Help!!!

[v8killer]

In June of 2005 my supercharged engine failed for the third time.There have been various explanations for each failure (split second box/etc.)
I have had my car down with my local mechanic (the one who installed the SC)for 1 year and 9 months and either he does not have the motivation or capability to finish my car.The mechanic I am talking about keeps telling me is almost done with it but of course he is never true to his word and appears he really has no intention of finishing it.For over a year he stored the car away from his shop in an OUTDOOR and UNCOVERED storage lot.I dropped in one day to check on the progress of my NSX and found in a disgusting state.The car looked like it had been stored outside in the AZ desert getting rained on with the WINDOWS DOWN the custom Gewalt wheels and the stereo had been stolen.Of course he didn't inform me or call the police.There is much more but I will end my rat there.

I am looking for a mechanic to put my car back together and an attorney to advise me of my options to recover my damages and stolen property.I will post pictures as soon as I can get it figured out.Prepare yourself the pictures are shocking.

Thank You,

Wayne Harmon D.C.

 

[TyraNSX]

If you haven't yanked it out of there I would take lots of pictures & bring some witnesses to show this happened at the garage. Once it leaves, he can say it happened in your driveway & the car was fine when he had it. Then call the cops to report the theft & vandalism. Let them deal with it from there & then call your lawyer. Good luck with this obvious hacker con-artist shop.

 

[Matt_337]

Isn't SoS in Arizona?

Sorry to hear about this and I hope things work out.

 

[v8killer]

It is NOT SOS. They have always been great to me.

 

[Hal_396]

Hopefully you can get Chris at Science of Speed to feel sorry for you and your car. It will be an expensive fix from the pics. I would get the car out of there ASAP after reporting it to local law inforcment.

Did you have insurance on it?

 

[Matt_337]

What I meant was, can't you get SoS to fix your car? You asked for a mechanic, I was giving a recommendation.

 

[ExCfive]

Holeeee Crap!! Why would you leave it there for .....what, 1 year and 9mos. without checking on it??? He is definately a scumbag of a businessman but IMHO some of this is on you for letting it go on for so long! I hope you get it all sorted out and can put the screws to him.

 

[BD]

First off, you have BBSC, you probably should consider removing it. Many S. Cal guys experiencing problems with that unit, and they are know to screw up. With 13lb boost, you are looking for trouble!!!

Also, if you have the problem taking care off, look into AEM if you haven't.

 

[scorp965]

I would also put in a recommendation for Science of Speed - they're local (same state), and they put together another project car for a member of prime not that long ago - they can at least give you an honest breakdown of where to go from here, the car certainly looks like a big project... there aren't that many places to take something this large.

If I were you I would document the damage, file some sort of report with the police with regards to the damage and stolen items, contact your insurance company and have an adjuster look at the car, and go from there. With the condition of the interior, and the need for significant mechanical work, the car might actually be more of a total than a project, there could be mold, etc. issues, the wiring could be damaged from both the theft and the weather affects, etc.

It's also possible your insurance company could go after the shop for you, if they decline to cover the car then proceed with a private lawyer, or you could do both... Either way, best of luck with your situation.

 

[argon_nsx]

Are you kidding? Is this thread a joke for insurance fraud or something? You left an NSX with someone for over a year? Didn't ask where it was being stored... didn't check on it once a week or something? I don't leave my NSX with anyone... I stay with it while they work on it. Window tinting/mechanical work... you name it... and if they don't let me stay with it while they work on it I choose someone else to do the work... end of story. I take it in and they fix it while I am there and then I take it home. It's fun b/c I talk to them and learn about the car/what they are doing while they work. It is always garaged... So I must say it is terrible that this happened (if it did) but you are responsible for the security of your car... you decide where to take it... you should make sure it is stored inside and in a safe location... and that it is on a schedule to be fixed. If you decide to leave it with an irresponsible ghetto mechanic and he leaves it in some field and you never asked him where it was.. what was going on... you brought this upon yourself. After having said that... I have no idea legally who is "responsible" but you should try to take some sort of legal action... if you can.

 

[davidkimchee]

they stole your rims and put stock ones back on?

things that make you go hmmm......

 

[clr1024]

IMHO some of this is on you for letting it go on for so long! I hope you get it all sorted out and can put the screws to him.

Thats like blaming a victim in a murder case for getting in the way of a knife!

The mechanic is a scumbag and a liar, its unfortunate and hopefully justice will be served or at the very least hopefully insurance helps.

 

[heySkippy]

I have no idea legally who is "responsible" but you should try to take some sort of legal action... if you can.

Look up the term "bailee". The mechanic with whom the car was left is responsible.

 

[minervoflorida]

I am sorry to hear of your problem, a friend of mine had this same thing with his Porsche.

I ALWAYS use the dealer or if you must a super shop with PERFECT recommendations.

I hope all others in the future use mostly a dealer with a certified tech, worth the extra money in the long run.

Do what the others suggested RIGHT NOW.

 

[Modernceo]

Amazing.
Your a patient man. I could never have my car down that long.

 

[v8killer]

I have owned the car for 5 years and it has been in the mechanics shop for 4 of those years on and off under the BBSC debacle.Maybe Argon_NSX is right and I should have pitched a tent in the reputable (at the time) mechanics garage for 4 years.This mechanic is supposed to be the number ONE BBSC authority. The last 1 year and 9 month in only part of the story.

