posted
My car was taken in to the body shop to get repaired.. (someone keyed my car AGAIN, and I was rearended on the way to school..)
She was there for 5 days, Thurs, Fri, Sat, Sun, Mon..I picked her up Monday afternoon (yesterday) and noticed that 2 of my chromed lug covers were gone, and one looked like it had been torqued.. (the threads were still screwed in, but no top...)
When I brought this up (nicely and calmly) to the guys that were in charge of my car.. they immediately became defensive and.. to make a LONG story short.. blatantly told me they would not replace the lug covers. He just came out and said, "We wont pay for them"... anyways.. Much arguing and whatnot... I left.. and on the advice of my father, have decided to take them to small claims court.. The guy who I spoke with today over the phone from the body shop said that I signed a form saying anything that was damaged while my car was there they were not responsible for... basically saying.. if they stole my seats/radio/wheels/light covers, they could get them.. for free..
I feel as though Ive been completely cheated.. I know its only $30-40 for a new set.. but its the principle of the matter.. (and I just dont have $30-40 laying around to replace what other people break..)
What does everyone think?? Please help me on this.. I want them to pay for damage that has been done while my car was in their care..Sorry this is so lengthy..
------------------ Alicia (Ali) Soret 2000 Silver A4, hardtop, ebony interior, Whisper Lid, K&N Air Filter and breather, SLP quad exhaust. 3" FlowTech exhaust cutout, BMR STB, VTech taillight covers, Jim's Forced Air Induction decals in black. 17 'SLP ZR1-style Chrome wheels..! FINALLY!! SSOA # M00-3552 Best 1/4 mile time: 13.29 @ 105.1 (PreviouSS) 1999 NBM hardtop, #3499, A4, dark grey leather, VTech taillight covers. (She's no longer with us..) Member of http://www.sffbc.com (South Florida F-Body Club) sterlina@aol.com http://hometown.aol.com/sterlina/myhomepage/index.html I have a Ross' SS courtesy of SSOA!! This is how we met!!! :)
Posts: 360 | From: Coral Springs, FL, USA | Registered: Mar 2000
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posted
The only problem with this is that you're only trying to get $40 out of them and the filing fees will be almost that so you'd be wasting your time. Granted what they did is not acceptable and you should report them to your local better business office and black list them as much as possible. Other than that there's not a whole lot you can do unless they did some serious damage, then in that case it would be time for a lawyer.
Posts: 143 | From: Bay Area, CA | Registered: Dec 2000
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posted
Well.. my father.. (in little girls voice. MY DADDY SAID!!!) heh.. my dad said that by taking them to small claims court, we would be getting the $40, plus all the court fees and such... I just dont want to lose against these guys and give them that satisfaction..
And do you think reporting them to the BBB would be worthwhile???
[This message has been edited by AndromedaSS (edited 23 January 2001).]
Posts: 360 | From: Coral Springs, FL, USA | Registered: Mar 2000
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posted
Yes reporting them to the BBB is a good thing. If they have enough complaints you can actually use that to your advantage if you do sue them. Now getting the court fees back if you win, I can't answer that, I don't know. You'll have to call a court clerk for that information.
Posts: 143 | From: Bay Area, CA | Registered: Dec 2000
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posted
Same thing happened to me a couple years ago. My car was in a fenced body shop yard, with guard dogs, and my stereo got stolen. Of course no one at the body shop could tell me what happened. If you do go to court, be prepared. Have dates and times and all your paperwork. I'd say go for it!
posted
If you, or your father has an attorney friend, ask them to write a letter to the owner of the shop on your behalf explaining the situation and the circumstances and what you think would be able to remedy the situation. Be prepared, if you file with the BBB they will ask you these same questions. Also, I would check with your insurance company and see what they say about covering your car while it is in the body shop. If they were paying for the repairs, than your car may be covered by them. Just a thought. Definetely file a claim against them with the Better Business Bureau though. Sometimes just a letter from an attorney or the BBB will get them to jump through hoops to make you happy, especially if they have a good reputation. Good luck!
------------------ Eric Fahs - 2000 SS #7646, Arctic White, M6, ASR, Bilstein Suspension, K&N, Whisper Lid, GMS MAF, !cags, Dash placque, Lou's Short Stick, SLP shifter, B&B Triflow catback exhaust,SLP Cold Air Induction, SLP Y-pipe, BMR STB and lots of Zaino. On the Way: TA Girdle & Mike C's Fuel Rail Covers.
Posts: 286 | From: San Diego, CA USA | Registered: Feb 2000
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posted
Take them to court! Seek compensation for the missing items. Seek reimbursement for filing fees. BEFORE you do this write them a letter and send it certified. Explain the problem in the letter. Explain that you think they owe you. Note the items stolen. Note the items dagamged. Explain in the letter that you are making every effort to be reasonable and fair.
