I had the same thing happen to me. I didn't see the damage until after I got home. It had to have been done at the shop, because I drove the truck straight home. I didn't say anything, but never went back to that shop again.
Vehicle scratched while at mechanic - at fault?
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Originally Posted By: whip
You've already made up your mind that your going to sue, so why ask for other opinions? Just hire a lawyer, and start litigating.
This is always such a stupid reply. Just because I'm asking a question doesn't mean I can't have an opinion.
Originally Posted By: Nick1994
There's no way you can prove the damage wasn't there before this all happened.
Apparently you didn't read my post, because I can.
1. I have pictures.
2. I have a quote from my insurance adjuster that clearly shows that damage not to be there. They just did a very close inspection right before I took it to the mechanic. Independent third party.
3. My insurance company will fight to the death to say those marks were not there.
4. I have at least 4 witnesses that will agree with me.
5. The mechanic can't prove they were there when I dropped it off.
6. There was fresh bare metal when I found it, which has already oxidized. This proves it just happened, and I have pictures of the fresh metal.
7. The mechanic has nothing except "I would never do anything like that".
Originally Posted By: KitaCam
...it's hard to understand how you didn't catch it at the shop...good luck...
It was dirty. Did you read the part about how I drove straight to the car wash? It had been sitting outside for a month not running, of course it was dirty. You can't inspect the paint on a dirty vehicle.
You've already made up your mind that your going to sue, so why ask for other opinions? Just hire a lawyer, and start litigating.
This is always such a stupid reply. Just because I'm asking a question doesn't mean I can't have an opinion.
Originally Posted By: Nick1994
There's no way you can prove the damage wasn't there before this all happened.
Apparently you didn't read my post, because I can.
1. I have pictures.
2. I have a quote from my insurance adjuster that clearly shows that damage not to be there. They just did a very close inspection right before I took it to the mechanic. Independent third party.
3. My insurance company will fight to the death to say those marks were not there.
4. I have at least 4 witnesses that will agree with me.
5. The mechanic can't prove they were there when I dropped it off.
6. There was fresh bare metal when I found it, which has already oxidized. This proves it just happened, and I have pictures of the fresh metal.
7. The mechanic has nothing except "I would never do anything like that".
Originally Posted By: KitaCam
...it's hard to understand how you didn't catch it at the shop...good luck...
It was dirty. Did you read the part about how I drove straight to the car wash? It had been sitting outside for a month not running, of course it was dirty. You can't inspect the paint on a dirty vehicle.
Originally Posted By: Number21
It was dirty. Did you read the part about how I drove straight to the car wash? It had been sitting outside for a month not running, of course it was dirty. You can't inspect the paint on a dirty vehicle.
That's just rude...if it was so dirty you wouldn't have seen the damage....that the shop would not have washed the car before returning it to you....maybe they knew something.....
It was dirty. Did you read the part about how I drove straight to the car wash? It had been sitting outside for a month not running, of course it was dirty. You can't inspect the paint on a dirty vehicle.
That's just rude...if it was so dirty you wouldn't have seen the damage....that the shop would not have washed the car before returning it to you....maybe they knew something.....
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Originally Posted By: KitaCam
That's just rude...that the shop would not have washed the car before returning it to you....maybe they knew something.....
Washing the car was never part of the deal I paid him for, don't be stupid. He's a mechanic not a teenager with a summer job. Nothing rude here, you don't know what you're posting about.
That's just rude...that the shop would not have washed the car before returning it to you....maybe they knew something.....
Washing the car was never part of the deal I paid him for, don't be stupid. He's a mechanic not a teenager with a summer job. Nothing rude here, you don't know what you're posting about.
Originally Posted By: turtlevette
File a police report on the damage. It shows you're serious about getting compensated. Helps when filing on your own insurance also.
As a ex-deputy, don't even bother filing a report. Waste of time for the cop, he could care less, and he/she can't do anything for you. In fact, if a person in the OP's situation tried filing a report with me in the same scenario, they would be told no and no report would be written.
