Legal Advice
Thread Starter
Driver
Joined: Feb 2010
Posts: 158
Likes: 1
From: MA
Legal Advice
Hi Guys - Yesterday I was at a local car dealership taking a look at LS430. I popped the hood to to inspect the engine area with the sales guy and everything looked fine. Then the sales guy closed the hood and one of my fingers was caught in the hood. My finger nail is completely gone and all black and blue. I was/am in so much pain right now. They helped bandaged me up and i was able to test drive the car.
Today the pain is still there. (I know it was an accident but I'm in pain)
What can I do?
Today the pain is still there. (I know it was an accident but I'm in pain)
What can I do?
I couldn't agree more. If you are in excruciating pain and can't bare it, then you might want to consider a lawsuit, but if not, I would use this to try and knock the price down.
Racer
Joined: Apr 2009
Posts: 1,358
Likes: 87
From: Delaware
Hi Guys - Yesterday I was at a local car dealership taking a look at LS430. I popped the hood to to inspect the engine area with the sales guy and everything looked fine. Then the sales guy closed the hood and one of my fingers was caught in the hood. My finger nail is completely gone and all black and blue. I was/am in so much pain right now. They helped bandaged me up and i was able to test drive the car.
Today the pain is still there. (I know it was an accident but I'm in pain)
What can I do?
Today the pain is still there. (I know it was an accident but I'm in pain)
What can I do?
In all seriousness, this was obviously an accident. While you may have some sort of an "entitlement" because of someone else's negligence or mistake which injured you, it doesn't sound like the mishap forced you go to the emergency room, let alone doctor.
I'd just utilize the event as interesting conversation--especially with this dealer. Heck..they may thow in an extra first aid kit if you get an LS from them..lol.
Unless the situation takes a turn for the worse (heaven forbid) ---infection leading to doctor's visit then antibiotics then hospitalization then amputation, I personally wouldn't pursue anything.
Moderator
Joined: May 2008
Posts: 3,761
Likes: 72
From: Atlanta, GA
I agree about getting them to go low on the price, the salesman did not do it on purpose it was an accident. Also you were able to test drive the car after they took care of your finger from the incident. You did not need to be rushed to the emergency room but then again you if you feel like they is more damage to your finger you might want to get it checked out.
Moderator
Joined: Sep 2009
Posts: 3,914
Likes: 227
From: Alabama
I am assuming this was an accident and not the result of gross negligence - If I were you I would put yourself in the sales person's shoes who accidentally injured you. Then treat that person exactly as you would wish to be treated by another person if it had been you that had made the mistake and injured another person accidentally.
Having said that, if there is real significant damage or injury that needs medical treatment then the dealer should take care of those costs for you. But I would not sue unless there is significant long term ongoing pain, or permanent injury, if so then absolutely sue for fair damages - the dealer has insurance just for that purpose.
Having said that, if there is real significant damage or injury that needs medical treatment then the dealer should take care of those costs for you. But I would not sue unless there is significant long term ongoing pain, or permanent injury, if so then absolutely sue for fair damages - the dealer has insurance just for that purpose.
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Lead Lap
Joined: Jun 2008
Posts: 742
Likes: 5
From: Lexus Town, USA
The only way you would EVER be able to collect any money is if you went the ER and had medical bills with notes from a doctor documenting the pain and/or damage. You would also need pictures taken after the accident to show to the judge/dealership defense team. You could then file a suit and there would be a high probability that you could collect on the medical bills and/or pain and suffering. If you haven't done any of this stuff, then write it off as an accident and you might be able to possibly pressure the salesmen to give you a discount.
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From: NC
Driver
Joined: Jun 2007
Posts: 145
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From: New York
I'm pretty sure that you can probably use it finagle a discount on the car. Unless your finger has truly been injured in a long-term fashion and you are a surgeon or concert violinist or something, just let it go - life's too short! Everybody seems to hate lawyers, but it's not lawyers that file frivolous lawsuits, it's people!
Lead Lap
Joined: Jul 2009
Posts: 4,810
Likes: 15
From: MI
If your finger looks really, really ugly:
Visit the dealership and sit across from the sales manager to negotiate price.
Make sure your finger is on the desk in front of you.
When you make an offer or counter offer, stare at your finger.
If your finger is healing nicely:
Wrap your finger in lots of cotton gauze and tape.
Dip the finger in ketchup before wrapping the last couple layers of gauze around it.
Hold it above your head to minimize the "bleeding".