By making this good faith effort to settle out of court (which you will point out to the judge) you may be compensated for court costs. It will be hard to prove these items were on the car when you delivered it. If you can get anyone to testify that they were on it when you delivered the car for service, it may help.
Good luck!
[This message has been edited by B00SS (edited 23 January 2001).]
Posts: 87 | From: Ft Worth, Texas | Registered: Dec 2000
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posted
All well intenioned to get your back up and "make" them pay.
But .... can you prove the condition of the lugs before you left the car in the shop? No offense, but your word against theirs is not good enough. I believe you, but that won't win in court or with the BBB.
Just a thought - could the guys or girls that keyed it, also fooled around with the lugs? If so, then it would be part of your claim and would be settled with no further deductible from your insurer.
posted
I appreciate everyones help... Here are some answers....
I have all the info regarding the repairs and estimates and all that..
I know those lug covers were on my car the morning I took the car in.. #1 I walk around my car every morning and check her thoroughly before getting in.. Mainly behind the tires and stuff to make sure nobody put glass, nails, etc under them.. So I would definitely notice those lug covers broken/missing.. #2 I noticed the covers were missing within 10-15 seconds of looking at my car when we went to pick her up from the shop..My eye just absolutely caught it, and thats the first thing I questioned them about.. (keep in mind, it was in a nice and polite manner too..) #3 I had just washed my car (detailed, all that happy stuff) not 2 days before being rearended.. this includes cleaning wheels, polishing them, drying them..
I paid for the damages out of pocket, as dealing with insurance companies has been named #1 on my Top Ten list of the most horrible (business-related) experiences EVER.. (#1 being the worst)
Sigh.. Thank you so much you guys.. if you can think of more stuff please feel free..
------------------ Alicia (Ali) Soret 2000 Silver A4, hardtop, ebony interior, Whisper Lid, K&N Air Filter and breather, SLP quad exhaust. 3" FlowTech exhaust cutout, BMR STB, VTech taillight covers, Jim's Forced Air Induction decals in black. 17 'SLP ZR1-style Chrome wheels..! FINALLY!! SSOA # M00-3552 Best 1/4 mile time: 13.29 @ 105.1 (PreviouSS) 1999 NBM hardtop, #3499, A4, dark grey leather, VTech taillight covers. (She's no longer with us..) Member of http://www.sffbc.com (South Florida F-Body Club) sterlina@aol.com http://hometown.aol.com/sterlina/myhomepage/index.html I have a Ross' SS courtesy of SSOA!! This is how we met!!! :)
Posts: 360 | From: Coral Springs, FL, USA | Registered: Mar 2000
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posted
How could the lug covers be ripped off like that with still a little piece remaining on the lug, if it wasn't done by a torque wrench? I saw one of these plastic covers broken by the dealers, and this looked exactly like the same thing....the only people that could've had access to a torque wrench was the body shop.....unless they make cordless ones....
Posts: 86 | From: Boca Raton, FL | Registered: Mar 2000
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posted
One thing that will hurt a business more than anything is a bad rep. There are only so many new customers to put the screws to. A letter to the body shop owner explaining the circumstances, the facts, and your desired outcome is certainly a good idea. Be professional, courteous, and polite. Definitely send it certified with return receipt requested. A letter like that lays the groundwork for a claim on your part that you made every reasonable effort to work it out before you sought a legal remedy. If you have pictures to back up your claim, so much the better. You should be able to recover your losses, plus the expenses for filing and having the shop owner served. If it doesn't work out, you can always get satisfaction by bad-mouthing the place to everyone who'll listen. It's free-speech and you're a dissatisfied customer expressing your opinion. If the owner has any brains, he(she) will take care of you before it gets to court. Afterall, one lost repair job would cost a lot more than what it would to let you walk away satisfied. Good luck.
Andy
------------------ '01 SS #3122 Sunset Orange / Ebony Lea M-6, All GM Options Y2Y Options: Bilstein Susp. Dual-Dual 10-Spoke Chrome Whls SS Grille SS Mats SS Car Cover SS Dash Plaque SS Key Fobs
Posts: 214 | From: Pepperell MA USA | Registered: Jan 2001
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posted
Ross, you can buy a torque wrench at any local parts store. I'm not defending anyone but I have a torque wrench in my garage, A craftsman one.
Unfortunately trying to get them to pay for it is tough. At the very least send them a certified letter explaining your intentions, and hope that they will pay for the covers.
My .02
Posts: 2502 | From: Binghamton, NY | Registered: Feb 2000
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posted
The problem with small claims is, even in you win, it is very hard to collect the judgement.
