Need Input: Vehicle Damaged by shop, they may not pay? (interesting event) - Page 3

gtc · gtc's Garage

I mostly agree with fastfred. However, the manager's dick attitude would probably make me take them to small claims court.

1990C4S · 09-29-2010, 01:30 PM

I have a bigger issue with MB than the guy that opened the sunroof. Absent an explicit note with the car "DO NOT OPEN THE SUNROOF" I think you should be thrilled if the guy ponies up $1,450 for you.

$2,900 WTF? That exceeds ten years of repairs for me on three cars.

phoenix_iii · 09-29-2010, 01:35 PM

Quote:

Originally Posted by 1990C4S

$2,900 WTF? That exceeds ten years of repairs for me on three cars.

I know. The KBB of car is a little more than twice that. I wish it just could have been closed by normal means.

Two Rivers · 09-29-2010, 01:43 PM

If you knew the motor was busted and how to close it you are a scammer as I see it. Why would you want a shop to fix your sun roof motor if you knew it was busted in the first place.
Close the thing and disconnect the fuse if you don`t want someone to open it till you can afford to fix it proper.
I would of opened it if I was doing an inspection on your car.And checked all other windows, brake lights and so on.

stomachmonkey · 09-29-2010, 01:50 PM

1. You did not tell them the sunroof was broken. You forgot or did not think it relevant as they had no need to open it anyway.

2. You authorized a $2,900 repair based on a conversation with an outfit that initially tried to weasel out of addressing it.

3. To date you have not documented much. It's primarily been verbal.

If you get half you should run and spend it on LOTTO tickets cause it's your lucky day.

Not trying to slam you but it just seems an avoidable situation that keeps getting worse due in part to your communication style.

Head416 · Head416's Garage

Quote:

Originally Posted by Tobra

It was stated above they need to roll the driver's side window down as part of the test.

Yes, I know the driver's window is part of the test. My question is whether they drive it as part of the test. If that's been answered, I haven't found it.

Quote:

It does not matter if they had to drive the car to test it, they did not have to open the sunroof and had no reason to do so.

What if they turned on the AC while performing a road test? Would you say they "had no reason to do so"? Are they supposed to sweat in your car because they aren't performing AC repairs? What's the difference between window/sunroof/AC?

fastfredracing · 09-29-2010, 03:05 PM

Yes, we are required to test drive a vehicle during state inspection

greglepore · 09-29-2010, 03:05 PM

In Pa a road test is part of inspection...

sunroof that opens but doesn't close is an issue but on many MB's the motor clutch is adjustable and that's the first thing to check on a non closer. I suspect Midas screwed the pooch on their initial repair attempt, but they only have your word that you could manually close.

Bet teh tech that opened it is in a world of hurt regardless.

phoenix_iii · 09-29-2010, 04:10 PM

I knew I asked for something in writing when I left. I had already filed it in the car file cabinet! I asked for something in writing from the Manager, and this what I got...

"we open sun roof when car was in for oil change.
sun roof was broken we were unable to get it
shut I referd customer to dealer to get sun roof
shut customer is bringing bill from dealer for
refund"

How does that change things? Also mind you we discussed how much it potentially could be in a worst case scenario (north of 2k). In his instructions, he did not say 'call me with an estimate first, etc'

Thoughts?

MBAtarga · 09-29-2010, 04:14 PM

Quote:

Originally Posted by phoenix_iii

I knew I asked for something in writing when I left. I had already filed it in the car file cabinet! I asked for something in writing from the Manager, and this what I got...

"we open sun roof when car was in for oil change.
sun roof was broken we were unable to get it
shut I referd customer to dealer to get sun roof
shut customer is bringing bill from dealer for
refund"

How does that change things? Also mind you we discussed how much it potentially could be in a worst case scenario (north of 2k). In his instructions, he did not say 'call me with an estimate first, etc'

Thoughts?

Sounds like the shop is out $2900 to me. Although I don't think I'd consider them negligent for the problem.

RWebb · RWebb's Garage

Quote:

Originally Posted by phoenix_iii

I knew I asked for something in writing when I left. I had already filed it in the car file cabinet! I asked for something in writing from the Manager, and this what I got...

"we open sun roof when car was in for oil change.
sun roof was broken we were unable to get it
shut I referd customer to dealer to get sun roof
shut customer is bringing bill from dealer for
refund"

How does that change things? Also mind you we discussed how much it potentially could be in a worst case scenario (north of 2k). In his instructions, he did not say 'call me with an estimate first, etc'

Thoughts?

it means that if you are really angry, then your atty will have an easier time arguing detrimental reliance

just agree on a partial payment that is fair to everybody

Zeke · 09-29-2010, 05:05 PM

The situation reminds me of one in which a door had a significant dent in it as the car was presented for unrelated repair. During the stay at the shop, another dent occurs in the same door, this one not workable for a paintless dent repair guy. So, the door has to be repaired and painted.