 

[clr1024]

This mechanic is supposed to be the number ONE BBSC authority. The last 1 year and 9 month in only part of the story.

Shouldn't that be Mark Basch:smile: I believe some people have had good luck with the BBSC, but those that did went with a different EMS, AEM or other. I would take Matt_337's advice and take it to SOS once you sort out all the documentation, pictures, police reports etc. Owneing the car for 5 years and having it at the mechanic for 4 I'd be one pissed off customer!

 

[MJK]

Shouldn't that be Mark Basch:smile:

Who says it is not?

Basch Accurate Service is in Tempe. Doesn't sound like MB to treat anybody this way, but that is how I am reading V8killer's thread. (car has been there before, MB is in the area, 'reputable at the time', the #1 BBSC comment...etc)

Personally, if my car was gone for this long and neglected I would be PISSED.

V8-good luck getting this sorted out. As EVERYONE else has said: get a lawyer and document EVERYTHING.

 

[ChopsJazz]

Argon-nsx, you couldn't be more wrong. Perhaps the owner could have chosen a better repair facility, but the repair facility is the responsible party.

Are you kidding? Is this thread a joke for insurance fraud or something?... After having said that... I have no idea legally who is "responsible" but you should try to take some sort of legal action... if you can.

You're right, you have no idea.



From Wikipedia, the free encyclopedia

Bailment describes a legal relationship in common law where physical possession of personal property (chattels) is transferred from one person (the 'bailor') to another person (the 'bailee') who subsequently holds possession of the property. However, it is distinguished from a contract of sale or a gift of property, as it only involves the transfer of possession and not its ownership. In order to create a bailment, the bailee must both intend to possess, and actually physically possess, the bailable chattel.

In addition, unlike a lease or rental, where ownership remains with the leasor but the lessee is allowed to use the property, the bailee is generally not entitled to the use of the property while it is in his possession. Moreover, unlike a security agreement or pawn at a pawnbroker, where the secured party is entitled to the possession and use of the property only on default of payment, a bailor can demand the return of the property at any reasonable time, without prior notice. A common example of bailment is leaving your car with a valet. Leaving your car in a parking garage is typically a license, as the car park's intent to possess your car cannot be shown. However, it arises in many other situations, including terminated leases of property, or warehousing (including store-it-yourself).

No matter how a bailment arises, the bailee has both a duty of care and duty to re-deliver the bailment. The bailee is expected to take (as a minimum) reasonable precautions to safeguard the property, although this standard sometimes varies depending upon who benefits from the bailment. In most of the United States, for example, if the bailment is to the primary benefit of the bailor, the bailee must be found grossly negligent in order to be liable for damage done to the bailment, while if the bailee primarily benefits, such as if you borrow your neighbor's rake to clean your lawn, the bailee is liable for any damages arising from slight neligence. If both bailor and bailee are found to benefit from the relationship, such as leaving your clothes at the dry cleaners, then the bailee is only held to a standard of ordinary care. Bailees are typically strictly liable for any mis-delivery of a bailment, although, in the case of involuntary bailments (see below), the bailee is only held to a standard of due care regarding re-delivery. Moreover, a bailee may be liable in conversion if the property is not returned upon the request of the bailor, or if the property is used without permission of the bailor.

 

[amo]

shit sorry mate if i was you id get the car asap tow it if you have to

dont leave it there take the cops with you and proof you own the car

thx amo

 

[12AMNSX]

Wayne, help me understand your post. It looks like you are attempting to accomplish three things:

1. Get a recommendation for a mechanic in the Phoenix area or possibly elsewhere.
2. Get a recommendation for an attorney.
3. Bash Mark Basch (no pun intended) :biggrin:

My thoughts are:

1. You already stated that you know of and have high regard for Chris at SOS. Why didn't you take your car there in the first place? Why don't you take your car there now? If Chris won't or can't help you, did you ask him for a referral to a good mechanic? Chris sounds like someone you trust.
2. Your best bet is to contact the local bar association for a referral to an attorney. You can start here http://www.maricopabar.org/
3. After looking up some of your previous posts it is obvious that you have had trouble with MB in the past. Given that you have had a bad experience I don't understand why you return for more grief. Mark is not the only mechanic that knows the BBSC. It would probably have taken a lot less time and effort to get your car to another shop, even if that meant renting a trailer and taking it to S Cal if necessary.

Overall, I suspect that there is much more to the story than what we see here. Most reasonable NSX owners (or owners of any car for that matter) would not let their car sit in the shop for 4 years. You need to take action to get the results you want, but bashing Mark on this forum won't solve your problem.

BTW, there is writing on your windshield that says 3/28/06 MVD 2104. What is this? Does MVD mean Motor Vehicle Department? And the date is 06. Was your car running on that date?

 

[The Kid]

If your in AZ, whats wrong with Science of Speed?

 

[myhui]

Learn to fix your own car, or sell the car for parts and buy an almost-new one from a dealer.

Taking it to most of the independent repair shops are a waste of money.

Here is a good test of nerves: offer to sell the car to the mechanic who has it now for $10k. Watch it sit in his garage for 5 years untouched. Come back in 5 years and ask him why doesn't he have time to work on it now that it's his own car.

 

[zahntech]

Taking it to most of the independent repair shops are a waste of money.

.

WOW that's quite a statement right there...

 

[ScienceofSpeed]

We've taken on several projects recently for people in similar situations. Give me a call to see if we can help.

regards,
-- Chris