The Swamp

Posted: **Wed Dec 30, 2020 3:03 pm**

tennbengal wrote: ↑Wed Dec 30, 2020 3:01 pm
BSF21 wrote: ↑Wed Dec 30, 2020 3:00 pm
tennbengal wrote: ↑Wed Dec 30, 2020 2:57 pm
A_B wrote: ↑Wed Dec 30, 2020 2:52 pm Having sold a car to car max there is a pretty good chance they didn’t know it wasn’t an original engine. So what seems likely to have happened is this dude found a buddy who could change his engine out with one from a junkyard so it probably never hit the car fax database. Not sure what kind of guarantees they have with buying a car there about inspections or the like.
Well, Inifinit immediately had the record of the change out, so I am pretty sure it wasn't the situation you described. It was on Inifinit's radar from their vehicle history report.
At the very least Carmax owes you the balance of the warranty they sold you that they won't honor since they didn't disclose that the engine didn't qualify.
Yeah, I may start there.

You're a lawyer. Use letterhead. vvv spooky.

Posted: **Wed Dec 30, 2020 4:29 pm**

mister d wrote: ↑Wed Dec 30, 2020 1:32 pm
rass wrote: ↑Wed Dec 30, 2020 1:30 pm I sometimes enjoy driving but GD do I hate everything else about cars.

Sorry man.
Yeah, cars suck just as much as home ownership and I wish it were plausible for me to opt out of both.

Cars are worse, because you can’t make money selling a car.

Posted: **Wed Dec 30, 2020 4:51 pm**

Magnus ver Magnusson wrote:Oh word?

Posted: **Thu Dec 31, 2020 10:32 am**

TB, have you looked into the state laws and regulations dealing with car sales? I think something like "has a replacement engine that they didn't disclose" might be something explicitly covered by a lemon law.

If not, I think you'd have a good claim to rescind the contract. Even if they didn't know about the replacement engine, if both contracting parties assumed and understood that the car had its original engine, and that assumption turned out to be untrue, that's a mutual mistake.

Posted: **Thu Dec 31, 2020 11:37 am**

So RE: rass' post. My buddy's girlfriend had her cat converter hacked out of her car last night.

Posted: **Thu Dec 31, 2020 11:55 am**

BSF21 wrote: ↑Thu Dec 31, 2020 11:37 am So RE: rass' post. My buddy's girlfriend had her cat converter hacked out of her car last night.

JFC.

I guess since no one carries cash anymore, and electronics are too cheap to be worth stealing, criminals have to be more creative?

Posted: **Thu Dec 31, 2020 12:07 pm**

Steve of phpBB wrote: ↑Thu Dec 31, 2020 11:55 am
BSF21 wrote: ↑Thu Dec 31, 2020 11:37 am So RE: rass' post. My buddy's girlfriend had her cat converter hacked out of her car last night.
JFC.

I guess since no one carries cash anymore, and electronics are too cheap to be worth stealing, criminals have to be more creative?

They've been stealing those for years. Camaro J had one ripped out at work. IN broad daylight.

Posted: **Thu Dec 31, 2020 12:10 pm**

A_B wrote: ↑Thu Dec 31, 2020 12:07 pm
Steve of phpBB wrote: ↑Thu Dec 31, 2020 11:55 am
BSF21 wrote: ↑Thu Dec 31, 2020 11:37 am So RE: rass' post. My buddy's girlfriend had her cat converter hacked out of her car last night.
JFC.

I guess since no one carries cash anymore, and electronics are too cheap to be worth stealing, criminals have to be more creative?
They've been stealing those for years. Camaro J had one ripped out at work. IN broad daylight.

Yep. Portable sawzall and you can be in and out in a minute.

Google says a hybrid one (she drives a Prius) goes for ~250 at scrap.

Posted: **Thu Dec 31, 2020 12:26 pm**

Steve of phpBB wrote: ↑Thu Dec 31, 2020 11:55 am
BSF21 wrote: ↑Thu Dec 31, 2020 11:37 am So RE: rass' post. My buddy's girlfriend had her cat converter hacked out of her car last night.
JFC.

I guess since no one carries cash anymore, and electronics are too cheap to be worth stealing, criminals have to be more creative?

I had someone once steal 16 of the 20 lug nuts on the wheels of my 2015 Altima. He was such a good guy to leave me with a single lug nut on each tire though. I was parked diagonally end of group, so when I approached the car, I was able to notice the missing nuts so I could get it towed (I had a service package with the dealer that allowed for this). To this day I feel I accidentally noticed it. But if I were distracted I’d have easily missed it.