Last June I was ripped off for $1800 by a crooked landlord. I sued in small claims court and claimed fraud, so I asked for $5000 which the judge awarded me. The landlord has appealed, so we go back to court February 2nd.
Even if I win the appeal, the court will not assist in collection of the judgement. All I can do is put a lein on the landlord's property and hope it is sold someday.
posted
I have a cordless one too, and that sucker is powerful!!! Almost as good as the air wrench I had a few years ago. Anyhow all of that stuff can be easily purchased at sears.
quote:Originally posted by JohnL: I think Ross meant an air-powered lug wrench. Not a torque wrench.
Posts: 2502 | From: Binghamton, NY | Registered: Feb 2000
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posted
Thi is what I use(feel free to cut and paste for yourself )
Vehicle Condition Agreement
I____________________(employees name) Agree with the owner of this Vehicle ____________________________(your name) That it is a ___________ _______________(Vehicle Make and Model) and it is in Perfect working order, and there are no; Dents, Dings, Scratches, Paint chips, marks in the paint or any other exterior blemishes , Broken windows, Ripped and or Cigarette burns on seats or any other interior Blemishes. I also agree that the car has a working AM FM CD Player and The Vehicle will be kept locked or in a locked building when not being serviced, Any service that has not already been discussed with the owner will not be performed with out notifying the owner before hand This includes but is not limited to unnecessary Mileage on the odometer The Mileage on the odometer reads ____________mi. at the Time of drop-off. Date_____________ and time of drop-off________
Please understand that this is not to be rude or by any means Questioning you or your workers, This is just here to protect both of us.
------------------ BBK 52mm TB, power pulleys, GMFS, TB coolant bypass, Hotchkis STB,Zaino,Pro 5.0 shifter, SLP ATM,"Deconed"SLP 2ontheleft,LT4 KM, To much to list in the stereo system!:) My Pics at photopoint!> http://albums.photopoint.com/j/AlbumIndex?u=684399&a=4984835
posted
For $40.00, I advise against small claim. In most case, you pay for court cost first and they run from $60-100 depend on what or where. You win, $40 plus court cost u paid for. You lose, you don't get refund for court cost u pre-paid.
BBB would be best bet. In most case, it work similar as "collection agency". Either the body shop resolve the issue with you or they have bad reputatuon on business record eleborated on your situation and future customer can decide to give the body shop a chance or not. Kinda give body shop some headache if they really care.
posted
Mr Bill!! That is AWESOME!! I've already copied it, and you can be assured I'll use it in the event my baby gets hurt again..! Im going to write a letter to the body shop, and also..they said I signed a paper saying that they were not liable for any damage done to the car... They failed to mention that at the bottom..it ALSO says..(in regards to theft/damage/fire and so forth) BEYOND THEIR CONTROL.. again.. I was also told that the car was kept inside the whole time, and that the first time she was outside was the afternoon we went to pick her up... meaning.. if the car was inside... it was in their control... unless thieves nowadays walk right it.. break some lug nut covers, and head out...
Thank you Bill.. Man.. thats some good stuff there... Do you mind if I post that on our South Florida car clubs site???
[This message has been edited by AndromedaSS (edited 24 January 2001).]
Posts: 360 | From: Coral Springs, FL, USA | Registered: Mar 2000
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posted
I think Ross meant that they used an air impact wrench, not a torque wrench.
Posts: 1218 | From: DFW, TX, USA | Registered: Feb 2000
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posted
Well NOW its worth going to small claims court.. because I took Ande in to the dealer to get the bumper put back on correctly, and its going to cost me $120 to fix the body shops mistakes.. They basically shoved the bumper on and put some screws in so it would hold.. :/ I spent a couple hours last night claybar-ing the car, and now shes SUPER SMOOTH! (It got rid of all the paint overspray that was on every piece of the car from the body shop) We're going to Alfreds today to wax the cars, The bumper gets fixed on Tuesday at the dealer.... Thats about it.. Have a good weekend everyone!
------------------ Alicia (Ali) Soret 2000 Silver A4, hardtop, ebony interior, Whisper Lid, K&N Air Filter and breather, SLP quad exhaust. 3" FlowTech exhaust cutout, BMR STB, VTech taillight covers, Jim's Forced Air Induction decals in black. 17 'SLP ZR1-style Chrome wheels..! FINALLY!! SSOA # M00-3552 Best 1/4 mile time: 13.29 @ 105.1 (PreviouSS) 1999 NBM hardtop, #3499, A4, dark grey leather, VTech taillight covers. (She's no longer with us..) Member of http://www.sffbc.com (South Florida F-Body Club) sterlina@aol.com http://hometown.aol.com/sterlina/myhomepage/index.html I have a Ross' SS courtesy of SSOA!! This is how we met!!! :)
Posts: 360 | From: Coral Springs, FL, USA | Registered: Mar 2000
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