If the mechanic wont fix it, ask to file a claim through his insurance. If he refuses that, then you have a he said, she said on your hands. Your last (and only) recourse is then to file a claim through your own insurance. Of course, you will be out the deductible. Basically, you are up a creek without a paddle if the mechanic refuses to do anything for you.
You might try sending the mechanic a certified letter of intent to file suit letting him know that your vehicle was damaged in his care and you will take him to small claims court if necessary.
File a police report on the damage. It shows you're serious about getting compensated. Helps when filing on your own insurance also.
As a ex-deputy, don't even bother filing a report. Waste of time for the cop, he could care less, and he/she can't do anything for you. In fact, if a person in the OP's situation tried filing a report with me in the same scenario, they would be told no and no report would be written.
If the mechanic wont fix it, ask to file a claim through his insurance. If he refuses that, then you have a he said, she said on your hands. Your last (and only) recourse is then to file a claim through your own insurance. Of course, you will be out the deductible. Basically, you are up a creek without a paddle if the mechanic refuses to do anything for you.
You might try sending the mechanic a certified letter of intent to file suit letting him know that your vehicle was damaged in his care and you will take him to small claims court if necessary.
Chances are that the body shop can work a deal with you while the truck is in for the other repairs. I know it sucks, but I would just get the rest of the damage fixed while it's there. I was very upset when my new truck got hit (someone actually put a crease on the driver's bedside), but there's really not much that you can do about it.
Originally Posted By: Silverado12
Chances are that the body shop can work a deal with you while the truck is in for the other repairs. I know it sucks, but I would just get the rest of the damage fixed while it's there. I was very upset when my new truck got hit (someone actually put a crease on the driver's bedside), but there's really not much that you can do about it.
Yeah, I'll get it all fixed at the same time, but now instead of paying $0, I'm going to have to pay $300-600 probably. Not sure of the exact cost to repaint vs buffing, it won't be quite as expensive since they did have to at least buff it.
Part of my problem is that I wanted to buff the hood and doors myself, but I'm certainly not going to try and fix this damage.
Chances are that the body shop can work a deal with you while the truck is in for the other repairs. I know it sucks, but I would just get the rest of the damage fixed while it's there. I was very upset when my new truck got hit (someone actually put a crease on the driver's bedside), but there's really not much that you can do about it.
Yeah, I'll get it all fixed at the same time, but now instead of paying $0, I'm going to have to pay $300-600 probably. Not sure of the exact cost to repaint vs buffing, it won't be quite as expensive since they did have to at least buff it.
Part of my problem is that I wanted to buff the hood and doors myself, but I'm certainly not going to try and fix this damage.
@Number21:
It is a customers "reasonable expectation" that their vehicle will not be damaged by the shop while it is in their possession, it seems to me that the damage was done by a careless tech in a hurry to get in and out of other cars around yours.
This is NOT the same situation as parking your car at a parking lot open to the general public like at a retail store.
It's no wonder why the auto repair business has such a horribly
shi**y reputation whether it is shoddy work, vandalism, thievery, or poor customer service in general.
I recently had a shop owner (he is also a mechanic!) literally yell at me because I checked the fluids in his lot and left him a note in the car and asked him politely to make sure not to overtighten the oil drain pan bolts.
I had used this shop for over a decade and brought my own two cars there and sent my Dad there as well before this issue I never had a confrontation with him, even after "I" the customer tried to make peace with him saying he was misunderstanding my note he barked at me to "not tell him how to do his job!"
If the guy had a bad day and called me back after a few days to smooth things over I still would have used him, but obviously he didn't give a [censored] about how he treated a long time good customer.
Well that was the end of that business relationship, I will never set foot in that place again and made sure to tell my folks as well to stop using them. I'll also be giving them a [censored] review over on CarTalk.com
It is a customers "reasonable expectation" that their vehicle will not be damaged by the shop while it is in their possession, it seems to me that the damage was done by a careless tech in a hurry to get in and out of other cars around yours.