Posted: **Thu Dec 31, 2020 12:43 pm**

My understanding is that Prius's are particularly prone to theft of their catalytic converter. Apparently, it is an easy one to steal/remove from the car.

The enabling bastards are the scrap dealers who pay cash to the thieves, so they can get the platinum in them.

Posted: **Sun Jan 03, 2021 9:12 am**

tennbengal wrote: ↑Wed Dec 30, 2020 1:24 pm Hi. It's me, the stupid lawyer and dumb consumer.

Have bought our cars at CarMax for a little over 20 years. No issues ever, I like the "price is the price" dealie and the ease of trade-ins.

But, they've now fucked me. Either vertantly or inadvertantly.

I splurged (pre-Jen losing her job) on a used 2016 inifinti QX50 w/ only 37,000 miles on it. Price was $22,000. This was May, during height of initial Covid. I didn't investigate that price in too much detail, but it seemed pretty fair from an SUV with that mileage from a quick glance at the 'net. Had the room I needed for four years of taking Q to college etc. Financed the car because, lol, I cannot stroke $20,000.00 checks.

About four months into ownership, check engine light comes on that persists. I take it to a trusted local shop and they do something with the oil pan. A few weeks later, light back on, this time I take to to Carmax and ask them to look at it. On that one I was able to use the "Maxcare Service Contract" that I had purchased (for $1800) for them to do a repair also around the oil pan I guess. Got a few days of free rental car.

Get it back, a few months pass, still a kinda burning oil smell but no engine light. Oil change reminder light comes on, so I take it to a good Jiffy Lube near me, and the very good person running the shop comes out and says, hey, you are a quart low, there is a leak in the pan, not huge, but definitely there, I can't in good conscience change the oil, you should take this somewhere and get it sourced.

So, a few weeks pass and this time I take it to an Inifiniti dealership figuring they will know what is up. What it turns out is up is...in 2018, Infiniti has a record on that car that the previous owner let the oil run down, got sludge, and ruined the original engine, and that what is in my car is a used engine of unknown provenance in terms of age etc. Inifinit can make the repair on this set of leaks (for $1700 - which, I guess, is not near as bad as it could have been but, yeah, with Jen's job situation, not great either), but they cannot guarantee me that other problems won't crop up with this unknown engine because, well, unknown engine. The Maxcare Service Contract I purchased won't respond to the repair because it is to the drive train, which should be under original warranty, except, well, it is NOT the original engine so they won't cover it.

So I have four years left of payments, a car with an engine that I will never be able to trust, and a sinking feeling over how dumb I am . I guess I should have called and gotten the service history on the car before purchase. I have never done that before, with any CarMax cars, but, is that on me? I guess it is. Arbitration provisions everywhere in the loan documentation. Not sure if I can avoid arbitration since a theoretical suit is over what CarMax knew when it sold me the car vs. what I should have done/what my responsbilities were. But , I fucked up, yeah? Or do you all think on those facts I should sue CarMax over the car and try and get them to take it back? I assume they won't take it back on the goodness of their hearts, but I have not yet gone to them with these facts to see if they will in light of 24 years of car payments to them for various cars.

It's okay to call me stupid. I am calling myself that.

Yay 2020.

I mean I probably wouldn't expect that either from a car I bought at a place like Carmax, where one of the selling points is that they inspect these cars before selling them to you and "stand behind (their) cars", which they apparently don't. I'm stunned they are trying to stick you with this, honestly.

At the very least they sold you a warranty on an item that did not exist, suggesting they fucked up on their due diligence as well.

Posted: **Wed Feb 17, 2021 1:01 pm**

LA got her car very likely totaled in a hit and run last night. With it being so cold here and roads not in the best of shape, she was going about 35-40 on an on ramp from one highway to the next. the guy behind her got upset and got on his horn and tried to speed around her before the ramp fully emptied out into the (left lane) of the highway

he either hit her car on purpose or lost control and the left front of his truck hit the back passenger door of her car and sent her skidding down a snowy embankment. she thank god hit a concrete wall that separated the other direction of the highway from the hill and that totaled her car. otherwise she'd have potentially crossed into traffic.

guy drove off but had a flat tire from the accident and ended up on the next exit about a half-mile away from the scene. police were able to find him because his vehicle matched the description that she and a witness who called the incident gave. so we thankfully (long story on our end that knock on wood won't ultimately matter) were able to make a claim with his insurance provider first thing this morning and get that process started. now we wait for the car to get taken to the body shop at the dealer by us today so we can go from there.

