info@brindlelawfirm.com | 786.633.6592

Exotic/Collector Car Disputes

Our attorneys share a passion for exotic automobiles. We have professional experience in the automotive industry including working as an insurance underwriter, and working with the development of prototype vehicles from manufacturers such as Mercedes-AMG. We enjoy driving these enthusiast vehicles on rallies with other likeminded owners like yourself. Our firm has dealt with the ins and outs of the many facets of the collector car industry. We’ve gained valuable history with purchasing exotic automobiles from private parties, dealers, and, namely, collector car auctions online- which have proliferated in the industry in recent years. Our passion for collector cars and experience working in the field shows in our representation. The exotic car industry in Florida, in particular, is known for its negative reputation. Whether faced with a misrepresentation about a vehicle’s original paint, body work, or even dealing with insurance companies refusing to reimburse you for the diminished value claim and loss of use of your exotic vehicle, we can help. The list of problems in this field goes on and on. We have experienced that struggle and we know how to make you whole.

Diminished Value

One of the most frustrating things about being the victim of a car accident in Florida is the inevitable loss of value to your vehicle. If your exotic or collector vehicle has been in an accident due to the fault of the other party, our attorneys will help make you whole. If your vehicle, was involved in the collision, a branded title, Carfax vehicle history report, and physical bodywork evidencing the collision makes your vehicle significantly less valuable.

The diminished value to your vehicle refers to the market price of your vehicle prior to the collision, versus the market price of your vehicle after repairs.

Depending upon the severity of the damage, your vehicle will never be valued the same as a factory model which hasn’t been damaged. At worse, your vehicle may even exhibit body panels that no longer align, visible paintwork that clearly is not from the factory, and frame damage causing your vehicle to never drive the same again.

Although Florida does recognize diminished value claims for your vehicle in an accident in which you were not at fault, there are several other factors our attorneys will help guide you through to ensure you receive just compensation for your vehicle’s full loss of value. These additional factors include a statute of limitations (time limits) regarding how long after the incident you are able to still file a claim against the at-fault party’s insurance company.

Obtaining an appraisal of your vehicle from an experienced professional in this field is critical, as most appraisers do not understand the intricacies and significance an accident can have on the value of a collector vehicle compared to a daily driven vehicle. Lastly, any relevant evidence such as inappropriate repairs done to your vehicle will be taken into account in a diminished value claim.

Our attorneys’ extensive experience in the automotive industry and personal experience dealing with various insurance claims related to collector cars makes this entire process much more straightforward for you. We understand how substantial an accident can taint the market value of your vehicle. We know what to look for and what elements must be included in a demand letter to the at-fault party’s insurance company based on your make and model of vehicle, as well as the circumstances of the accident and/or repairs made.

Loss of Use

Loss of use is an often overlooked and ignored area of compensation for insurance claimants. The at-fault party is compelled by Florida law to compensate you for the loss of use of your specific vehicle that was damaged. While your vehicle is in a repair shop, you are entitled to specific compensation based upon your vehicle’s purpose and services if applicable. This includes being entitled to the value of a substantially similar vehicle while your vehicle is in the repair shop. If your brand-new Ferrari was hit by another driver, you are entitled to rent a similar exotic vehicle while your car is being repaired. Even if you decide not to rent a car, you are still entitled to the loss of use of your vehicle while it was in the repair shop.

Our attorneys understand the market value to rent an exotic vehicle for a period of time. Many companies, and these days, individuals, rent their exotic and high- end vehicles. By gauging the price of these rentals, the at-fault parties insurance company are supposed to provide you the rental or price of rental for the reasonable period of time your vehicle is sitting in the shop waiting for parts or being repaired. We will put pressure on the insurance company for the at-fault driver to comply with the Florida laws and provide the compensation that you are truly entitled to.

Exotic Vehicle Rentals

South Florida is one of the few primary markets for exotic vehicle rentals in North America. Visitors and locals alike are able to choose from a wide variety of companies, and vehicles. Due to the competitive nature of this industry, many legal issues may arise for the exotic rental car company and its owners. Your rental company must have a viable business plan, while always insulating yourself from the potential for loss due to vehicle damage and worse. This involves procuring an insurance policy which you disclose all of the relevant information. Ensuring your customers have policy limits on their personal automobile insurance to cover foreseeable damages. As well as implementing theft and GPS devices in the vehicles themselves to deter possible theft.

