Notices
964 Forum 1989-1994
Sponsored by:
Sponsored by:

Auto Journalist Sued For $174,000 After Destroying A Rare Porsche’s Engine

Thread Tools
 
Search this Thread
 
Old 01-22-2013, 02:56 AM
  #1  
hamah
Pro
Thread Starter
 
hamah's Avatar
 
Join Date: Mar 2010
Location: North Vancouver, BC
Posts: 526
Likes: 0
Received 0 Likes on 0 Posts
Default Auto Journalist Sued For $174,000 After Destroying A Rare Porsche’s Engine

Interesting story here. I'd think twice about hopping behind the wheel of a expensive borrowed car without some sort of a journalistic pre-nup if I were an automotive writer now.
Old 01-22-2013, 03:55 AM
  #2  
Babalouie
Burning Brakes
 
Babalouie's Avatar
 
Join Date: Jun 2011
Location: Sydney Australia
Posts: 977
Likes: 0
Received 1 Like on 1 Post
Default

I remember reading that article in Octane, and had no idea the 917 blew up.

Damn shame, I think the 917 was David Piper's retirement fund, and Hales is a very experienced journalist and racer for classy magazines like Octane and Evo.
Old 01-22-2013, 06:50 AM
  #3  
Lemass Automotive
Rennlist Member
 
Lemass Automotive's Avatar
 
Join Date: Nov 2011
Location: Stoke Poges, UK
Posts: 1,466
Likes: 0
Received 0 Likes on 0 Posts
Default

a customer just sent me this

http://www.leeds-solicitors.com/piperhales.pdf
Old 01-22-2013, 08:04 AM
  #4  
Rephlex
Burning Brakes
 
Rephlex's Avatar
 
Join Date: Jul 2012
Location: Herts, UK
Posts: 953
Received 15 Likes on 8 Posts
Default

The 917 was a bitsa made by Piper from genuine spares. He subsequently sold it for £1.3m. He still owns a genuine works 917 worth around £5m

Very sad that it has come to this. Big thread on Pistonheads with all the arguments for and against. My view is that sadly Piper doesn't come out of it very well. He has won in court and crushed the "man of straw" who had little or no defence if "gentleman's agreements" were conveniently disregarded.

Will have repercussions for sure going forward with magazine features, and gentleman drivers / shared drives in historic racing.
Old 01-22-2013, 08:41 AM
  #5  
slownrusty
Rennlist Member
 
slownrusty's Avatar
 
Join Date: Apr 2005
Location: Houston, TX
Posts: 2,875
Received 337 Likes on 156 Posts
Default

Interesting read, glad it turned out in the owner's favor
Old 01-22-2013, 08:47 AM
  #6  
BigMikeATL
Burning Brakes
 
BigMikeATL's Avatar
 
Join Date: Jan 2008
Location: Roswell, GA
Posts: 1,077
Received 3 Likes on 3 Posts
Default

It's just a damn car. If the owner didn't have it in writing that the borrower was 100% covered for anything that happened to the car, no matter what, then the owner accepts the liability. The owner is a tool. The journalist wasn't too bright either if he got back into the car when he noticed it jumping out of gear. The only winners were the lawyers.
Old 01-22-2013, 08:50 AM
  #7  
freedman
Three Wheelin'
 
freedman's Avatar
 
Join Date: Jun 2009
Location: Bromley, Kent
Posts: 1,767
Likes: 0
Received 1 Like on 1 Post
Default

Reading the judgement shows Hales in a very bad light

He wrote to his insurers telling them the car was fine pre damage and that it was caused by his own error, ie missing a gear

When he got to court he changed his story

So he was either lying to his insurers or the court

The PH thread was 30 pages of what a great bloke he is and demonising Piper (based solely on a post from Hales)

Reading the facts from the judgement give a very different flavour
Old 01-22-2013, 11:07 AM
  #8  
Cheeksyboy
Burning Brakes
 
Cheeksyboy's Avatar
 
Join Date: Jul 2006
Location: Stilton with that pork pie anyone!?
Posts: 1,093
Likes: 0
Received 0 Likes on 0 Posts
Default

Originally Posted by BigMikeATL
It's just a damn car.
Agreed
The only winners were the lawyers.
They're only doing their job, as instructed by their client!
Originally Posted by freedman
Reading the judgement shows Hales in a very bad light

He wrote to his insurers telling them the car was fine pre damage and that it was caused by his own error, ie missing a gear

When he got to court he changed his story

So he was either lying to his insurers or the court

The PH thread was 30 pages of what a great bloke he is and demonising Piper (based solely on a post from Hales)

Reading the facts from the judgement give a very different flavour
Being successful in litigation is always down to the evidence you have and the documentation you can produce to the court to support your case....