Posted: **Wed Feb 17, 2021 1:05 pm**

Scary! Hope that guy got to spend some time in the cooler for the hit and run!

Posted: **Wed Feb 17, 2021 1:06 pm**

Jesus. Is he arrested?

Posted: **Wed Feb 17, 2021 1:11 pm**

That sucks. Had a hit and run at the local gas station a couple of years ago. The gas station had cameras and with other eye witness accounts the local Barney Fife was able to find the guys truck while he was at work. The fucker that hit me was running late getting back to work from break.

Glad they got the asshole that hit her. Hopefully he pays a hefty fine.

Posted: **Wed Feb 17, 2021 1:40 pm**

mister d wrote: ↑Wed Feb 17, 2021 1:06 pm Jesus. Is he arrested?

I don't think so. I don't know for sure but from what I was told he tried to tell the police he was in front of her ... which nah. that's not gonna fly given the damage to his car, where his flat tire is and where the huge dent and black paint on her car is

it's also a great thing in this case (I think) that she hit driver's side on the wall. otherwise it's much harder to prove that he ran into her if she hits the wall that side.

we also made sure to report this to police last night via walk-in even though the police obviously responded. they're doing walk-in stuff for all non-injury crashes right now because of the weather but a cop was supposed to file a report since the car was towed and they had to help her. and I confirmed that they did file one on their end this morning. so now we wait until the body shop and the adjusters call us

Posted: **Wed Feb 17, 2021 1:48 pm**

What s this non-injury nonsense you speak of?

Posted: **Wed Feb 17, 2021 2:05 pm**

HaulCitgo wrote: ↑Wed Feb 17, 2021 1:48 pm What s this non-injury nonsense you speak of?

Ha ha, yeah! Whiplash can take a day or two to kick in. Think about it.

Posted: **Wed Feb 17, 2021 2:20 pm**

her neck is getting sore (I'm being serious)

Posted: **Wed Feb 17, 2021 2:41 pm**

That makes a ton of sense. Injuries from crashes can definitely take a day or two to show up. Leaving the scene of an accident involving injury is also a crime, not just a citation.

Posted: **Wed Feb 17, 2021 2:44 pm**

Only time this happened to me I went from "yeah, I guess my neck and upper back are a little sore" at 9:00 AM the morning after to almost throwing up in a Whole Foods around noon.

Posted: **Wed Feb 17, 2021 2:46 pm**

Brontoburglar wrote: ↑Wed Feb 17, 2021 2:20 pm her neck is getting sore (I'm being serious)

I got rear ended about 20 years ago, and the car hitting me was going maybe 5 mph. It left no damage to my car or his, so I told him to forget about it and left. The next day, my neck hurt like hell and it took several days to fully go away.

Posted: **Wed Feb 17, 2021 3:06 pm**

govmentchedda wrote: ↑Wed Feb 17, 2021 2:41 pm That makes a ton of sense. Injuries from crashes can definitely take a day or two to show up. Leaving the scene of an accident involving injury is also a crime, not just a citation.

Was gonna say this.

And, bronto, sounds like you've noodled out enough reasoning behind his culpability, but the other thing that makes very little sense is why (if she hit him) he was an exit up the highway and (apparently) only stopped due to the flat tire.

Makes zero logical sense.

Posted: **Wed Feb 17, 2021 3:07 pm**

Sabo wrote: ↑Wed Feb 17, 2021 2:46 pm
Brontoburglar wrote: ↑Wed Feb 17, 2021 2:20 pm her neck is getting sore (I'm being serious)
I got rear ended about 20 years ago, and the car hitting me was going maybe 5 mph. It left no damage to my car or his, so I told him to forget about it and left. The next day, my neck hurt like hell and it took several days to fully go away.

That matches my experience (though the dumbass was going more than 5 MPH - when I told the story here someone mocked it as the lamest collision ever as it involved my Saturn Vue and a burnt orange PT Cruiser).

