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By insurance law this falls under permissive use. If you and hand your keys to your brother/friend whatever to take your car to the store you have given him/her permission to drive the vehicle. If he gets into an accident on the way to the store your insurance will cover damages or the other parties insurance if he was not at fault. His insurance is not responsible. Now if he grabbed your keys without your consent and left it is on him so long as you are willing to make a statement that he did not have permission. (Could be other legal ramifications for him with this).

As a general Rule most insurance companies will tell you to always FILE A CLAIM WITH THEM even if you have the other persons info and they appear at fault. Fault can be 100/0, 0/100 (rarer than you think), 50/50, 70/30 Insurance companies may not have your best interest in mind but they sure as hell have theirs and have a team of trained insurance law adjusters and lawyers who will go to bat to ensure the other party pays for damages if liable.

If this shop is insured and the loss type is covered I believe that would apply over permissive use. Personally If it were me I would have filed a claim with my insurance right away, payed the deductible and got my car fixed or replaced and let them reimburse me the deductible and any other $ once they go after Titan's insurance and get reimbursed. It could easily take months where your own company should take weeks if that.
This guy understands insurance.

Your own company is extremely unlikely to try to deny the claim. They are going to pay it and then try to get their money and your deductible back from anyone they can possibly blame.
 

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By insurance law this falls under permissive use. If you and hand your keys to your brother/friend whatever to take your car to the store you have given him/her permission to drive the vehicle. If he gets into an accident on the way to the store your insurance will cover damages or the other parties insurance if he was not at fault. His insurance is not responsible. ....
Important difference.
 

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Important difference.
Right but HE (your brother/friend in my example) is the shop employee so I am saying if he had not been at fault, ie another driver had rear ended him in the Audi on the test drive. That other driver would be liable and their insurance would cover the damages. Since it sounds like the shop employee is at fault (although receiving a ticket does not assign fault) then your insurance covers the damages to both the Audi and the other drivers vehicle he hit because you gave the shop (and that thus that employee) permission to drive your vehicle.

As I said though, the Audi owners insurance is almost guaranteed to go after Titan's insurance for reimbursement. This is not you standard Private Party - Private Party scenario, Titan has business insurance and the insurance company will know that. Even outside of insurance law and practice there are small claims court and other ways of getting reimbursement.
 

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I imagine this applies...

If you sign an overzealous non compete agreement, there are right to work laws that will overrule anything you sign. I imagine there are laws that over ruled what you signed. You should be fine.

I think it's completely crap that it's even legal to make people sign illegal contracts though. And with no punishment for having people sign illegal contracts, companies will continue doing so. There really needs to be ramifications for parasitically preying on on people who will think they have no right because they signed something.

I'm sure Titan lost a non-zero value of unrelated customers over just hearing about this though. But then others will have heard about this and keep using them. It's immoral and it costs them some amount of business. Hope it's enough and that people stand by what they believe in.
 

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Get Legal Advice

I have been a lawyer for 34 years concentrating in insurance defense litigation. Insurance laws vary from state to state. In my state auto insurance is legally required for liability. As a general rule insurance follows the vehicle when used with permission. For example if you lend your supra to a friend and he causes an accident with damages your policy would be primary and his policy (assuming he has his own car) would be excess. However, in my state we have a statute that governs "garages" or "shops" when test driving a customer vehicle. This statute reverses the basic rule that primary coverage follows the vehicle. These are called "garage policies" and most shops here have them. So, when the shops employees are test driving your car and cause an accident, their policy is primary and is responsible to cover all damages from the accident. I would assume that Titan would have some sort of similar policy to cover it when it damages customer cars. I do not know Florida law, but it would be worth looking into. Generally, if you reported the damage to your car and how it was caused, your carrier would go ahead and fix your car. This is due to its direct contract relationship with you, its insured, which governs its conduct. You can bet that your carrier would then subrogate against Titan or its carrier to get its money back (subrogation is simply the way reimbursement is handled between carriers so that the responsible party or its carrier ultimately pays. As a side note if your carrier does subrogate it should get back your deductible and refund it. THIS REPLY IS NOT MEANT TO GIVE SPECIFIC LEGAL ADVICE AS SPECIFIC FACTS AND VARIATIONS IN STATE LAW ARE NOT ACCOUNTED FOR IN THIS EXAMPLE. The point is, get advice when something like this happens and it should be from a lawyer who understands insurance law in your state.
 

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Should have paid the check Nero :rolleyes:................... they had to know this would turn in to a PR 101 case.

If I owned a shop right about now I would be picking up this guys repair tab out of the kindness of my heart. Along with making a statement about how there should be no question for a shop to cover everything if some thing occurs when in possession of the precious cars that customers trust them with.............
 

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^^^ this.
 

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Pretty sure “the no fault contract” signed did not give the right to Titan Motorsports to make illegal u-turns and cause accidents without liability.


That is not what the customer understood when he signed the contract, so a judge should not enforce it.
 

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You would have thought there would have been some knock on effect to Titan with all the bad publicity. Who is going to want to risk taking their pride and joy there knowing that anyone of their guys could take it out for a spin and wreck it with 0% chance of Titan taking responsibility.

It would be interesting to know how the other larger "Supra tuners" out there would act if this scenario happened to them.
 

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Nero, the owner of Titan should pitch in since he is a member here in supraforums too. Lets hear Nero side of the story.
 

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this is a tuff one.

If i was the owner of the car, i would like for titan to step up and handle it. would just make me feel good about the situation.
This way, once it was fixed... i could say the color doesnt match, or it pulls to the right, or it dont look like it use to, or it has no power.. and.. and ..and...


Real world is this was an accident. The mechanic didnt want to wreck the car. Titan didnt want the employee to wreck the car, and the owner didnt want a wrecked car.
If i was titan... that employee would not drive another employees car.

If it was me, i would call my insurance and let them hash it out with Titan's insurance.

and i would get it fixed.

I can see both sides.
In the end... i hope the guys car gets fixed and titan doesnt crash anymore cars.
 

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this is a tuff one.

If i was the owner of the car, i would like for titan to step up and handle it. would just make me feel good about the situation.
This way, once it was fixed... i could say the color doesnt match, or it pulls to the right, or it dont look like it use to, or it has no power.. and.. and ..and...


Real world is this was an accident. The mechanic didnt want to wreck the car. Titan didnt want the employee to wreck the car, and the owner didnt want a wrecked car.
If i was titan... that employee would not drive another employees car.

If it was me, i would call my insurance and let them hash it out with Titan's insurance.

and i would get it fixed.

I can see both sides.
In the end... i hope the guys car gets fixed and titan doesnt crash anymore cars.
Maybe you didn't read the article. The employee wrecked the car out of negligence. He made an ILLEGAL U turn, and was hit. He was ticketed for it.
 
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