaad. Some of you might remember the post I posted the very next morning - thanks for the sympathetic replies - got some more

My apartment management said they were not liable - since I signed a garage lease addendum. I decided to live with it and proceed no further in the matter. After all, the first scratch is always protection from other scratches on new cars - right?


incident #2 - August 2002:
My Kat, still "bumper-fied" (bumper repair not yet done), semi-keyed (still keyed on door)...
Came out to my Kat one morning and found new "body lines."
The culprits had keyed around the whole car - the only thing left untouched was the drivers quarter panel - oh, and they also busted out the passenger side taillight.

*I learned that another car was keyed that same weekend - 2002 Escalade, so I assumed the complex would be aware of the problem.

Once again, my complex gave me the same response...They are not liable. I did get the manager to pay half my deductible ($250), but I really did not want to file against my own insurance-but what was I to do? The damages were estimated at araoung $4000 - $5000, and would require a complete paint job on the Kat - due to the pearl and matching. And 4-6 weeks shop time w/no rental insurance. I know the difference between good and bad paintwork, so I was already getting disappointed with the whole idea of a new coat on my 2 month old Kat. Still waiting for Insurance check to start repairs.

incident #3 - October 2002:
My Kat, still "bumper-fied" (bumper repair not yet done), semi-keyed (still keyed on door), completely-keyed (you get the idea)...
This morning I walked out to my already "scarred" Kat and noticed the latest...3 cuts in the convertible top.
Now what do I do? I have a feeling that if I go to the complex again, I will get the same response.

Is there not some kind of inferred liability that the complex has to assume, since the complex has security on duty and/or the provide a gated community?


Where we (my Kat and I) are today:
My Kat, still "bumper-fied" (bumper repair not yet done), semi-keyed (still keyed on door), completely-keyed (you get the idea), and sliced(hope it doesnt rain)...

I like my car and I like my apartment, but can I have both- without spending a few grand extra a month for repairs?

What are my options at this point? Is there anything I can do legally? Like get some action taked against my complex?

option 1:
Put the car in the shop for Month and pay for the top out of pocket, and then hope/prey that the whole thing doesnt happen again.

option 2:
File new claim for top, and risk getting my Insurance canceled and then put the car in the shop for Month and hope/prey that the whole thing doesnt happen again.

option ...


Thanks for your ear(s)-
-George

------------------

>\\\\2002 INCA Gold ////<

-------------->O<-----
ModZ on the hoRiZon...

YellowFever
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posted 10-11-2002 10:47 AM           send a private message to GoldRush   Edit/Delete Message   Reply w/Quote   Search for more posts by YellowFever
Why is it the apartments fault at all? Yes, they do provide security but, that isn't stated to protect you and all your possesions from anything manmade or not 24 hous a day 100% of the time. No one can do that. If someone wants to do harm to you or your car, they can find a way. Atacking the complex because you don't know who did this to you (and probably because the complex would have more money then the perp) is the wrong way to go.

Unless the manager keyed your car I don't think you have any case against them.(especially if expressly written in a contract you signed).

At most apartments, you leave cars out, exposed, and fair game for anyone. The same would hold true if you experienced a hail storm at that complex. Would the management be liable because of the storm?

The question I would have is, "Why after the first or second incident did you still stay there?"

This message has been edited by YellowFever on 10-11-2002 at 10:55 AM

butchcee


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From:Lake Ariel, Pa.
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posted 10-11-2002 11:00 AM     Click Here to See the Profile for butchcee     send a private message to butchcee   Edit/Delete Message   Reply w/Quote   Search for more posts by butchcee
That sucks. Buy a hand gun and stand guard. Can you arrange for a parking spot closer to a security camera? Maybe you can put a listening device in the car that will tell you about what time all this is going on and you can arrange to whack the sucker with a bat if they try it again. Too bad some can't stand for others to have nice stuff.

This message has been edited by butchcee on 10-11-2002 at 11:00 AM

Bob Wyman


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posted 10-11-2002 11:31 AM     Click Here to See the Profile for Bob Wyman     send a private message to Bob Wyman   Edit/Delete Message   Reply w/Quote   Search for more posts by Bob Wyman
It's not the Apartment complex fault. Maybe you best bet would be to park the car somewhere else.