Posted: **Wed Feb 17, 2021 3:08 pm**

Brontoburglar wrote: ↑Wed Feb 17, 2021 1:01 pm LA got her car very likely totaled in a hit and run last night. With it being so cold here and roads not in the best of shape, she was going about 35-40 on an on ramp from one highway to the next. the guy behind her got upset and got on his horn and tried to speed around her before the ramp fully emptied out into the (left lane) of the highway

he either hit her car on purpose or lost control and the left front of his truck hit the back passenger door of her car and sent her skidding down a snowy embankment. she thank god hit a concrete wall that separated the other direction of the highway from the hill and that totaled her car. otherwise she'd have potentially crossed into traffic.

guy drove off but had a flat tire from the accident and ended up on the next exit about a half-mile away from the scene. police were able to find him because his vehicle matched the description that she and a witness who called the incident gave. so we thankfully (long story on our end that knock on wood won't ultimately matter) were able to make a claim with his insurance provider first thing this morning and get that process started. now we wait for the car to get taken to the body shop at the dealer by us today so we can go from there.

Yikes. I am glad she's okay.

When you talk to your insurer, don't accuse the guy of hitting her car on purpose. Insurance only covers "accidental" losses.

Posted: **Wed Feb 17, 2021 3:15 pm**

mister d wrote: ↑Wed Feb 17, 2021 2:44 pm Only time this happened to me I went from "yeah, I guess my neck and upper back are a little sore" at 9:00 AM the morning after to almost throwing up in a Whole Foods around noon.

I was in an accident in my friend's Geo Metro. We were at a complete standstill on the MassPike and got rear-ended by an F-250. Driver said he wasn't paying attention and never hit the breaks. We smashed the trailer in front of us, and the F-250 smashed us again. My neck felt fine that night. Woke up the next morning with terrible neck pain that took months to fully resolve.

Posted: **Wed Feb 17, 2021 3:40 pm**

Steve of phpBB wrote: ↑Wed Feb 17, 2021 3:08 pm Yikes. I am glad she's okay.

When you talk to your insurer, don't accuse the guy of hitting her car on purpose. Insurance only covers "accidental" losses.

we hedged on that -- she took notes this morning and basically wrote down from memory everything that happened as I asked her questions for details, etc. so she essentially read from her notes on the statement. the witness also said that he "lost control" and hit her, so my guess piecing together everything is that he was mad, tried to show his displeasure while gunning it around her and hit a slick patch and smashed into her car.

she texted me "I just got hit" and I thought it was a fender bender type incident. I called back immediately and she told me what happened and I was like "is the car driveable?" because I don't think she truly had a sense of how fast she was careening down the hill. She stayed in the car and didn't think so, and they had gotten to her and gotten her out of the car by the time I was halfway there.

I never saw the car at the accident site because by the time that I got off the highway -- at the same exit where his truck was, crazy enough, I don't think i saw it because I was on the phone with her -- they wanted me to meet her at a gas station. So I figured 'well the bumper may be ripped off and a wheel may be bent but it doesn't seem too bad?'

I wasn't prepared for this. Tow guy flat out said that the wall saved her. (You can see the impact dent on that back passenger door and the black paint from the truck)

Posted: **Wed Feb 17, 2021 3:43 pm**

Nonlinear FC wrote: ↑Wed Feb 17, 2021 3:06 pm
govmentchedda wrote: ↑Wed Feb 17, 2021 2:41 pm That makes a ton of sense. Injuries from crashes can definitely take a day or two to show up. Leaving the scene of an accident involving injury is also a crime, not just a citation.
Was gonna say this.

And, bronto, sounds like you've noodled out enough reasoning behind his culpability, but the other thing that makes very little sense is why (if she hit him) he was an exit up the highway and (apparently) only stopped due to the flat tire.

Makes zero logical sense.

my buddy who works in the insurance industry kept harping on that too. the guy pulled his truck away from where he would have to go to turn around and get back on the highway and get back to the scene of the wreck -- and to my knowledge there's no indication that he tried to report anything himself.

Posted: **Wed Feb 17, 2021 3:52 pm**

Nice to see the Subaru protected her.

Posted: **Wed Feb 17, 2021 4:25 pm**

The Sybian wrote: ↑Wed Feb 17, 2021 3:15 pm
mister d wrote: ↑Wed Feb 17, 2021 2:44 pm Only time this happened to me I went from "yeah, I guess my neck and upper back are a little sore" at 9:00 AM the morning after to almost throwing up in a Whole Foods around noon.
I was in an accident in my friend's Geo Metro. We were at a complete standstill on the MassPike and got rear-ended by an F-250. Driver said he wasn't paying attention and never hit the breaks. We smashed the trailer in front of us, and the F-250 smashed us again. My neck felt fine that night. Woke up the next morning with terrible neck pain that took months to fully resolve.

