Expert: Jim Pastore - 3/5/2009

Question
QUESTION: My son bought a 2008 Chevy Cobalt and thought the Dealer had set up his Insurance.  Car dealers are not supposed to give people brand new cars without verifying their insurance.  My son was immature and when I asked about Insurance, he said "it is all taken care of"  GM From Detroit came to Seattle and looked at this car, person was a 24 yr St Trooper, 6 yr Accident investigator.  My son of course had a small collision hitting someone in the rearend who was stopped and he was attemting to stop but could not and hit roughly 30 MPH lets guess.  His engine compartment burst into flames instantly son said on both sides of airbag.  It burned 5 feet high, fuel pump still pumping, for 10 minutes, 2 people tried to put it out with large extinquishers, it came right back, Fire Dept threw all they had at it for 3 straight minutes before they won and it quit.  OK, NO INSURANCE BUT CAR burst into flames and totals out with 30 MPH collision?  I got on site and at that point knew nothing about anything and looked at Son's car and asked the officers "why is this totalled, it only has minor front end damage?", they looked at me baffled. looked at front end and said nothing as were loss for an answer as the way car looked after, it looked like minor accident.  Well I persisted and asked again "Please officers, I am confused, it is dispositioned totalled?  THEN ONE SAID "I know, it was because of the fire, there was a horrific engine fire instantly"  Well the accident investigator from GM said they owe you a new car on the spot, I have never seen a more clear defective car.  I said no one cuts me a break in life, I won''t get a penny for my son.  GM WAS going to give me a payout(already thru Engineering), then it went to Legal meeting to finalize it all and they sent it back to Engineering (didn't like the answer, wanted it changed to "WE DON"T PAY") and they are having their last final meeting Wednesday coming, I asked if I could be part of it as there is no way they can justify this, he did not even bust his radiator open.  She said "no", I said can I talk to your Engineers then that think a fuel pump is "cool" pumping for 10 minutes after an Airbag Burst open????  Can I not get 2 independent Accident Pros such as your self and take GM to court Civil Suit?  I do not need a lawyer, I can represent myself.  2 independent Investigators Pro Engineers and Lawyer from GM is going to try to explain why "it is reasonable that the fuel pump kept pumping for 10 minutes and was the sole reason this car is ruined......really, I work for GM, I know?"   Is that about the end of it or do they instantly settle out of court for NEW CAR and regret the decision they are making now?   Jim, PLEASE HELP ME, my son was a Univ Washington Chem Engineer at 21, he was immature, he made a mistake but his company is shutting down he is told now in January in March so he will go bankrupt and not be able to work in a Defense Company where need Security Clearance ever as that is auto FAIL, this is going to get bigger than ever.  I NEVER QUIT, NEVER NEVER NEVER, if they think they are smart brush off, I will come around and make them pay more but I do not know Accident Investigators in WA.  Please e-mail me PLEASE  I already have an investigator returning a call, I will do this, I will win, I am a Mechanical Engineer my whole life/career that was 1 inch from being an auto mechanic, I know EVERYTHING ABOUT CARS.

ANSWER: Bobby,

   I don't know anyone in Washington. But Police accident investigators at least that I know of would not have much if any knowledge of vehicle engine problems. You may try to find a fire investigator who may have more contacts with someone in this field. However in my opinion from having some experience in dealing with lawsuits or potential lawsuits I would highly recommend hiring an attorney. Just having an attorney could bring GM closer to a settlement. Remember if it is a faulty fuel pump and you win a lawsuit GM could open it's up to a potential claim from others. So hiring an attorney in your case may be money well spent. You may also try contacting the local consumer protection agency for advice. Sorry I can't be of more help.

Best of luck

Jim

---------- FOLLOW-UP ----------

QUESTION: Thanks Jim, I have a GM car so they know my income, they know cost of investigations, attorneys, etc and probably think I am gone now however they did say they are going to requesty in their denial letter that the car be kept available for them to do further analysis should I file a Civil Law Suit.  Jim?  They had their chance, I don't think after making a ruling based on "gas", they can say if you lock us up into a Civil Suit, we get 2nd chaance to evaluate car, I say NO, YOU ALREADY KNOW WHY IT IS A BIG NO, my time is monet too and can afford you what you afford me = $0   My main reason for a ffollowup was you mentioned police, would they download the Accident Data recovery for me free using the 16 pin connector above the brake pedal?  I talked to GM accident investigator and he told mme that I, as a Mechanical Engineer, and also going through trade school for auto mechanics will get WAY MORE DATA FROM THE BOX THIS WAY rather then the connector and he felt I could interpret much of it with my background.
Ft lbs force, delta Velocity2 - 1, etc.  People want up to a MIN OF $800 just to download that from connector.  There are absolutely no PRO BONO attorneys interested or working by hour on this case as no one died or had their back broke in 5 places.  I was called by dot.gov individual and he said the Crash Test for that car is in FMVSS manual code of federal regulations title 49 part 571.301, this is what you want to make a veiwgraph of as it is the specific requirement your sons car failed, also paragraph 571.208 "Occupant Protection.Frontal" is a 2nd veiwgraph failure.  Told me same thing, get a lawyer BUT I CANNOT FIND ONE.  I want to get a GM Super Mechanic I know as a friend that has all kinds of official certifications verify if that car has a faulty fuel shutoff valve or what he exactly thinks in just a one hour visit.  I am ready, I can bury GM, they will go to speech therapy when I am done with them, I NEED AN ATTORNEY LETTERHEAD.  It iss only $200 to file a Civil Law Suit and case is then Scheduled for 18 mos from now.  Do you know a Policeman with the knowledge to bypass connector?  GM Accident investigator said it is actually easier and a std 16 pin connector above brake pedal and get 2X data. Bob Hayles, (360)802-0419

Answer
Bob,

 I don't know of any accident investigators in your area. I doubt even if they had the capability to get the information that their Departments would let them do it. I would think they have regulations against getting involved in civil suits unless they are subpoenaed. Try searching on the web for an atty. that deals in these types of law suits. I'm sorry I can't be of more help but this is over my head.

Good Luck

Jim