What is it that is so hard for you to understand that it is not OK to open the sunroof but necessary to open the driver side window for the test? Opening the sunroof reaally isn't a big deal until something like this go wrong. It would nice for the owner to disclose the non working sunroof, but really, he dosen't have to say squad. Because, IT IS NOT PART OF THE TEST THAT HAS TO BE PERFORM. When a electrican come to your house to fix the door bell, you should never have the need to tell him that your driking water on the ref. door will not stop once it is pressed. He has no business there. If he uses it and floods the house, then whos paying for the clean up? I sure hope you don't think the owner is trying to scam the electrical contractor, do you? Or, would some of your guys here would like to split the bill on a water damaged custom kitchen?

As far as workmen are concern (the ones that do labor work, or crafts people) most are not very careful. I hate new guys that come on my project and open window and when they leave, they never shut them. No excuse to not walk the house and make sure everything is close. when I see a new workman from a sub, I am always the last one to leave. Milt can tell you another 1000 stories about stuff like that. I hires the same subs for all my jobs, they are trained.

I treat my men very well and they love working for me. Sometimes, they do dumb things and it is my job to get on them because they hurt my check book.

Right. All the owner wanted was that it stays close just like the was it was when it came in. He doesn't want a complete fix.

Never did get an answer.
Is it fixed? Does the sunroof function normally now? Is the sunroof now closed and non functional as before?
If it does operate than you will have gotten something for nothing.

MB stated that the repairs done were necessary in order to get it to close. The sunroof does in fact work now, but I am not going to play with it.

I do have an update though, but I'll wait (probably another week) to post the closure. I still have one more step to complete.



I would have gladly accepted broken and closed if Midas could deliver that. I should have had THEM bring the car to the dealer to get it closed though, in hindsight, or received an even more explicit description/permission.

I closed it myself with said tool approximately 3 months prior without much difficulty. Just the darkness of night and a flashlight, but I got it without any forcing/help.

and that fact suggests to me that Midas did eff with the sunroof

anyway, we shall see

I was hoping for some exciting verbiage about what can/should be done to a car during a bailment (which I think this is, legally), but alas no posts on that yet.

Sure, it's going to come down to negligence.

If there was a written contract, it will be a form contract used by the shop. It isn't going to specifically address the sunroof, or anything like that. The plaintiff could allege that opening the sunroof was outside of the scope of the contract, and was therefore a breach of the contract, but the core issue would still be one of negligence. I.e., he'd be asserting the negligent performance of the contract was the breach.

A bailment for repairs was likely created, too. If so, the standard will again be some form of negligence.

After setting up a claim on Geico via telephone, I went to their local appraiser, stated my case, with my documents from the manager/etc, and they are cutting me a check for the FULL amount minus my $100 deductible.

Check shipped today according to online status!

So... now I want the shop to pay my deductible. I will tell that insurance may pick up the tab and 'take him up on his offer' of 1hour of labor/$100 deductible...

I got all excited about this concept and it turns out that is only sometimes correct. Some states have a sliding scale, and sometimes strict liability applies. Sometimes the std. is negligence however.

A sliding scale is still a negligence standard, it's just on a sliding scale.

It is highly unlikely, IMO, that any state's law would impose strict liability on a shop for opening a window or sunroof.

This would be a small claims case in just about every state. A small claims judge is going to look for negligence.

I'm not clear. You got paid by your own auto insurance company? Not by the Midas place?

Correct. Check should be in the mail. I will have Midas pay my deductible (Well, he offered to pay one hour of labor, and I will tell him my insurance has agreed to pay, and I would like him to pay the less than one hour of labor for the deductible and call it good).

Do I think Geico should have to pay this? No.

Did some one else cause harm to my vehicle, tell me to get it closed at the dealer, then refuse to pay? Yes. Not sure how Geico files it, but it's comprehensive.

Hopefully it won't affect your auto insurance rate.

First thing I asked, and about goodwill. I'd rather go to court than burn up goodwill I have earned with 10+ years of clean driving.