customer pays me my rate, THEY in turn send in to whoever.... not a hassle that way... nobody has complained yet... take that back ONE company did.... seems he took out roadside at noon, and he locked the keys in the car that same day...they called about the bill, was it MORNING or AFTERNOON went to the computer and saw where he was in that days work, and said afternoon...they reimbursed him... --Shiva-- nuk pu nuk
None, I hope. I just used road side assistance for my wife's Audi this afternoon (flat tire - wheel wouldn't come off the hub). At any rate the 800 number dispatched a local repair shop who arrived in maybe 20 minutes. Fixed car-.nothing to sign - nothing to pay - great!. I figure I paid when I wrote the check for the car.
About five years ago, AAA called me, wanted to know if I wanted thier opening biz. It was about $9.50 daytime, and $11.50 night time and overnight. I told them not at that price!
just wait..... the local fire dept has one of them, and the chief called me, how about unlocking a car? he declined, and so did I...
was 15 degrees OUTSIDE... and the car was VERY hot inside-heater running- the only way in? jack the bare glass.... we declined....
glass aint cheap...
--Shiva-- nuk pu nuk
the city didnt want to take the chance... cause he KNEW the waiver is worthless- they have lost too many times in court...even tho they been signed.
--Shiva-- nuk pu nuk
I was referring more to you. The city really doesn't have any business doing it in the first place.
I wont touch it either...same reasons...get tired of lawsuits...and there are just some things-we just wont go there...
if there had been a BABY or even a dog in the car-wipe the glass and retrieve the whichever... then they get to pay out of pocket for the new window...
if the stupid car manufacturers want to design CRAP- so be it... the customer can suffer... talked to a local auto glass place, and he said I was well in my rights.... HE would not have touched it either...he sees too much crappy tempered glass anymore...
--Shiva-- nuk pu nuk
Shiva; I've heard this timeless times and I have yet to see any cases cited do you know of any? if you do I'd appreciate knowing. thanks Phil
--Shiva-- wrote:
What do you mean "they won't let that info get out"? That is impossible. If a waiver failed to hold up in court then the court transcripts and other records of the proceeding are all public record. You, me, or anyone else can go to the courthouse and see them. The only way to hide it is to destroy the court records or have them sealed. To have them sealed you must show good cause why irepairable harm will be caused if they are not sealed. Lots of luck in the kind of case we're talking about. As far as destroying court records that's something which I seriously doubt your local municipality does.
This brings us back to the question of how you know a waiver, yours in this case would not have held up in court? Or did you simply not want the potential hassle? Which would be understandable.
With all due respect what you state above is impossible to know w/o a legal precedant to that effect. If there is a legal precedant it should be relatively easy to cite it.
i.e.
Case number 1234567 Court of: Your home town/county. Joe Blow vs Locksmith Larry.
where this has happened. It's all a matter of court record which unless specifically sealed by a judge (which seldom happens) is all public record. If it wasn't the whole legal system would be essentially meangless.
This is true. However Shiva stated that the waiver is essentially worthless in court. That can't be known unless a correctly written technically perfect waiver has been actually tested in court in the jurisdiction in question and found unenforcable. It also should be noted that a court decision with regard to a PD FD or other municipal or governmental agency should not be assumed to be applicable to a private business no matter the finding of the court with regard to the waivers validity. Settlement out of court should not be assumed to indicate that a waiver was invalid or unenforceable, if a waiver even existed in the case in question.
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