------------------

ben
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From:Bradenton, FL
Registered: Feb 2001
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posted 10-11-2002 11:35 AM     Click Here to See the Profile for ben     send a private message to ben   Edit/Delete Message   Reply w/Quote   Search for more posts by ben
I am an expert in security and video surveillance, and specialize in government security and industrial espionage. As a high profile security consultant, here is my advice.

The apartment complex isn't liable for anything. You signed a waiver. It will cost you more in legal fees which you cannot recover because of the signed waiver than the repair bill would cost you.

My advice:

The folks doing the damage to the vehicle are for near certain a the same person or group of persons each time. I hesitate to say kids, but it is most likely the case.

Purchase a wireless video camera that transmits from the garage to where your apartment is. Something like a wireless smoke detector that you velcro to the ceiling or something that looks like emergency lighting. Oddly enough, I manufacture them too and can help you price-wise as a "buddy deal".

Keep your VCR recording 24/7. If you want a 24hr realtime timelapse vcr I can loan you one for the time being.

Eventually, you will catch the kids when they "strike" next.

Once they strike, they probably live in the complex, have them arrested and use the tape as evidence.

My phone is 585-889-2321, I'm in the office about half of the time. The other half of the time, my cell # is 585-749-3338.

Regards,

-Ben

GoldRush

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From:Dallas, Texas
Registered: Jun 2002
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posted 10-11-2002 11:49 AM     Click Here to See the Profile for GoldRush     send a private message to GoldRush   Edit/Delete Message   Reply w/Quote   Search for more posts by GoldRush
Thanks for your thoughts.

I see your point that the complex probably should not be at fault, but the fact that they don't let residents know/warn about "bad activity" in the complex.

I guess the main reasons for not moving would be moving hassles and lease agreement, but the "moving expenses" are starting to look insignificant, and I have a feeling that I could get the management to let me out of the lease.

I am looking into some storage places down the street, so see if they have garages for lease to pack up my Kat when not in use. Or I could buy a trailer and use it as a "private" garage.

Honestly, as you can probably tell by my long posting(s), I just wanted to vent.

I just don't understand Vadalism. Theft I get-maybe the perp was hungry. The possiblity that this could be the acts of a neighbor just get to me.

I know there is probably no "real" answer here.
The main thing is to get my Kat back in action and lookin mean - asap

I have been wanting to attend some Texas POA functions, but my Kat has been "under the weather" pretty much since I have had it. I WILL meet you Texas Prowlers one day.

Looking forward:
Does anyone have an idea of how much to replace the top?

Thanks again for your time.

------------------

>\\\\2002 INCA Gold ////<

-------------->O<-----
ModZ on the hoRiZon...

TLRandall





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From:CALDWELL, TX, US
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posted 10-11-2002 12:59 PM     Click Here to See the Profile for TLRandall     send a private message to TLRandall   Edit/Delete Message   Reply w/Quote   Search for more posts by TLRandall
Your always going to have people that are jealous of nice stuff. That's what keeps people like me in business. Even if it's in a private garage, if it's exposed to others, the threat of damage is there.
If you want to keep people from tearing up stuff, these days, you have to keep stuff away from people. Other than standing next to it all the time, find a more secure place to park it. That seems like you only option.

------------------
2001 Mulholland Edition Prowler
2001 King Ranch Edition Ford F-150

just jack


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From:Oakmont, PA
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posted 10-11-2002 02:14 PM     Click Here to See the Profile for just jack     send a private message to just jack   Edit/Delete Message   Reply w/Quote   Search for more posts by just jack
Just out of curiosity... does the ex- girlfriend live near by? Or did you Pi-- someone off? The fact that they keep coming back to your car is a message in itself. I wish you the best. JJ.
GoldRush

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From:Dallas, Texas
Registered: Jun 2002
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posted 10-11-2002 02:28 PM     Click Here to See the Profile for GoldRush     send a private message to GoldRush   Edit/Delete Message   Reply w/Quote   Search for more posts by GoldRush
Jack,

Amazingly-I get that question a lot.
No ex's nearby, and I have not Pi-- anyone off...I don't think.

I know Inca Gold is a controversial color here on POA-but could it be that controversial out in the real world

Maybe someone just hates the color or hates the look of a Prowler with the top up.

