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Registered
Join Date: Mar 2004
Location: Los Angeles
Posts: 17,415
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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. |
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Registered
Join Date: Mar 2004
Location: Los Angeles
Posts: 17,415
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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.
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UnRegistered User
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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.
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Bill K. "I started out with nothin and I still got most of it left...." 83 911 SC Guards Red (now gone) And I sold a bunch of parts I hadn't installed yet. |
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Quality
Join Date: Oct 2007
Location: Philadelphia area and Morristown NJ
Posts: 951
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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.
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85.5 944 NA 5spd - Sold but not forgotten 89 951 Turbo S - Revival in progress... ![]() |
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Quality
Join Date: Oct 2007
Location: Philadelphia area and Morristown NJ
Posts: 951
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Quote:
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85.5 944 NA 5spd - Sold but not forgotten 89 951 Turbo S - Revival in progress... ![]() |
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AutoBahned
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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. |
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Checked out
Join Date: Jun 2009
Location: On a beach
Posts: 10,127
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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. |
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Quality
Join Date: Oct 2007
Location: Philadelphia area and Morristown NJ
Posts: 951
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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...
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85.5 944 NA 5spd - Sold but not forgotten 89 951 Turbo S - Revival in progress... ![]() |
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AutoBahned
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Checked out
Join Date: Jun 2009
Location: On a beach
Posts: 10,127
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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. |
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Registered
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I'm not clear. You got paid by your own auto insurance company? Not by the Midas place?
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Quality
Join Date: Oct 2007
Location: Philadelphia area and Morristown NJ
Posts: 951
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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.
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85.5 944 NA 5spd - Sold but not forgotten 89 951 Turbo S - Revival in progress... ![]() |
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Registered
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Hopefully it won't affect your auto insurance rate.
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1989 3.2 Carrera coupe; 1988 Westy Vanagon, Zetec; 1986 E28 M30; 1994 W124; 2004 S211 What? Uh . . . “he” and “him”? |
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Quality
Join Date: Oct 2007
Location: Philadelphia area and Morristown NJ
Posts: 951
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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.
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85.5 944 NA 5spd - Sold but not forgotten 89 951 Turbo S - Revival in progress... ![]() |
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