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-   -   My Attorney has a very interesting case (https://www.lateral-g.net/forums/showthread.php?t=45226)

preston 02-21-2014 06:58 PM

I've been concerned about this for a long time - in my case more along the lines of if I was at fault in a crash, could they sue me personally because of my home built chassis ? Could a passenger sue me for hitting their head on a rollcage ? etc..

In this case, what concerns me is less of "did the chassis fail in some way that caused greater injury" but more so "this aftermarket chassis is not crash tested/certified in any way". If it was a stock chassis that is allowed because this is still a free enough country that they won't force old cars off the road. But a new, "re-manufactured" chassis/car is a whole different deal in the eyes of a skilled lawyer, a jury, and a sympathetic victim. Frankly I worry about the whole liability of this new world where eery joker with $20k can bump their car to 1000 hp and then post street racing videos on the internet. With the amount of "racing in Mexico" I read about on the forums I can't believe there haven't been more fatalities (Paul Walker anyone ? )

Well I 'm sure we will all be very interested to see what comes out of htis and who the manufacturer is.

======
(for the record I don't give out a lot of spirited rides, and if I do I always make sure they understand the risks and that they are riding in an "owner constructed" vehicle.)

snappytravis 02-21-2014 07:21 PM

That would be a tough one, Many manufacturers crash test, I never really thought about it but do any of the aftermarket chassis manufacturers crash test anything. I do know that years back when 3m first came out with the panel bond system it was declined to be used in certain areas of a vehicle for repair because it was to rigid. Think about aftermarket sub-frames, Do you think they absorb the energy in a accident like the stock one would have. They are more rigid,
I feel somebody is digging for money, unfortunately. I also feel you take some liability when you get in a high performance car with someone and plan to go for a good blast up the road. It's a bad deal for all involved, except the lawyer. They always walk away with cash.

GregWeld 02-21-2014 07:37 PM

Quote:

Originally Posted by snappytravis (Post 538053)
That would be a tough one, Many manufacturers crash test, I never really thought about it but do any of the aftermarket chassis manufacturers crash test anything. I do know that years back when 3m first came out with the panel bond system it was declined to be used in certain areas of a vehicle for repair because it was to rigid. Think about aftermarket sub-frames, Do you think they absorb the energy in a accident like the stock one would have. They are more rigid,
I feel somebody is digging for money, unfortunately. I also feel you take some liability when you get in a high performance car with someone and plan to go for a good blast up the road. It's a bad deal for all involved, except the lawyer. They always walk away with cash.




My accountant used to laugh and tell me - HE made money - even when I was losing it...


He was right - his bill always got paid regardless.

snappytravis 02-21-2014 08:37 PM

Quote:

Originally Posted by GregWeld (Post 538057)
My accountant used to laugh and tell me - HE made money - even when I was losing it...


He was right - his bill always got paid regardless.

Lawyers and Accountants,

Vince@Meanstreets 02-21-2014 10:53 PM

Quote:

Originally Posted by preston (Post 538051)
I've been concerned about this for a long time - in my case more along the lines of if I was at fault in a crash, could they sue me personally because of my home built chassis ? Could a passenger sue me for hitting their head on a rollcage ? etc..

In this case, what concerns me is less of "did the chassis fail in some way that caused greater injury" but more so "this aftermarket chassis is not crash tested/certified in any way". If it was a stock chassis that is allowed because this is still a free enough country that they won't force old cars off the road. But a new, "re-manufactured" chassis/car is a whole different deal in the eyes of a skilled lawyer, a jury, and a sympathetic victim. Frankly I worry about the whole liability of this new world where eery joker with $20k can bump their car to 1000 hp and then post street racing videos on the internet. With the amount of "racing in Mexico" I read about on the forums I can't believe there haven't been more fatalities (Paul Walker anyone ? )

Well I 'm sure we will all be very interested to see what comes out of htis and who the manufacturer is.

======
(for the record I don't give out a lot of spirited rides, and if I do I always make sure they understand the risks and that they are riding in an "owner constructed" vehicle.)

http://www.pro-touring.com/threads/6...ers?highlight=
me too, I started a thread a while back and the conclusion I came up with is the money you would theoretically pay monthly for insurance... put it in a fund to pay for the lawyer when you need it. Cause there is no underwritter that I know of that would pull it off.

During my years of modifying and improving performance on older cars I have always been told by my customers "ahh don't worry about it, if siht happens its not on you" But what is to stop a spouse or relative from sueing you if something did happen? A loss of a life or major bodily harm can change the tune with anyone.

There has always been that argument that "oh, the aftermarket stuff makes the cars safer than the cars was originally designed". Not really, the original cars didn't do in excess of 130 MPH and pull a "G".


Hearing stories like this scares the crap out of me. Not sure its worth it anymore.

Flash68 02-21-2014 11:17 PM

Real lawyers work on contingency. :sieg:

mfain 02-22-2014 08:20 AM

An old fighter pilot's philosophy -- it's a small bullet and a very big sky. Take your best shot. Though it is inevitable, considering the current government regulation trends, that we will all be riding in computer driven econo-boxes some time it the future, it is too early to throw in the towel. Life needs it's little pleasures, or we all become programed, economically equal clones -- not good! I wonder if SEMA is looking at this case? I have been expecting this issue to pop up when a failure of one of the "off-shore's best" 24 inch, flimsy wheels snaps off and puts the car head-on into oncoming traffic. Who do you sue then -- some unknown manufacturer, the U.S. company that imported the stuff, the shop that sold it, the Chinese government, or perhaps the U.S. government for allowing the import of unregulated, inferior junk? I hope it would be difficult for the government to kill the "made-in-America" aftermarket industry without having to face the monumental task of policing the imports.

Wow, got up on the wrong side of the bed this morning.

Pappy

Vince@Meanstreets 02-22-2014 09:35 AM

Quote:

Originally Posted by mfain (Post 538126)
An old fighter pilot's philosophy -- it's a small bullet and a very big sky. Take your best shot. Though it is inevitable, considering the current government regulation trends, that we will all be riding in computer driven econo-boxes some time it the future, it is too early to throw in the towel. Life needs it's little pleasures, or we all become programed, economically equal clones -- not good! I wonder if SEMA is looking at this case? I have been expecting this issue to pop up when a failure of one of the "off-shore's best" 24 inch, flimsy wheels snaps off and puts the car head-on into oncoming traffic. Who do you sue then -- some unknown manufacturer, the U.S. company that imported the stuff, the shop that sold it, the Chinese government, or perhaps the U.S. government for allowing the import of unregulated, inferior junk? I hope it would be difficult for the government to kill the "made-in-America" aftermarket industry without having to face the monumental task of policing the imports.

Wow, got up on the wrong side of the bed this morning.

Pappy

sounds like either side was the right side. :flag2:

This all reminnds me that I need to set up my LLC.

Flash68 02-22-2014 09:45 AM

Quote:

Originally Posted by Vince@MSperfab (Post 538140)

This all reminnds me that I need to set up my LLC.

:bitchslap:

WSSix 02-22-2014 12:00 PM

Uh, yeah! You need to keep yourself, your private property, and your family safe guarded from the litigious nature of this country. LLC sub S most likely for you will do that.


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