Go negotiate your final price.
Sorry, couldn't resist. I hope your finger feels better and you get the car you want at a great price.
Visit the dealership and sit across from the sales manager to negotiate price.
Make sure your finger is on the desk in front of you.
When you make an offer or counter offer, stare at your finger.
If your finger is healing nicely:
Wrap your finger in lots of cotton gauze and tape.
Dip the finger in ketchup before wrapping the last couple layers of gauze around it.
Hold it above your head to minimize the "bleeding".
Go negotiate your final price.
Sorry, couldn't resist. I hope your finger feels better and you get the car you want at a great price.
Lexus Test Driver
Joined: Aug 2003
Posts: 1,018
Likes: 3
From: Virginia
Go get seen at a Patient First or some type of medical facility ASAP. If you wait to long this could hurt your case. I would be sure to 1st cover my self by being seen. I dont think the dealer is to hyped about lowering the price if he/she can avoid doing so they will. While I 1000% agree with my fellow members that there was on intent to hurt our fellow member, the same can be said for car accidents and other daily mishaps.
If you delay being seen it can be viewd as you taking to long to get it looked at. I had this happen to me and the finger never was quite the same when I didnt get it looked at. The question is if the wound is serious and you dont get it looked at yourself ASAP you could be paying more long term My concern is for your finger, forget a car. Its just a car, not a human nor an animal that bleeds,eats,drinks etc.! Take care of your finger and get seen medically 1st and after your finger is ok and wont cost you to fix it further then FOCUS on a new/used car! Sorry for the injury by the way and keep it clean to avoid infection if there are any skin breaks or nail breaks. L.G.N.M
If you delay being seen it can be viewd as you taking to long to get it looked at. I had this happen to me and the finger never was quite the same when I didnt get it looked at. The question is if the wound is serious and you dont get it looked at yourself ASAP you could be paying more long term My concern is for your finger, forget a car. Its just a car, not a human nor an animal that bleeds,eats,drinks etc.! Take care of your finger and get seen medically 1st and after your finger is ok and wont cost you to fix it further then FOCUS on a new/used car! Sorry for the injury by the way and keep it clean to avoid infection if there are any skin breaks or nail breaks. L.G.N.M
I honestly think your unfortunate injury, and the deal you get on the LS430 are two different issues.
If you want to be compensated for your injury, pursue that alone. If you want to buy an LS, just do that.
Bundling them together just makes you sound desperate, weakens your injury claim, and a clear sign you will not be perusing the matter legally.
The thing is, if you go and ask for a discount using the injury as a bargin chip you risk them denying you and looking very bad if things end up in court.
My advice is that you either move on, or take legal action and move on from that particular dealership.
If you want to be compensated for your injury, pursue that alone. If you want to buy an LS, just do that.
Bundling them together just makes you sound desperate, weakens your injury claim, and a clear sign you will not be perusing the matter legally.
The thing is, if you go and ask for a discount using the injury as a bargin chip you risk them denying you and looking very bad if things end up in court.
My advice is that you either move on, or take legal action and move on from that particular dealership.
Lexus Test Driver
Joined: Aug 2003
Posts: 1,018
Likes: 3
From: Virginia
I agree with this man 100%!!!!
I honestly think your unfortunate injury, and the deal you get on the LS430 are two different issues.
If you want to be compensated for your injury, pursue that alone. If you want to buy an LS, just do that.
Bundling them together just makes you sound desperate, weakens your injury claim, and a clear sign you will not be perusing the matter legally.
The thing is, if you go and ask for a discount using the injury as a bargin chip you risk them denying you and looking very bad if things end up in court.
My advice is that you either move on, or take legal action and move on from that particular dealership.
If you want to be compensated for your injury, pursue that alone. If you want to buy an LS, just do that.
Bundling them together just makes you sound desperate, weakens your injury claim, and a clear sign you will not be perusing the matter legally.
The thing is, if you go and ask for a discount using the injury as a bargin chip you risk them denying you and looking very bad if things end up in court.
My advice is that you either move on, or take legal action and move on from that particular dealership.
I have a saying in business. Nerver overestimate yourself, nor underestimate those your doing any business with. People are mstly able to smell what you are doing just as you are able to think of ways to get what you desire. That said, I feel the other members but, think as Grand LS said that the best move is taking care of the finger. The car isnt the only LS in the US. Keep looking for a good deal, you'll find it thread starter!! L.G.N.M