...not something commonly found in gentlemen's agreements...but the 'facts' as presented to the court, as set out in the judgement, did not seem to support Mr Hales' submissions.

It's a sad case, but litigation rarely sees both sides smile
Old 01-22-2013, 11:10 AM
  #9  
911 Crazy
SPAM addict
Rennlist Member
 
911 Crazy's Avatar
 
Join Date: Sep 2011
Location: Acadia National Park, Northeast Harbor, Maine
Posts: 30,276
Received 20 Likes on 18 Posts
Default

Interesting read.
Old 01-22-2013, 11:25 AM
  #10  
race911
Rennlist Member
 
race911's Avatar
 
Join Date: Feb 2004
Location: Roseville, CA
Posts: 12,311
Likes: 0
Received 9 Likes on 8 Posts
Default

Well, he wasn't sued for $174K. Good ol' UK legal system there has him liable for (undoubtedly) padded attorney's fees. Pretty amazed there's no E&O coverage from the magazine. Different way of doing business than in the US, I suppose. Or maybe he was working freelance.

But more to the point of what happened. An 8200 blip isn't likely going to "blow an engine". Bend up the valvetrain, sure. And in a flat 12, that certainly might leave you with a near-six-figure repair. But still.

(Love that the owner is recovering for loss of use. Next time you rent a car and opt to use your own insurance coverage, consider they'll bill you for every second that car is out of service if it needs repairs from damage on your watch.)
Old 01-22-2013, 02:42 PM
  #11  
Rephlex
Burning Brakes
 
Rephlex's Avatar
 
Join Date: Jul 2012
Location: Herts, UK
Posts: 953
Received 15 Likes on 8 Posts
Default

I share Chris Harris' pragmatic (admittedly biased) view on this. Very good blog.

http://www.pistonheads.com/gassing/t...+mend#topicTop
Old 01-22-2013, 02:59 PM
  #12  
freedman
Three Wheelin'
 
freedman's Avatar
 
Join Date: Jun 2009
Location: Bromley, Kent
Posts: 1,767
Likes: 0
Received 1 Like on 1 Post
Default

A couple oif points

Firstly the entire journalistic fraternity have come out is support of Hales (fair do's, he's one of them) But have continued to taotally ignore the judgement which is incredibly damning of Hales.

The other thing they have tried to do is paint Hales, (and by inference their profession) as some minimum wage on the breadline group

Harris had a GT3RS 4.0, did he not? Frankel has substantial family wealth, etc

No idea about Hales financial position, but I doubt he's the pauper he is being made out to be

The only facts we know about in the case are in the judgement, everything else is just speculation and bias dressed up as fact
Old 01-22-2013, 03:55 PM
  #13  
Ken D
Addict
Rennlist Member

 
Ken D's Avatar
 
Join Date: Apr 2002
Location: Boston
Posts: 6,054
Received 78 Likes on 63 Posts
Default

Originally Posted by Lemass Automotive
The most damning piece from the judgement:

Originally Posted by piperhales judgement
The Defendant himself composed a signed and dated (3 June 2009) detailed
note for Octane’s insurers relatively shortly after the incident. This included
the frank admission that:
"There was no fault apparent with the car before this incident, and I admit
the damage to the engine was caused by my failure to select the gear
correctly”
.
It seems that everyone involved thought that the damage caused by the missed shift would be covered by insurance. When that was discovered not to be the case, Piper was faced with paying for the cost of the repairs himself, even as Hales admitted (but later attempted to deny) that he was at fault.

So what's a gentleman to do? As distasteful as it is, Hales should pay.

A very expensive lesson for sure.
Old 01-22-2013, 06:50 PM
  #14  
Babalouie
Burning Brakes
 
Babalouie's Avatar
 
Join Date: Jun 2011
Location: Sydney Australia
Posts: 977
Likes: 0
Received 1 Like on 1 Post
Default

Originally Posted by race911
But more to the point of what happened. An 8200 blip isn't likely going to "blow an engine". Bend up the valvetrain, sure. And in a flat 12, that certainly might leave you with a near-six-figure repair. But still.
I figure that might be what happened. Of the $174,000, most of it was legal fees, and the actual engine repair cost was more like $75,000.

I suppose if the engine had really, really blown up and stuff was hanging out of the block, then it would be a $100,000+ (and then some) proposition.
Old 01-23-2013, 04:23 AM
  #15  
Bertrand
Advanced
 
Bertrand's Avatar
 
Join Date: Jun 2005
Posts: 99
Likes: 0
Received 1 Like on 1 Post
Default

- 47k £ for the car / use of the car,
- 63k + 50k £ for the lawyers.

This is a seriously sick society we live in.


Quick Reply: Auto Journalist Sued For $174,000 After Destroying A Rare Porsche’s Engine



All times are GMT -3. The time now is 03:28 AM.