look... as a "lawyer in residence," let me explain something to you. a
lawyer may make the claim that the rep saw the truck at the track, and
remembered the vehicle, but that'll fail for two reasons. first of all, the
claim that the rep "remembered" the vehicle probably won't survive the
"laugh factor," that being that when a judge hears the argument, he won't
bust out laughing at how stupid it is (believe me, it is actually used as a
guide for not making stupid arguments). second and most importantly, the
dealership has the burden of proving that the damage done to your vehicle
was not caused by racing, but that information can only be found from
information discovered within reasonable means by any dealership. unless it
is reasonable for dealership to put reps at race tracks, it probably won't
survive that argument either.
as for your claim that the use of the truck at the track is insurance fraud,
i would say that it isn't, considering that "insurance" does not cover
warranty (warranty is a TOTALLY seperate item under the Uniform Commercial
Code (UCC)). thus, there wouldn't be an insurance fraud argument (let's not
even get to the level of intent/action needed).
as your claim goes "If you think ethics are driving their actions, you must
deal with different attornies than I do," you are missing a very large point
(and very distressing). attorneys are working very VERY hard at improving
their image, including ethics training. i have two ethics classes this
semester, and ethics are a daily component of our education. i take that
comment as a personal insult, because it says that the education that i am
getting is in order to screw people, which is far from the truth. i work to
get the truth, not to get money (believe it or not).
Gabriel Couriel
-----Original Message-----
From: owner-dakota-truck@bent.twistedbits.net
[mailto:owner-dakota-truck@bent.twistedbits.net]On Behalf Of Bob Mankin
Sent: Thursday, January 08, 2004 7:31 PM
To: dakota-truck@dakota-truck.net
Subject: DML: RE: RE: Re: RE: Re: RE: Re: RE: RE: Warranty Trouble with
Supercharger and other mods?
Lemme tell you how the lawyers will drive around that one(pun intended).
Rep claims he sees a familiar truck at the track. Maybe one that he
knows(claims) has been in for tranny or rear end warranty service. If that
truck has been afforded warranty service and it's been raced, that's
insurance fraud. That's a felony. He is legally bound to report a felony(and
so are you for that matter).
It's a stretch, but if you're planning to go head-to-head with the sharks,
you better start thinking like they do or they will chew you up in court.
If you think ethics are driving their actions, you must deal with different
attornies than I do.
Bob
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