Legal Question!

[VegetaRules]

Okay, I took my car to a shop to have the front end repaired. Okay, it's been down there 3 months( most of it haggling with the insurance over what they were gonna pay for, natuarlly).

Okay, now I was in the process of replacing my sunroof, so it was glassless. I did tell them I had a cover for it in the car, & that it needed to be covered so it wou;dn't get rained in.

Okay, I go back a month after I signed the check, to see what was up. The car has been uncovered for I guess as long as it was down there, & no work had been done too it. The inside of the car was like a freaking rain forest, all the seats were soaked:2up: The seatbelt harness was showing mold, & it was soaked through everything.

Okay, we talk, & he's like " I'll hook you up, & we'll do away with the deductable( $500). Okay, I go back a week later to get something out of my car, & see it's inside and covered, but now there's a puddle, and I mean PUDDLE of freakin water i my passenger side back floor.:2up: :2up:

Okay, so now I'm pissed, & wondering do I have a legal claim, or should I just get the car back & replace my interior basically? I naturally worry about the car corroding & rusting underneath as well as corroding of any wires. So it can end-up being a real expensive problem.

Any advice??.....Vegeta

[mad3nch1na]

make sure you take pics asap

[mad3nch1na]

should be able to get them for negligence, because they did not exercise reasonable care

[Tech5]

No you don't they havent worked on it or had any ok, and you neglected to pick up the car, 90 days is abanded

[VegetaRules]

No you don't they havent worked on it or had any ok, and you neglected to pick up the car, 90 days is abanded

Maybe I didn't clarify that they were paid on the 21st of November. I took the car down there only after the adjuster looked at it at my house. It was there that long because the guy who's supposed to fix the car was adding the supplements.

I didn't abandon the car. Hell I'm in auto collision!! The only reason I didn't fix it myself was because I'm still making payments. lol...Vegeta

[mad3nch1na]

Make sure you bring the receipt and photos and (bank or credit) card records when you go to court.
I'm pretty sure your entire interior and some electronics are ruined and the cost of replacing it would may be greater than the value of the car.

[Cool Cat Racing]

I agree, take everything you can and if the shop does not pay to have everything fixed then take them to court for the damages. And its abandoned after 30 days, been through that before. Now I've even got an idiot trying to sue me to get a car back that he abandoned back in June of last year. It most likely will total your car depending on the type of car since interior repairs are expensive but you need to get pics with it in the worst shape possible since it will show how bad it was.

[osiriskidd]

I agree, take everything you can and if the shop does not pay to have everything fixed then take them to court for the damages. And its abandoned after 30 days, been through that before. Now I've even got an idiot trying to sue me to get a car back that he abandoned back in June of last year. It most likely will total your car depending on the type of car since interior repairs are expensive but you need to get pics with it in the worst shape possible since it will show how bad it was.
^ this.

photos. asap.

[VegetaRules]

Thanks fellas, will do. So they consider me abandoning the car even tho they're the ones who are delaying repairing it?:thinking: Yeesh, okay, so I need pics with the water in it? Say he gets the water out, but the damage to the interior is still done, but I have no proof the water was in there?

What would I do then?...Vegeta

[mad3nch1na]

Say he gets the water out, but the damage to the interior is still done, but I have no proof the water was in there?

What would I do then?...Vegeta
saaay get your ass off your chair and go take the pics NAOW!

[VegetaRules]

saaay get your ass off your chair and go take the pics NAOW!

Well I just heard from my buddy who used to work for this guy that he hasn't paid those guys in weeks! So now I'm wondering should I even bother suing him, when he may not have any money to get?

I'm in auto collision repair myself, so I'm going to just go get the car, take the seats out, & pray there's no corrosion/rusting. I'm going to ask for my insurance money back as well.

This really just pissed me off to no end, but hopefully there's minimal damage, & I'll slowly put the car back together. Cuase if he ain;t got no money, I'm wasting time trying to get a judgement against him that he can't pay.:no: :???: :???: ...Vegeta

[BanginJimmy]

If you have a vaild contract for work then the car is NOT abandoned no matter how long they have it.

If the roof leaked because of something NOT included in the accident you may not have any legal stance for a lawsuit against the body shop. Unless they have it in writing that the car needed to be covered if left outdoors, all they have to do is say that they didnt know it needed to be covered and that they moved it indoors as soon as they were told about it.

[Cool Cat Racing]

With the glass missing it will be rule negligence on their part for leaving it outside regardless. If it was a seal that was not readily noticeable then they would have a case for not knowing. The water would have to sit there for several months to cause any rust or real corrosion so it should just be moldy/mildew that you've got to clean up.

[stephen]

why haven't you contacted the insurance company and told them about it??? :thinking: that should've been the FIRST thing you did when you went up there. the insurance company is just like you...they paid for a service, and want it done...bottom line.

now if it's a situation where you were getting a little something "extra" in the deal from the shop...then i understand. if not...then you need to call them first thing in the morning dude.

if there is something "extra" you were supposed to get out the deal, you don't want to call the insurance company, AND he refuses to release your car (for whatever reason)...then you do like i did when i had almost the exact same situation last year. you leave the trunk open to whatever car you take up there (hopefully, with the largest weapon you have in you arsenal)...tell him you want you car back either fixed...or not fixed & your money back THE FOLLOWING BUSINESS DAY...or you're going to "bound and gag everyone there, and get your shit however you see fit." <---feel free to modify my words however you see fit. HOPEFULLY, you don't have to go that route, and can just call your insurance company.

[Cool Cat Racing]

Yea, terroristic threats are a great idea, that'll get what you want and will never have any consequences.

[VegetaRules]

Well, I'm not going to threaten the guy. No I'm not getting something extra. When I called the Allstate people, all they said they'd do was call & ask him what's the deal. Hell I had already done that. lol

So I've been really busy these last couple of weeks, with work,school, & my dog nearly dying. So I haven't gotten in his shyt properly, but I am today....Vegeta

[IMPORTchic]

Dude. There is no way I would let this fly. Shit would have hit the roof the second I saw it the first time sitting outside wet. Sucks though. Hope you get everything squared away today.

[stephen]

Yea, terroristic threats are a great idea, that'll get what you want and will never have any consequences.


yeah i know, but some shop owners (like this guy) attempt to take things to that level FIRST. when you're already dealing with someone who doesn't even pay their own employees AND respect the law...sometimes you're left at "what else can i do???" i know it was a horrible suggestion...and a poor decision on my part...hence, why i kept suggesting he get in contact with the insurance company.

TO OP...you need to HOUND the insurance company, have them meet you there with an adjuster. phone calls to the shop are useless unless you're just willing to eat the cost of all the new damage (something that just isn't fair to you).