You think they should fix the more recent dent, leave the old dent and paint? Or do you think the door should be fixed completely? You think you should pay for part of that?

In my mind, Midas had no reason to open the roof. Look at this way, if the ignition lock failed while they had the car, that would be one thing. They have to start the car to move it. If the glove box lock failed, well, that's another story. Why would they be in the glove box?

phoenix_iii · 09-29-2010, 05:13 PM

The manager told me to bring it to MB to get it closed, and told me to bring him the bill, after we spoke about the range in which the repair may go (worst case). He did not ask me to call him with an estimate. He said to bring it to get closed, and bring him the bill

I had Mercedes perform the minimum amount of work required to close the sunroof, as agreed to by the manager.

He should have insurance for 'accidents' on the job (car falls off a lift, or vehicle is otherwise damaged while in their custody).

(Milt, they may argue going into the glove box if they didn't have all the docs, but they ask for all the Docs up front, which is smart).

Zeke · 09-29-2010, 05:25 PM

Quote:

Originally Posted by phoenix_iii

(Milt, they may argue going into the glove box if they didn't have all the docs, but they ask for all the Docs up front, which is smart).

Originally I used "trunk" as an example, but thought they might have to inspect the spare. So I changed it to "glove box."

Whatever, the point is a shop does not need to vacuum under the seats for spare change when doing a basic inspection. Had they done so w/o notifying you that they perform this vacuuming courtesy and dislodged the power seat wires, they get to fix it at their cost.

IMO, they had NO business opening the SR, so now they own it. This happens to me all the time. If I go out to fix a leak on someone's house, the leak is now mine, not anyone who worked there before me.

I don't do many leak repairs.

phoenix_iii · 09-29-2010, 05:32 PM

Rgr that Milt.

Joe Bob · Joe Bob's Garage

Brought it in for an inspection.......

You should have disclosed any problems.....yer screwed....

phoenix_iii · 09-29-2010, 06:40 PM

Quote:

Originally Posted by Joe Bob

Brought it in for an inspection.......

You should have disclosed any problems.....yer screwed....

I see you put a lot of thought into it =P

So if I had a problem with the 60/40 rear seat split, I should have made sure they didn't load skis in the car

look 171 · 09:19 PM

Quote:

Originally Posted by Head416

Yes, I know the driver's window is part of the test. My
What if they turned on the AC while performing a road test? Would you say they "had no reason to do so"? Are they supposed to sweat in your car because they aren't performing AC repairs? What's the difference between window/sunroof/AC?

You want a cold beer and a movie so you can watch it on their DVD with AC at full blast too? The answer to your question is yes. Simple, do not turn on the A/C, and leave the radio alone. Roll the window down like you are suppose to and drive the damn car. When we go in and work on someone's home in the dead middle of summer, like the past couple of days here, my men know damn well to not turn on their AC. they better not open any windows in other rooms where they have no business. Thanks goodness they are trained. Don't touch if it isn't yours. What is so hard to understand. I am with you, Milt. Once I touch it, I am responsible.

Put it back in its original setting (close it back up). If they can't, they should pay someone qualify to do so on their dime.

ZOO · 09-30-2010, 12:34 AM

I see a huge difference between rummaging through a glovebox, and opening a sunroof. Here's a better question -- let's say you or your wife lent the car to a close friend, and didn't tell them NOT to open the sunroof. During the time they have the car, they open it. Are you still expecting them to pay?

Even if the shop has insurance to cover damage, I don't think they were negligent, or that they caused damage. Still sounds to me like you are trying to stick a stranger with a huge bill. I can't remember -- did you get an estimate from Mercedes and then share it with him -- or did you chuckle when you heard the bill, and decide to go ahead based on what is on the paper, because you don't know the owner? Would you have done that to the above-mentioned close friend if the situation was the same?

We only have your side of the story here -- and we have no way to verify that you and the shop owner discussed the fact the bill could be several thousand dollars.

john70t · 09-30-2010, 04:34 AM

What was the "real-world" cost of the repair(average estimate from 5 different repair shops)? That is the cost that that Midas' (partial)responsibility should have been based upon.

Lucky for you the manager not only claimed responsibility but also refered the fix at the most expensive repair facility.
That may absolve you legally, but morally in this case there should have been compromise. (I don't say this easily though. Midas is a long-known ripoff chain)

Interesting situation.
Wonder if there are state laws regarding undisclosed previously-know issues, and how they weight against operating unnecessary equipement features.