Jeebus, Syb! You're lucky to be alive. Those are the "breaks" when somebody doesn't hit their "breaks".

Posted: **Wed Feb 17, 2021 4:55 pm**

Fuck Bronto, that looks ugly and scary.

Let's hope she remains all right.

If your insurer isn't coming through for you, or if you have any questions at all about the process, feel free to DM me. I've been through that process enough times.

Posted: **Wed Feb 17, 2021 4:57 pm**

awesome, will do, thank you. since they found him we got his insurance info and called them and are starting the process with them.

Posted: **Fri Feb 19, 2021 8:31 am**

lol, the body shop guy called me last night and said "well, I stopped counting at $32K worth of damage"

he's already passed that info on to the guy's insurance, so we now wait and see what they do. I also noticed as I was going back and looking at her pictures of his truck that there was police tape (not the caution tape) all over his truck. I'm guessing that *may* be significant regarding the police's side of this.

Posted: **Fri Feb 19, 2021 8:37 am**

Saw a car sitting stuck at a stop sign with the wheel at almost 90 degrees to the body. Not even sure what they did to make that happen.

Posted: **Fri Feb 19, 2021 9:59 am**

That is wild. A fender bender just cost (my insurance company) $11,000, so not surprised that this would get that high. These cars are designed to basically total themselves.

Posted: **Fri Feb 19, 2021 10:21 am**

Gunpowder wrote: ↑Fri Feb 19, 2021 9:59 am That is wild. A fender bender just cost (my insurance company) $11,000, so not surprised that this would get that high. These cars are designed to basically total themselves.

Which I guess is a good thing, compared to totalling their occupants.

Though $11K for a fender bender sounds crazy high. What are you driving?

Posted: **Fri Feb 19, 2021 10:44 am**

Bought a new car a couple months ago (Buick Tourx Wagon... like it a lot). Got a crack in the windshield this week. Drove for 4-5 years with a cracked windshield on the Jeep and not doing it again. Replacement suggestions?

Posted: **Fri Feb 19, 2021 10:48 am**

HaulCitgo wrote: ↑Fri Feb 19, 2021 10:44 am Bought a new car a couple months ago (Buick Tourx Wagon... like it a lot). Got a crack in the windshield this week. Drove for 4-5 years with a cracked windshield on the Jeep and not doing it again. Replacement suggestions?

IN Kentucky windshields are covered 100% on insurance policies. So you call safelite or whoever and they can handle the rest. But if you drove 5 years previously, that may not be the case for you.

ETA: Wow, only three states so this: KY, SC and FL. I know why Kentucky does it and it's because of coal trucks back in the day before they had have covered trailers.

Posted: **Fri Feb 19, 2021 11:06 am**

A_B wrote: ↑Fri Feb 19, 2021 10:48 am
HaulCitgo wrote: ↑Fri Feb 19, 2021 10:44 am Bought a new car a couple months ago (Buick Tourx Wagon... like it a lot). Got a crack in the windshield this week. Drove for 4-5 years with a cracked windshield on the Jeep and not doing it again. Replacement suggestions?
IN Kentucky windshields are covered 100% on insurance policies. So you call safelite or whoever and they can handle the rest. But if you drove 5 years previously, that may not be the case for you.

ETA: Wow, only three states so this: KY, SC and FL. I know why Kentucky does it and it's because of coal trucks back in the day before they had have covered trailers.

I though MA did this too.

Posted: **Fri Feb 19, 2021 11:13 am**

A_B wrote: ↑Fri Feb 19, 2021 10:48 am
HaulCitgo wrote: ↑Fri Feb 19, 2021 10:44 am Bought a new car a couple months ago (Buick Tourx Wagon... like it a lot). Got a crack in the windshield this week. Drove for 4-5 years with a cracked windshield on the Jeep and not doing it again. Replacement suggestions?
IN Kentucky windshields are covered 100% on insurance policies. So you call safelite or whoever and they can handle the rest. But if you drove 5 years previously, that may not be the case for you.

ETA: Wow, only three states so this: KY, SC and FL. I know why Kentucky does it and it's because of coal trucks back in the day before they had have covered trailers.

I've had two windshields repaired, 100% covered by insurance. Just leave the car in the driveway, Safelite came out and filled the crack. First one, you couldn't even tell there was crack. Current car has a small circle that I usually don't notice. Small cracks spread if you don't address them, so I would think most insurance companies want to address them before the get worse and potentially cause an accident.

The Swamp

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