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

[phoenix_iii]

I brought my 2002 Mercedes C230 Sports Coupe (Wife's) to my local Midas after moving back into PA (for inspection). They had previously done my Honda Element a few days before, good job, good price.

When I went to pick it up, the sunroof (Panoramic Super-Sunroof) was open, full tilt. That's not good, as I know that the motor is busted and you have to use the little tool to hand crank it shut, but it's a pain (I did it once when I bought the car, and the motor just clicked when trying to close, but I got it all shut and done in about an hour and said 'never again').

I went in to pay for it, and asked who opened the sun roof? They did, but it wouldn't close. They asked if I had told them if it was broken. Before I could verbally hit the guy, another gentleman said they had no business opening the sunroof for inspection (in PA, just the drive side window has to work). They were obviously enjoying the car on a nice day... The gentleman said they would close the roof and to leave it with them. We took the car (Wife had class), but dropped if off later that afternoon. Let's call this Day 1.

On Day 2 (or later on Day 1), they said they couldn't get it closed, and they think it was open when I dropped off the car. I assured them it wasn't, and to keep trying. Wife needed car again for class Day 2 afternoon, and we dropped it off again Day 2 night after hours.

Day 3, around 2pm, I stopped in, and stated that I needed the car fixed (had it all day at this point), and they stated they couldn't do it. I was speaking to the manager, who said bring it to the dealer, and get it closed. I told them I knew the sunroof didn't work, and had I known they were going to open it, I would have told them not to, it just didn't even cross my mind. I told the manager I 'didn't want something for nothing', and didn't want Mercedes to fix the sunroof, just close it and get everything water tight like I brought it in. He said they might have to replace the sunroof. I said I hope not, because I've read it's close to $2000 dollars. The manager said he thought it might even be more.

I brought the car to MB that afternoon. They called me back shortly and told me this and that needed to be replaced, and it would be about $2500. I balked. I said I just wanted the sunroof closed. He told me there was absolutely no way to close the sunroof without effecting these repairs. I said I needed it, explicitly in writing, which he told me he would do (and did). I picked up the car after the weekend, to the tune of $2900 (another part needed to be replace).

I dropped the paperwork off at the Midas. The manager wasn't in, and wouldn't be in the next day either. He should be in on Friday. no call Friday. I called him Monday. He said he should have been contacted with an estimate, and that he would only pay for one hour of labor. I remained polite and told him that I agree while the situation is unfortunate, and I too was surprised that they could not close it, and explained my position. He calmed down a bit and said he was still working with Corporate and insurance but was pretty sure they weren't going to pay $2900 to close a sunroof...

It's Tuesday now. He took my cellphone # and said he would call me back.

What are my options here?

The bottom line is, I brought my vehicle in, they damaged it by removing it's water-tight feature... (opened the sunroof and were unable to close it, meaning it would be rained in unless repaired/closed).

Manager said go to the dealer, and knew what to expect. I know we were both shocked, but I even had my Service Advisor state that 'There was no other way to close the sunroof without performing the work listed in the work order'

I was thinking Small Claims Court if the shop flat out refuses to pay. I gave them 3 (more like 2 full due to the few hours she need the car) days to work on the car, and my wife saw a few different people working on it.

Thoughts? I may be leaving out a detail, so please ask if something is vague!

Thank you guys.

*edit*
[thought I put this in before]. There is no way to accidentally open the sunroof. You must hold the button for ~20 seconds as the sunshade fully retracts, and then the roof opens.

*edit. Resolution on page 5!*

[KevinP73]

Tough call. I appreciate your position as the car owner AND they had NO legitimate reason to be opening the roof But....the sunroof was broken before you gave the car to them to perform an unrelated service. The fact that you had gotten lucky in the past by being able to close the broken roof doesn't mean the shop should be liable for repairing it if they are not as lucky as you were to get it closed.

[masraum]

call a lawyer...

[stomachmonkey]

Originally Posted by KevinP73

Tough call. I appreciate your position as the car owner AND they had NO legitimate reason to be opening the roof But....the sunroof was broken before you gave the car to them to perform an unrelated service. The fact that you had gotten lucky in the past by being able to close the broken roof doesn't mean the shop should be liable for repairing it if they are not as lucky as you were to get it closed.

