Hiatt Jerry M Attorney-At-Law A Law Corporation in Waimea, HI

Kurt Shanaman asked a question

Hello, I was referred by Lisa Lown, my estate attorney because she believed you could help with my problem.

Chevy Silverado Damage

I purchased a brand new 2017 Chevrolet Silverado from JN Chevrolet in Honolulu 0n 9/10/17. They made plans to ship to me with Young Bros on 10/14/17. The truck was dropped off by Heather Kresge on Friday, 10/13/17 and delivered to me on Tuesday 10/17/17.

I went down to the port in Hilo and went in and received the paperwork for the truck and went to pick it up. Upon acceptance, I dd a survey of the truck before driving it off the premises.
My wife and I found the truck flooded with sea water and salt spray over the entire passenger side of the Silverado interior!
There was approximately 1 inch of standing seawater on the passenger floor and rugs were soaked on the front passenger side and rear passenger floor rug. The truck computer under the passenger seat was sitting in seawater. There was salt caked on the entire passenger side interior windshield. There was thick caked dried salt inside the two glove boxes with standing seawater in the well of the upper glove box. The passenger seat was wet and has sea salt on the top of the cloth interior. The entire dashboard including the top and front from the radio entertainment module all the way to the passenger door is covered in sea salt. The center console has sea salt on it. Both speakers in the passenger side door and on top of dashboard were coated with sea salt. The passenger door window has sea salt encrusted on it. There is also damage to the outside passenger mirror where there is paint rubbed off.
I took towels from my other vehicle to sop up the excess seawater because of the computer sitting in it.
I was appalled and upset that my new truck has sustained this much seawater damage and tried to compose myself and plan to contact JN Chevrolet, my Allstate insurance agent and proceed back to the Young Bros office before driving it.

After finding all this flooding seawater damage, I returned to the Young Bros office at the port before driving off. I talked to a gentleman who said they found the window down when removing it from the ship and someone from Honolulu had left the window down. He gave me the claim forms and told me to get two estimates for detailing and return it to Young Bros. I told him, I think this is much more severe than just getting it detailed. He said his supervisor, Victoria, had found it and took pictures of the truck. I asked to speak to her. I spoke with her and showed her the paint damage and the extent of the damage. She took additional pictures and realized that there was more damage than originally noted. She also saw the paint worn off at the passenger mirror. I asked her what could be done and she said to fill out the claim form and submit it. She stated she has pictures also and Young Bros insurance should take care of it. I took pictures of the damage on my iPhone at this time also.

I then proceeded to call Heather at JN Chevrolet at 12:04 pm and left a voicemail for her. I also called my insurance company to document the damage. I was not aware, nor was it mentioned to me that I could not reject taking the truck. I thought about it but I realized I had paid for it in cash and JN Chevrolet had delivered it. I drove off to fill it with gasoline and immediately took it to my regular mechanic, Roscoe Antonio.
He observed the damage and told me it was more severe than I realized. He said he would have refused to accept it due to the seawater flooding. He also said that it had gotten into the electrics, the computer in the bottom and eventually I would have serious problems with the electrical circuits and the computer because of the salt water damage. He advised me to contact the salesman at JN and let them know.
Shortly after at 12:34 pm, I received a call from Heather at JN. I told her the extent of the damage and what had transpired since my voicemail and she said she would talk to her supervisor and call Young Bros. She would call me back once she heard from Young Bros. She asked me if I could get an estimate from my mechanic on the cost to replace all the damaged computer, electrics, speakers, seat, etc. I asked him but he said he didn't want to get involved as he didn't have the proprietary tools to re-flash the computer and he doesn't do upholstery. He said it was too extensive and needed to be done by the dealership.
Heather said she would call me back after she heard back from YB. I then drove the truck to my Allstate Insurance agent for documentation of the damage, They took pictures and I told them Heather and YB were going to take care of the seawater damage. I then drove it home and took more pictures with a digital camera.
I called Heather again but left voicemails stating I was sending her pictures of the damage. I had received an email from her earlier which stated to file the claim with YB.

Wednesday morning, 10/18/17 at 8 am, I called DeLuz Chevrolet Service Dept and spoke with Kimo. I told him the story of what occurred and he said to bring the truck down at lunchtime and they will look at it. I concurred and told him I will bring it by at noon. I then called and left a voicemail for J. Marxen, General Manager at JN Chevrolet and asked for his help. At 9:00 am, I received a call from Braven Sager, the manager at JN Chevrolet Nimitz store. He discussed that they had delivered the truck in good condition at YB Honolulu port and handed it off to YB. He said they would support me but it was between YB and me to work things out. I explained the seriousness of the seawater damage and was made aware. He reiterated to contact the highest person at YB Hilo and get help filling out the claim forms.

He said DeLuz Chevrolet can do the repairs and replacements as needed and to get it evaluated as soon as possible as time is of the essence with seawater in the truck. I thanked him and we closed the call.



WEDS, 10/18/17 10:30 am, I called YB at Hilo and spoke to Yvonne and she said to get the estimate and bring it down tomorrow and speak to whatever supervisor was on about getting help filling the claim and since there is only one Chevy dealer in Hilo, only one estimate should be needed.

I took it down to DeLuz Chevrolet Service at 12 noon. I asked when they can look at the truck and they didn’t have a time available. I asked if it would be seen tomorrow, Friday or next week and was told they couldn’t tell me as they get 6 tow-ins a day and have a backlog. The truck is sitting with seawater in it and was also told it could be totaled if damage is extensive.

Thursday 10/19/17-Spoke to Deluz at Noon by phone and no evaluation done yet. No available time given to see the truck.

I called Heather at JN again and she told me if totaled, I won’t get what I paid for it! I asked her to have her boss call me. I bought this in good faith, paid the entire amount by cashiers check and waited a month for delivery by ship. It shows up severely damaged and I stand to lose thousands of dollars when it wan’t my fault.

Friday: 8:32 am-Called DeLuz Chevrolet and left message to have service manager return call.
10:07 am-called Heather at JN Chevrolet and left voicemail to return call
10:09 am-called again to DeLuz Chevrolet and left another voicemail for service manager to return my call.
10:32 am-received call from Terry at Action Line KHON and she advised me to call David Rols, President of Hawaii automobile dealers assn. She will call back next week to see if situation resolved.
10:42 am-Called David Rols,cell number and left message to return call.
10:47 am-Called and left message for Attorney Jerry Hiatt to call me regarding truck damage.
11:32 am-Received call from David Rols, and was told he was contacted by Action Line and he contacted Brad Nicolai, owner of JN Chevrolet and he received a response from him. He also stated he was going to call Jackie De Luz President of DeLuz Chevrolet. He stated he would call me back at a future time to follow up.
2:00 pm-Called again and left message with attorney’s office to return call.
2:01 pm-called Deluz Chevrolet service dept. Spoke with Kimo again and was told No one has looked at it as they are backed up with cars, tow-ins, walk-ins, and he cannot say for sure when he will be able to have it checked out. He said they have vehicles that have been there without being seen for over a week and a half and are still in line ahead of me. I mentioned that the longer the seawater sits in it, the worse it is.

The truck was unloaded from the ship on Monday with water damage and now it is Friday and still no assistance in evaluation.

Please call me if you can assist me with a legal option.
Thank you,
Kurt Shanaman
Volcano Hawaii
96785
808-226-8443