This is NOT the same situation as parking your car at a parking lot open to the general public like at a retail store.
It's no wonder why the auto repair business has such a horribly
shi**y reputation whether it is shoddy work, vandalism, thievery, or poor customer service in general.
I recently had a shop owner (he is also a mechanic!) literally yell at me because I checked the fluids in his lot and left him a note in the car and asked him politely to make sure not to overtighten the oil drain pan bolts.
I had used this shop for over a decade and brought my own two cars there and sent my Dad there as well before this issue I never had a confrontation with him, even after "I" the customer tried to make peace with him saying he was misunderstanding my note he barked at me to "not tell him how to do his job!"
If the guy had a bad day and called me back after a few days to smooth things over I still would have used him, but obviously he didn't give a [censored] about how he treated a long time good customer.
Well that was the end of that business relationship, I will never set foot in that place again and made sure to tell my folks as well to stop using them. I'll also be giving them a [censored] review over on CarTalk.com
Originally Posted By: Number21
Originally Posted By: Kuato
Simply report it to your insurance company as vandalism. It is covered under your Comprehensive coverage. There is no way to prove the mechanic did it, and, if you like the mechanic then you don't want to sour the relationship you have with him.
I really shouldn't have to if the mechanic is at fault. That's for his insurance, or pocket book to cover, not mine. I'm not happy with the mechanic, he will get sued if he doesn't put up the money on his own.
I agree 100% that you shouldn't report if the mechanic is at fault. There has been a lot of legal advice here, but the laws of your jurisdiction will decide.
Originally Posted By: Kuato
Simply report it to your insurance company as vandalism. It is covered under your Comprehensive coverage. There is no way to prove the mechanic did it, and, if you like the mechanic then you don't want to sour the relationship you have with him.
I really shouldn't have to if the mechanic is at fault. That's for his insurance, or pocket book to cover, not mine. I'm not happy with the mechanic, he will get sued if he doesn't put up the money on his own.
I agree 100% that you shouldn't report if the mechanic is at fault. There has been a lot of legal advice here, but the laws of your jurisdiction will decide.
Nick1994
$100 site donor 2024
What kind of car are we talking about here? If it's a 2014 Silverado I'd be mad too but if it's at least 5-10 years old, what's it matter? Unless you have a show quality vehicle I don't see it really mattering. A truck is a truck.
Originally Posted By: Nick1994
What kind of car are we talking about here? If it's a 2014 Silverado I'd be mad too but if it's at least 5-10 years old, what's it matter? Unless you have a show quality vehicle I don't see it really mattering. A truck is a truck.
That's got to be the stupidest reply I've seen here. It doesn't matter if it's a beat to [censored] 1973 Vega. The paint needs to be in the same condition when I pick it up as when dropped off. We aren't just talking about a little scratch we can buff out here. People who destroy the paint on their truck "because it's a truck" are idiots.
I suppose you wouldn't mind if I carved a couple circles in the hood of your 1997 Camry?
I'm also really mad because it's not just one scratch, it's three huge areas.
What kind of car are we talking about here? If it's a 2014 Silverado I'd be mad too but if it's at least 5-10 years old, what's it matter? Unless you have a show quality vehicle I don't see it really mattering. A truck is a truck.
That's got to be the stupidest reply I've seen here. It doesn't matter if it's a beat to [censored] 1973 Vega. The paint needs to be in the same condition when I pick it up as when dropped off. We aren't just talking about a little scratch we can buff out here. People who destroy the paint on their truck "because it's a truck" are idiots.
I suppose you wouldn't mind if I carved a couple circles in the hood of your 1997 Camry?
I'm also really mad because it's not just one scratch, it's three huge areas.
Originally Posted By: Plumber
If the mechanic is reputable,
He's already proved not to be reputable by scratching the car in several places.
Take him to small claims court. Should be fun.