Our firm will help your exotic rental fleet stay on its feet with your inventory running. We will help sort out any insurance discrepancies so that your vehicles are repaired quickly and professionally. Many insurance companies will refuse to pay out on a claim after an exotic vehicle rental has been in an accident due to provisions in the customer’s insurance policy. Our attorneys’ will hold your customers insurance company liable for the loss of use while the vehicle is in the repair shop. Our attorneys’ experience in diminishment of value also may come into play depending upon the market value of the vehicle before and after the damage occurred.

Misrepresentation/Fraud

When purchasing a pre-owned collector or exotic vehicle that has no existing warranty, the vehicles are often sold “as-is” from a dealer or private-party seller in the state of Florida. This puts all of the risk on you, the buyer, if the vehicle you purchased turns into a money pit with constant mechanical issues which were unforeseen at the time of the transaction, that loss is incurred by you the buyer. However, if the vehicle has been sold in the state of Florida, and the seller has been in violation of “Misrepresentation or false, deceptive, or misleading statements with regard to the sale or financing of motor vehicles which any motor vehicle dealer has, or causes to have, advertised, printed, displayed, published, distributed, broadcast, televised, or made in any manner with regard to the sale or financing of motor vehicles.” – that seller will be liable under Florida’s Motor Vehicle Licenses Statute.

Specialty and collector vehicles are often purchased for a particular purpose. The make and model of vehicle may be highly valued due to a particular factory option or paint color. Older vehicles may be known to have a particular mechanical issue which shows up after a certain amount of mileage or time since the car has been built. An implied warranty of fitness for a particular purpose may arise when; you buy a certain vehicle due to this particular purpose and the reason you bought this particular vehicle rather than a similar model is due to that purpose, and the seller either knows or should know that you are relying upon them to deliver in those respects. This legal shield is broad and is formed to protect an innocent buyer from the unscrupulous practices of a bad faith seller.

Ownership (Title & Vin Disputes)

Most people have heard the phrase “Possession is nine-tenths of the law”. This phrase cannot be applied to vehicle ownership. Possession is NOT ownership. Having been promised verbally by a party you are involved within a vehicle transaction can easily leave you vulnerable. This is why contracts should be detailed. When purchasing or selling a vehicle, making sure you have a valid, clear title to the vehicle is critical.

Dealers who rely upon brokers and dealers who take vehicles on consignment can often be tangled in a title battle with a buyer, and vice versa. These actors can evade criminal charges because the owner of a vehicle has voluntarily released possession of their vehicle when they gave it to the dealer to be put on consignment. A buyer may pay for the vehicle, but not receive the title to the vehicle, due to the dealer not paying the original owner even though the vehicle has been sold. This can be a shell game that you need to be aware of.

Title washing is another ploy some sellers will use to hide a vehicle’s damage history or lienholder. Valuable collector cars are subject to these schemes as the potential profits are large. Our attorneys can help protect you by drafting detailed contracts prior to purchase, and help you retain rightful ownership over your vehicle.

Traffic Tickets

A speeding ticket can ruin your day, cost quite a bit of money, and worst of all, add points to your driving record. These points, depending upon the severity of the citation, can be a major burden. Your insurance payments may raise substantially, and the possibility of renewing or switching car insurance carriers may be affected when the insurance company runs a check on your driving history through the Florida Department of Highway Safety and Motor Vehicles (FLHSMV).

In some cases, you may be able to defeat a ticket outright depending upon the evidence. You may also want to explore your options with our attorneys about how to clear points from the ticket from your driving record, or other means by which you may plead down the citation. The lasting impacts of traffic tickets on a CDL holder or anyone whose profession involves driving can be especially daunting. Our attorneys will help fight traffic citations from minor code violations to criminal charges stemming from a traffic incident.

Brindle & Brindle Law, PLLC

121 Alhambra Plaza,
Suite 1500
Coral Gables, FL 33134

T. 786.633.6592
F. 305.675.0333

Mon—Sat: 7am — 7pm