???


------------------

>\\\\2002 INCA Gold ////<

-------------->O<-----
ModZ on the hoRiZon...

TriJim



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From:Chambersburg, PA
Registered: Jan 2002
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posted 10-11-2002 02:42 PM     Click Here to See the Profile for TriJim     send a private message to TriJim   Edit/Delete Message   Reply w/Quote   Search for more posts by TriJim
Gold -- I empathize with your plight. It's probably just someone jealous of what you have and they don't. I'm afraid that even if you catch the guy, word will get around and you'll never be happy with the current circumstances. I'd say your only options are move, sell kat, or find nearby secure storage. BTW -- I'd be happy to see you and your Kat at any function, with or without scratches. It's not about the appearance of the car as much as the camaraderie of Prowler owners. Good luck.
YellowFever
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posted 10-11-2002 02:59 PM           send a private message to TriJim   Edit/Delete Message   Reply w/Quote   Search for more posts by YellowFever
The fact that it keeps happening (and getting worse each time) says someone is trying to get a rise outta you.
Old girlfriend, business partner, friend, neighbor, someone.
Vandals are cowards and I doubt they would continue to do this to the same car and risk getting caught unless it was personal.

I'd say use the security camera, video tape them, then have them arrested, and then sue the carp outta them. Barring that, get the heck outta that complex before you develop one.

Kelley Austin

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From:Newport, Arkansas, USA
Registered: Dec 2001
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posted 10-11-2002 03:00 PM     Click Here to See the Profile for Kelley Austin     send a private message to Kelley Austin   Edit/Delete Message   Reply w/Quote   Search for more posts by Kelley Austin
Move
Todd Cameron
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posted 10-11-2002 03:02 PM           send a private message to Kelley Austin   Edit/Delete Message   Reply w/Quote   Search for more posts by Todd Cameron
It's just jealous immaturity. Some people cannot stand someone else has something they will never own and so have to destroy it for them. Very sad Best to move elsewhere with a real garage.

------------------
2000 Black, 2001 Black Tie, 2001 Orange

Ray
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posted 10-11-2002 03:45 PM           send a private message to Kelley Austin   Edit/Delete Message   Reply w/Quote   Search for more posts by Ray
Aren't all the really BIG garages down there in Texas anyway??
Ray
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posted 10-11-2002 03:45 PM           send a private message to Kelley Austin   Edit/Delete Message   Reply w/Quote   Search for more posts by Ray
Aren't all the really BIG garages down there in Texas anyway??


Oooops tried to delete teh dup pot but it wouldn't let me ... sorry

This message has been edited by Ray on 10-11-2002 at 03:46 PM

davide

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From:Weston, FL, USA
Registered: Jul 2002
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posted 10-11-2002 06:18 PM     Click Here to See the Profile for davide     send a private message to davide   Edit/Delete Message   Reply w/Quote   Search for more posts by davide
George, Sorry to hear about the vandalism. That suuuuucks! I like the idea about putting a smoke detector camera above the cat and transmitting to a vcr. Good luck.
taz
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From:Guernsey, Wyoming
Registered: Aug 2002
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posted 10-11-2002 06:50 PM     Click Here to See the Profile for taz     send a private message to taz   Edit/Delete Message   Reply w/Quote   Search for more posts by taz

That really stinks about your cat. Move to Wildoming we have our own form of justice out here. Actually I leave the keys in most of my cars all day and rarely lock my door. The trailer sounds like a good idea to me and I hope they catch whomever is doing this. I don't get it either why are people so mean.

sunbird

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From:Ridgecrest, California
Registered: Dec 2001
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posted 10-11-2002 11:41 PM     Click Here to See the Profile for sunbird     send a private message to sunbird   Edit/Delete Message   Reply w/Quote   Search for more posts by sunbird
I use the x10.com security cameras. They work great and don't cost an arm and a leg.

------------------

KatAddict


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posted 10-12-2002 08:30 AM     Click Here to See the Profile for KatAddict     send a private message to KatAddict   Edit/Delete Message   Reply w/Quote   Search for more posts by KatAddict
I think I would go rent a new Gold Kat,,,and sit near by out of sight all night and catch those bas(*rds Red Handed. God only knows what would happen next!!!!!
butchcee


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From:Lake Ariel, Pa.
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posted 10-12-2002 09:15 AM     Click Here to See the Profile for butchcee     send a private message to butchcee   Edit/Delete Message   Reply w/Quote   Search for more posts by butchcee
I still like my bat idea. BADDA BING-Fuhgedaboudit.
Hope you catch them.

