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

[billybek]

Does the sunroof function normally now?

I agree with those who said you would be fortunate to get half of the repair cost back.
It seems that there is some shared responsibility for this issue.

[Steve Carlton]

What do you think is fair and reasonable? Do you ever plan on selling the car and by how much do you think the resale value is increased?

[Head416]

Originally Posted by look 171

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.

So, just to make sure I understand your position: If it's 100 degrees out and they need to test drive your vehicle, using the AC during that test drive would be inappropriate?

I don't understand that at all. I'd rather have them use my AC than soak my seat in crack sweat.

[RWebb]

Originally Posted by ZOOMiata

... 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?
...

bad analogy

the loan to a friend is so they can enjoy the car

the bailment to a shop is for repair/testing

also, people keep using the word negligent - I doubt that is the correct std. to apply.

[Rot 911]

They should not have opened the sunroof.
You should have anticipated they might open it and have warned them.

You and the shop should split the repairs.

[McLovin]

Originally Posted by RWebb

also, people keep using the word negligent - I doubt that is the correct std. to apply.

Then what is?

[ZOO]

Originally Posted by RWebb

bad analogy

the loan to a friend is so they can enjoy the car

the bailment to a shop is for repair/testing

also, people keep using the word negligent - I doubt that is the correct std. to apply.

You mkae a good point -- but I still think the sentiment behind the example works. I do agree that opening a sunroof in a car is hardly "negligent" -- and I never used that term to describe the action.

[avi8torny]

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


Your actually looking for someone to validate the fact that you think they damaged your vehicle. The fact is that your vehicle was already damaged and you didn't tell the shop. It's not an "interesting event", it's a scam. Man up.

[Steve Carlton]

That seems unreasonably harsh. Yeah, the sunroof was broken, but it wasn't a "problem." Now it is, big time.

[avi8torny]

Originally Posted by Steve Carlton

That seems unreasonably harsh. Yeah, the sunroof was broken, but it wasn't a "problem." Now it is, big time.

I think it's painfully obvious why PHOENIX just gave them the tool, showed them what to remove (dome light), and basically said " have at it"........because he KNEW it wasn't going to budge because the whole thing was kaput. It's just like the guy some threads back who had this concrete truck drive down his ratty driveway and then was going to sue them for cracking his pavement.

[Zeke]

This thread is exactly why I would never work on anyone's car again. And why it is that if you want some of my 40 year+ experience with old houses, you can hire me by the hour and I'll do what you tell me to do at your risk.

Don't like those terms? Then hire the next idiot that will break more than he fixes and then charge you extra.

AFA as the crack sweat is concerned, if there isn't a plastic seat protector in place, they should not drive your car. What if the next person to get in the car is your wife in a white silk blouse? That's how a shop should think at all times. If they don't, they suck.

Hey, I took a car in for service back in the 90's. I mistakenly left a CD in the radio head. Of course it was gone when I picked up the car. Of course. And that one is my fault, but some of you would say that someone in a shop can use my stereo (or my sunroof) for their pleasure.

You're wrong.

[Cdnone1]

Why did they open it in the first place if it was not part of the work to be preformed?
I believe he stated that you have to hold the button for 20 seconds as the screen opens first, so it was not an accident. When they asked how to close it he told them the last method he used.
I don't think he drove in there hoping they would open the roof so he could get them on the hook for repairing it.
True their are people out there that set others up to get out of their own responsibility but I don't think this is one of those cases.
Steve

[Head416]

Originally Posted by milt

...but some of you would say that someone in a shop can use my stereo (or my sunroof) for their pleasure.

You're wrong.

I don't understand why some of you feel that the opening of a sunroof is a violation. It's like a 5th window. Apparently rolling down the drivers windows is okay. Opening the the other windows... maybe most of you would say that's okay. But opening the "roof window"? HE HAS NO BUSINESS DOING THAT! HE SHOULDN'T BE TAKING MY CAR ON A JOY RIDE!

Just like adjusting the seat for comfort while driving, what's so wrong about adjusting the climate of the vehicle while using it? Because he's working he should be forced to be miserable?

I guess I treat people who do work for me like people. If they come to my house you'll hear "Hey, it's hot outside, can I get you something to drink?" That's just plain courtesy.