If the mechanic is reputable,
He's already proved not to be reputable by scratching the car in several places.
Take him to small claims court. Should be fun.
Originally Posted By: Number21
I suppose you wouldn't mind if I carved a couple circles in the hood of your 1997 Camry?
That's OK. I've been sneaking into his drive and putting metal shavings in his oil.
I suppose you wouldn't mind if I carved a couple circles in the hood of your 1997 Camry?
That's OK. I've been sneaking into his drive and putting metal shavings in his oil.
Originally Posted By: Number21
Originally Posted By: KitaCam
That's just rude...that the shop would not have washed the car before returning it to you....maybe they knew something.....
Washing the car was never part of the deal I paid him for, don't be stupid. He's a mechanic not a teenager with a summer job. Nothing rude here, you don't know what you're posting about.
Well, I would respectfully disagree with you...respectfully...if I left a car with a mechanic for 3 weeks and it was left outside I would expect it returned clean and unscratched...respectfully...
Originally Posted By: KitaCam
That's just rude...that the shop would not have washed the car before returning it to you....maybe they knew something.....
Washing the car was never part of the deal I paid him for, don't be stupid. He's a mechanic not a teenager with a summer job. Nothing rude here, you don't know what you're posting about.
Well, I would respectfully disagree with you...respectfully...if I left a car with a mechanic for 3 weeks and it was left outside I would expect it returned clean and unscratched...respectfully...
If it makes the OP feel any better, I just got our truck back from the Chevy dealer for a basic state inspection. A 30 minute staring and sticker slap job. Truck has all of 25k miles and was perfect. Was.
The driver's perforated leather seat back has gouges through the finish of the leather, and is ruined. Careless clowns. The service manager is getting a big nasty earful later this morning.
They will probably claim they didn't do it, but make it a warranty item for replacement, as a "courtesy". Isn't that nice. But there is no way I will trust these butchers to remove and disassemble a full powered/heated/cooled leather bucket seat w/airbag and fit a new seat cover. They'll break up half the interior. And I'll be dam'ed if I'll let them make warranty billing on it, either.
So I'll eat the $200 for a factory replacement seat cover and do it myself, wasting my next Saturday. At least it will be done correctly.
And find another dealer.
The driver's perforated leather seat back has gouges through the finish of the leather, and is ruined. Careless clowns. The service manager is getting a big nasty earful later this morning.
They will probably claim they didn't do it, but make it a warranty item for replacement, as a "courtesy". Isn't that nice. But there is no way I will trust these butchers to remove and disassemble a full powered/heated/cooled leather bucket seat w/airbag and fit a new seat cover. They'll break up half the interior. And I'll be dam'ed if I'll let them make warranty billing on it, either.
So I'll eat the $200 for a factory replacement seat cover and do it myself, wasting my next Saturday. At least it will be done correctly.
And find another dealer.
I'd see if they will give you the pieces so you can put it back as it should be. Why eat $200? Ed
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Originally Posted By: Number21
Originally Posted By: bubbatime
In fact, if a person in the OP's situation tried filing a report with me in the same scenario, they would be told no and no report would be written.
Let's say somebody parks their new car at a grocery store and comes back to find it like this. They shouldn't call the police and report vandalism? You wouldn't take a report?
I haven't made a report yet because I think the mechanic did it on accident,
Your grocery store vandalism is a COMPLETELY different matter, and would be handled accordingly. You even admit that you think the mechanic damaged your car while it was in his care by accident. That is not vandalism, and therefore doesn't justify a police report. That is a civil matter that must be settled civilly between the parties, and through civil court proceedings if it has to go that far. Basically you ask the mechanic to repair the damage. If he refused, you take him to court and file suit.
It is extremly hard to PROVE that the mechanic caused the damage as you have a he said/she said situation. Basically, the OP is probably going to have to pay for the damage out of pocket or file a claim through his own insurance.
It sucks, but that is how it works in the real world.