------------------

Yellow is DCOOLEST

davide

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From:Weston, FL, USA
Registered: Jul 2002
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posted 10-12-2002 10:15 AM     Click Here to See the Profile for davide     send a private message to davide   Edit/Delete Message   Reply w/Quote   Search for more posts by davide
What about covering the car when it's in the garage with a car cover!??!
spoons


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posted 10-12-2002 01:18 PM     Click Here to See the Profile for spoons     send a private message to spoons   Edit/Delete Message   Reply w/Quote   Search for more posts by spoons
Doesn't the garage have a lock on the door?

When I live in Florida, I lived in an Apt Complex and I always parked the car in the garage with the door locked and car cover one it.

Maybe you should move?

------------------
Brian K. Richardson
Hartford, CT (Wishing I was back in Palm Beach, FL)
http://www.brianrichardson.net

1997 Purple W/ 1997 Mopar Trailer
TGF Metalcrafters Rear Spoiler ~ Splash Guards(Front + Back) ~ Ceramic brake pads (front) ~ "Cracked Ice" shimmers on rear bumpers ~ Magic Touch Design 2.2 Air Intake ~ Purple Painted Shift Bezel ~ Trailer Leather Bra ~ Complete, Speaker Upgrade ~ $15 chrome grill ~ 2001 Prowler Ignition Key
"Drive = Love"

Black Tie 161


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posted 10-14-2002 06:48 AM     Click Here to See the Profile for Black Tie 161     send a private message to Black Tie 161   Edit/Delete Message   Reply w/Quote   Search for more posts by Black Tie 161
That is a horrible story....

I honestly can say that if I did not have a house with a 2 car garage, and a spot at work where I can park right in front of my office window, I would not have bought the Prowler.

GoldRush

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From:Dallas, Texas
Registered: Jun 2002
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posted 10-14-2002 09:35 AM     Click Here to See the Profile for GoldRush     send a private message to GoldRush   Edit/Delete Message   Reply w/Quote   Search for more posts by GoldRush
Thanks to all of you for your thoughts.

I am going to talk to my apt management company today. I am going to ask if she can let me out of my lease without any penalties. I figure while my Kat is in the shop probably 6 weeks now. I will look to buy a house-I could use the the tax write-off

On the bright side, I can always use this opportunity to go all custom. I was thinking about getting the whole car painted with Colorshift paint. (at least if some people really didn't like the Inca Gold, they can just look at my Kat from a different angle!) .

-But First, I am going to spend a few hundred dollars on a paging alarm system.


Thanks again,
-George

------------------

>\\\\2002 INCA Gold ////<

-------------->O<-----
ModZ on the hoRiZon...

spoons


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posted 10-14-2002 10:49 AM     Click Here to See the Profile for spoons     send a private message to spoons   Edit/Delete Message   Reply w/Quote   Search for more posts by spoons
George,

The Colorshift paint requires you to carry a special insurance just on the paint, Because if you scratch one part of the car the whole car needs to be repainted. The paint can not me matched or blending.

Here are some color options:

1. Deep deep Candy Apple red (Corvette's Candy Apple)
2. Cuda Green!! wow that would be unique.
3. Candy dark green
4. Prowler Purple (You knew that was coming)
5. Wavey American Flag (Stas and Stripes)
6. NOT Inca Gold. LOL!!!

------------------
Brian K. Richardson
Hartford, CT (Wishing I was back in Palm Beach, FL)
http://www.brianrichardson.net

1997 Purple W/ 1997 Mopar Trailer
TGF Metalcrafters Rear Spoiler ~ Splash Guards(Front + Back) ~ Ceramic brake pads (front) ~ "Cracked Ice" shimmers on rear bumpers ~ Magic Touch Design 2.2 Air Intake ~ Purple Painted Shift Bezel ~ Trailer Leather Bra ~ Complete, Speaker Upgrade ~ $15 chrome grill ~ 2001 Prowler Ignition Key
"Drive = Love"


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