[1990C4S]

Originally Posted by Head416

I don't understand why some of you feel that the opening of a sunroof is a violation. It's like a 5th window. Apparently rolling down the drivers windows is okay. Opening the the other windows... maybe most of you would say that's okay. But opening the "roof window"? HE HAS NO BUSINESS DOING THAT! HE SHOULDN'T BE TAKING MY CAR ON A JOY RIDE!

Just like adjusting the seat for comfort while driving, what's so wrong about adjusting the climate of the vehicle while using it? Because he's working he should be forced to be miserable?

I guess I treat people who do work for me like people. If they come to my house you'll hear "Hey, it's hot outside, can I get you something to drink?" That's just plain courtesy.

I think that' summarizes the difference in opinions here. Some feel. like I do, that opening the sunroof (in the absence of instructions not to) is fine. The remainder see it as a violation of the owners rights.

Where you stand on that 'concept' determines who you think is at fault.

[fastfredracing]

Well, I like to open customers sunroofs to flick out my cigarette butts, and toss out my empty beer cans .
I probably would have worked my arse off to try to close that roof, but at a Midas, they probably have no idea ( usually young guys just getting into the biz, or lifetime muffler shop type wrenches) I call bs on Benz not being able to close the roof
My boss told me something when I was young about damaging customer cars. He told me that it did not matter what you did to the car, but whatever the next needed repair may be or scratch or dent that happens , it will be your fault.
I had a customer buy a car with a broken clutch. The car did not move, they had never driven it before. I pull it in in the am. work all day, install a clutch, and when I am done and out test driving it, I notice an engine knock. I called the customer and told them about it. Wouldn't you know it, but they tried to sue me for blowing up their engine. I told them to take it to the Nissan dealer for inspection, and if then was any evidence found that I had had done something wrong to cause an engine knock, then I would pay the bill. They did take it , and nothing was found wrong with my work ( the clutch worked perfect). They still bickered and pissed and moaned, and after several days of arguing on the phone, I finally told them to pound it.
Most people are good, but there are some rotten ones out there

[Zeke]

Originally Posted by Head416

I don't understand why some of you feel that the opening of a sunroof is a violation. It's like a 5th window. Apparently rolling down the drivers windows is okay. Opening the the other windows... maybe most of you would say that's okay. But opening the "roof window"? HE HAS NO BUSINESS DOING THAT! HE SHOULDN'T BE TAKING MY CAR ON A JOY RIDE!

Just like adjusting the seat for comfort while driving, what's so wrong about adjusting the climate of the vehicle while using it? Because he's working he should be forced to be miserable?

I guess I treat people who do work for me like people. If they come to my house you'll hear "Hey, it's hot outside, can I get you something to drink?" That's just plain courtesy.

A sunroof is an accessory. On a lot of cars, it's a troublesome one. I have a Boxster and the tops are known for their problems. If you are working on my Boxster, you may have to open the roof to get to the engine.

But, if you're doing my brakes, then you don't. Now, the Box roof can be raised manually if a cable breaks. So, let's say I have a defective top, it's up because I put it there manually and bring the car to a shop for brakes. The mechanic had better road test the car when he's done. However, if he decides to lower the top and bends the frame, he's eating every bit of that damage, whether I tell him about the top or not.

You know, when I fill out the estimate form, I agree to have brakes done. That's it. He and I are not talking about turn signal lights or radio codes (or tops).

Do you see any correlation?

Well, OK, I've beaten this horse enough. You guys can carry on debating this non-issue.

[A930Rocket]

He asked to have his car inspected and unless that includes checking the sunscreen and sunroof, the shop is liable for it.

[RWebb]

Originally Posted by McLovin

Then what is?

dunno - do you?

what did their contract cover?

[RWebb]

we don't know whether they effed with it, do we?

we know they opened it and it now broken worse than before

all they did for sure was to operate a normal function of using the car, tho it was not necessary for the test drive they did

[look 171]

Originally Posted by Head416

So, just to make sure I understand your position: If it's 100 degrees out and they need to test drive your vehicle, using the AC during that test drive would be inappropriate?

I don't understand that at all. I'd rather have them use my AC than soak my seat in crack sweat.

Well, if you think about it, how long does it really take your car's AC system to reduce or dry out the sweat on a guy who's been working hard inside a garage? Crack sweat will take even longer. how long do you expect the test drive to take? We do not have inspection like that in CA. Do you need to take it in the freeway? If you push me to answer your question, then it is Yes. If the AC knob breaks, then they are on the hook.