Their settlement offer was presented in a form of blackmail (coercion). I question whether or not the donation check was actually mailed to the recipient. This is another tactic trying to make TJ think that since he did not accept the settlement there wouldn't be any more money available for settlement since the money was donated. Autobahn knows settling out of court is the cheap way out, so they low balled the settlement amount, and also realized a tax write off in the process for the donation. Autobahn also knows they wronged TJ and they are guilty as shyte, and they stand to lose a lot more in a court trial. This whole thing is BS; I would not settle out of court, let the jury decide.
Just playing the other side here, (and I've done my fair share of supporting Tommy with Google reviews and some phone calls to the dealer), but I think the offer of $71,900 made by Autobahn did cover legal fees. The original letter asked for a total of $60,589 that included attorney's fees. So seems like there would have been an additional $10k paid to Tommy to keep the media story quiet and then another $78.1k to charity.
Overall agreed, the charity thing smacks of goodwill and tax write-off, but to make this go away and get on with life, seemed like a fair offer.
I think a jury trial he should be able to get the $250k. But then again what if the jury doesn't sympathize with exotic car lovers??? Normal people might not be willing to give him that much $$. It is always a gamble when taking it to court. He could come out with $0 worse case even though not likely. Me, personally, I probably would have taken that.
I think it depends on how pissed off they have made Tommy. Personally, I think that they believe Tommy wasn't going to accept the offer and the $78.1k is probably part of their charity budget anyway. So what does it do for them? They gain favor with people on this board and other places by presenting an offer some people would take to just make it go away and they lessen the media outcry. From there, they can drag this out til 2050 if they want.
I can't say that I wouldn't have taken it but I sure don't blame Tommy for not. $71.9k out of pocket doesn't make it a lesson learned for the dealer. It's no big deal for them at that. At $250k, it makes a dent for them and makes Tommy more than happy.
They will regret not accepting the offer TJ's attorney made once they lose big time in court. The charitable donations counter offer was a joke, especially since they do it anyway regardless of any other influence for tax purposes, so there is no hit on their pocket book which is injust.
Tommy should be awarded with an amount that allows him to replace his car X 3 for all of the BS he had to go through but the main reason is that Autobahn BMW needs to pay for their wrongful doings big time as a deterrent in preventing this type of thing from happening again.
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well according to the OPs lawyer, in one of her letters, they did not meet thier settlement offer. So hopefully the OP and his laywer go through with the lawsuite, and if they win, recover all damages and entitlements with state law (around $250,000 or so?).
That, and it would be a matter of public records.
so i say to the OP, its time to sink the teeth in.
While giving to charity is good, it does nothing for the OP's case or for him in the matter of re-cooping funds for a expensive sports car or other damages. I think the OP's offer was good, but they rejected it. So i say, F**k them.
I am not really following it eiter. Was he offered $78 100 which was then all driected per the wishes of tjav8b to charity? If so I think a very nice move from tjav8b and I also beleive an good resolution from Autobahn. $78 000 is more than what tjav8b asked for which I beleive would cover the legal fees as well. And this is the end now?
Or did I misunderstand?
If 100% of all was going to charity and tjav8b did not have a choise to the fact that he should get $0 out of his damaged car, then it was not so nice towards the individual all this is about...
In addition, they are clearly worried by trying to "plead" to the military personnel and gain their sympathy in this matter with the charitable donation. The funny thing is, where was this charity before this catrostrophic wrong doing? Why didn't they feel the need to be philanthropic before now?
Anyone with half a brain can see through this smoke-n-mirrors media tactic (e.g. - look at my hand over here people, while my other hand screws over Tommy and other customers...but pay no mind because I'm donating money to charities). Another funny thing, when this goes to court and Tommy wins a judgement then they will be out the amount due Tommy (compensatory + punitive damages) in addition to their donation. They've probably just radically increased their spend on this case.
Seems like a poor tactic and not in line with good strategy. Almost like stepping over nickels to save pennies.
$70k cash to Tommy will not cover his replacements costs of the car and his attorney fees at this point! He had no choice but to refuse their counter offer. It was setup for him to reject and try to make them look good. I really think it backfired though as it's easy to see through the smoke.