Originally Posted By: bubbatime
In fact, if a person in the OP's situation tried filing a report with me in the same scenario, they would be told no and no report would be written.
Let's say somebody parks their new car at a grocery store and comes back to find it like this. They shouldn't call the police and report vandalism? You wouldn't take a report?
I haven't made a report yet because I think the mechanic did it on accident,
Your grocery store vandalism is a COMPLETELY different matter, and would be handled accordingly. You even admit that you think the mechanic damaged your car while it was in his care by accident. That is not vandalism, and therefore doesn't justify a police report. That is a civil matter that must be settled civilly between the parties, and through civil court proceedings if it has to go that far. Basically you ask the mechanic to repair the damage. If he refused, you take him to court and file suit.
It is extremly hard to PROVE that the mechanic caused the damage as you have a he said/she said situation. Basically, the OP is probably going to have to pay for the damage out of pocket or file a claim through his own insurance.
It sucks, but that is how it works in the real world.
If it's a scratch on your door it could easily be from a lift post. It's tight getting out, particularly of a full size truck.
I recall reading (how's that for 6 degrees of seperation) that if a valet parked your car in a lot the lot was responsible for scratches in its care even if from a 3rd party. If you park a car yourself you're on the hook. How this works in your state varies, I'm sure.
I borrowed my MILs car to go to home depot and some clown had debris in his truck. While both cars were parked, his plywood full of nails caught wind, hit MILs car, and scratched the paint.
I took down the license number and called the cops. When they decided I wasn't a resident of the town, they refused to take a report, though they got my name and phone number. MIL's insurance company wanted to know if there was a report, and we told them that the police refused to take one. That seemed to satisfy them. I say fill out the police report, or attempt to!
I recall reading (how's that for 6 degrees of seperation) that if a valet parked your car in a lot the lot was responsible for scratches in its care even if from a 3rd party. If you park a car yourself you're on the hook. How this works in your state varies, I'm sure.
I borrowed my MILs car to go to home depot and some clown had debris in his truck. While both cars were parked, his plywood full of nails caught wind, hit MILs car, and scratched the paint.
I took down the license number and called the cops. When they decided I wasn't a resident of the town, they refused to take a report, though they got my name and phone number. MIL's insurance company wanted to know if there was a report, and we told them that the police refused to take one. That seemed to satisfy them. I say fill out the police report, or attempt to!
Originally Posted By: bubbatime
You even admit that you think the mechanic damaged your car while it was in his care by accident. That is not vandalism
You seem to be missing the point. I KNOW the mechanic did this. If he wants to lie to my face and call it vandalism then he can lie to the police officer right in front of me also. If he wants to call it vandalism the police will need to be called, there is not another choice.
If the police refuse to take a report on a crime that has been committed, they will get sued also! I don't have to PROVE anything, that's what court is for later on. They don't have to go arrest anybody but they do need to make a report!
If the police want to know who the vandal is, I will point at the mechanic. It seems like it would be helpful to have a police report against somebody if you plan on suing them. Is this incorrect?
Again, I don't expect the police to DO anything. It's just a matter of paperwork. They never do anything anyway. If he wants to be a man and say he did this I won't have to play this game, but I don't expect that.
You even admit that you think the mechanic damaged your car while it was in his care by accident. That is not vandalism
You seem to be missing the point. I KNOW the mechanic did this. If he wants to lie to my face and call it vandalism then he can lie to the police officer right in front of me also. If he wants to call it vandalism the police will need to be called, there is not another choice.
If the police refuse to take a report on a crime that has been committed, they will get sued also! I don't have to PROVE anything, that's what court is for later on. They don't have to go arrest anybody but they do need to make a report!
If the police want to know who the vandal is, I will point at the mechanic. It seems like it would be helpful to have a police report against somebody if you plan on suing them. Is this incorrect?
Again, I don't expect the police to DO anything. It's just a matter of paperwork. They never do anything anyway. If he wants to be a man and say he did this I won't have to play this game, but I don't expect that.
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