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Old 10-10-2012, 01:40 PM   #121
BeachGirlFLA
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Originally Posted by newt2 View Post
When it comes the amount of the suit, you always aim for the sky. Doesn't mean he'll get it though.

Most people don't remember that the coffee lady at McDonald's only ended up getting a fraction of what her suit was for, they only remember the 1 million initially in the news.
Exactly...and if it was my husband the dealership would have criminal charges against it (unlawful detention) and he would probably try to file accessory to unlawful detention charges against the police and would definitely file negligence charges against the police.
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Old 10-10-2012, 01:50 PM   #122
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Who buys a car and then parks it to leave on a vacation? There are too many details missing in this story to support any action on either side. Looks like both parties have a vested interest in fixing the problem. The dealer is being panned all over the internet and the buyer who wants his name cleared. Perhaps a settlement in realistic value would be better than adding another case to our already overloaded court system.
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Old 10-10-2012, 01:57 PM   #123
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Who buys a car and then parks it to leave on a vacation?
.

Guilty here. We bought our car on a Sunday and picked it up Friday only to go away the next day.
It wasn't planned just happen that way.
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Old 10-10-2012, 02:29 PM   #124
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Exactly...and if it was my husband the dealership would have criminal charges against it (unlawful detention) and he would probably try to file accessory to unlawful detention charges against the police and would definitely file negligence charges against the police.
Wow, lol, criminal charges for unlawful detention against the dealer???

Where did the dealer detain him?

Accessory to unlawful detention? That's a hoot.

Negligence against the police? For taking a stolen car report and tracking it down?

I know you aren't a lawyer, but do you play one on TV?

In addition to those charges I might charge them with theft of my magic beans too!!
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Old 10-10-2012, 02:55 PM   #125
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It sure is. Every time you park your car in a parking garage, your ticket has a clear waiver of liability. It's enforceable and usually is enforced. Every time you go on a dangerous ride or a trip, waiver of liability is on the release (that's what a release is!). It's enforceable. Every time you sign a permission slip for your kid to go on a field trip, your'e signing a waiver of liability. It's enforceable.

(And yes, I am a lawyer. But you don't have to be - just watch Judge Judy or People's Court!)
I was thinking of tickets to sporting (and other) events as well.
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Old 10-10-2012, 03:26 PM   #126
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I guess that you didn't read my posts carefully. Never did I suggest that OnStar will not work with police to recover a stolen vehicle. The hypothetical 'feature' that was being discussed was the ability to track your vehicle so that you know where your children are. Similarly, OnStar will not tell you where your car is if it was stolen. They will happily work with the police to recover it, however.

From what I have read you are wrong about this.
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Old 10-10-2012, 04:15 PM   #127
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Wow, lol, criminal charges for unlawful detention against the dealer???

Where did the dealer detain him?

Accessory to unlawful detention? That's a hoot.

Negligence against the police? For taking a stolen car report and tracking it down?

I know you aren't a lawyer, but do you play one on TV?

In addition to those charges I might charge them with theft of my magic beans too!!
The police didn't investigate the report thoroughly before arresting - negligence.
And yes, he was unlawfully detained in jail due to the car dealership's actions. If you don't like that particular charge, he could still file charges against them for a false report.
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Old 10-10-2012, 05:18 PM   #128
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You appear to misunderstand how OnStar works. OnStar works with the police to recover the car. They don't tell the owner where it is so that he can take the info to the police. That doesn't even make sense, frankly, since the car could be gone again prior to the police showing up. Further, even though your pathetic local police don't actually show up when a car gets stolen, they still no doubt treat it as a crime. If you go to the police station (by taxi, I suppose), they will work the case. That will include working with OnStar to locate and disable the vehicle, assuming that the criminal wasn't bright enough to disable the OnStar system.
You should see what it takes for the cops to get a cell phone company to release the location of a phone of a missing person or wanted person. Sometimes it takes a court order. But if the owner of the phone....providing they have the "password" or PIN for the account calls, they'll give you the location right away over the phone.
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