A little torn but I kinda gotta agree with Kevin.

If you had told them going in that it was broken and not to touch it different story.

They'll offer you something but not sure they owe you the entire $2,900.

[GH85Carrera]

To be fair I would suggets you split the cost for the repair with them.

[porsche4life]

I'd say if you can get them to split the costs..... Chock it up to experience and count yourself lucky

[phoenix_iii]

The only problem I have with the advice so far is that I dialogued with the owner before going to the dealer. He said bring it there, pay whatever needs to be paid to get it to close, and he will pay for it. I said it I hope they don't have to tear it apart because it could be $2000+. He said he wouldn't be surprised if it was more than that. I said I hope not, and we both agreed.

MB did the absolute minimum needed to get the roof closed, which was what I directly asked for, and they put on the work order.

Does this change anyone's opinion? All I know is I should have had the owner put it in writing... If he honors his word, we're good.


*edit to add*

What would be the difference if they dropped the 60/40 rear seat, and it wouldn't relatch. I didn't tell them not to load Ski's, but they again would have had no legitimate reason to split the rear seats. Wouldn't they be liable to get it latched, or repair (or replace, if necessary) said latch, as it was outside the scope of the work requested? and if given 2+ days to repair it, and they could not, and the owner said take it to the dealer and whatever it costs, it costs, and our mutual estimates put it right at what the repair (unfortunately) cost... ?

[Brando]

Fact: You knew it was broken before taking it there.
Fact: They opened the sun roof, but didn't know any better.

So: The Midas shop didn't break it.

Should they have closed it? Maybe. Or at least, known how to. Most definitely they shouldn't have given you the chatter run-around about "it was open when we got it", etc. Lying I cannot tolerate and calling them on their BS is prime.

IMHO you should have informed them it was broken and they shouldn't have to pay half the bill for a repair that they're not responsible for.

I've been in a similar situation before at previous employment. Customer forgets to tell you that something non-critical was inoperable, and we took the courtesy to inform them. Sadly, you always get one or two that pretend that it worked before, but you broke it. Those are fun.

[KevinP73]

From what I can see the Midas manager saying "pay whatever needs to be paid to get it to close" was too vague an instruction to act upon. At least with out it being in writing. He clearly had NO idea what MB would have to do in order to close the roof.

[stomachmonkey]

Originally Posted by phoenix_iii

*edit to add*

What would be the difference if they dropped the 60/40 rear seat, and it wouldn't relatch.

Depends, was the seat latch broken before it arrived at the shop?

[KevinP73]

The fact that they opened the sunroof and had no legitimate reason to do so would make me very hesitant to ever take a car back to them but I still don't think it makes them responsible for the repairs on the roof.

[phoenix_iii]

I would have gladly accepted 'closed and broken', which was the status I brought it in as. The thing is, it didn't even cross my mind. The equipment necessary to do the inspection and operate the car safely (motor/drivetrain, mirrors/seat adjustments, etc) were all fine, and expected to be manipulated.


1) It's not a requirement for PA inspection
2) I never use it, of course


The real problem here is that there was no way to close it without replacing the parts, according to MB. If that is the truth (and I have no reason to believe otherwise), then that was the minimum effective effort required to close the roof.

The whole situation is just unpleasant.

[McLovin]

Originally Posted by KevinP73

The fact that they opened the sunroof and had no legitimate reason to do so would make me very hesitant to ever take a car back to them but I still don't think it makes them responsible for the repairs on the roof.

I agree.

I think the issue is whether or not the shop was legally negligent. I don't think they were. It wasn't like they were out doing donuts in the parking lot. That would be like claiming they were negligent for rolling down a window. Cars need to be moved around, test driven, etc., someone could have just cracked the sunroof open to ventilate the car a bit. Hard to say that's such a horrible, or negligent, thing.

[Cdnone1]

Was opening the sunroof part of the inspection, or something that you could have reasonably expected them to do in the duties they where hired to preform on your car?
Steve

[KevinP73]

I agree that there was NO need for you to warn them about the sunroof when you dropped off the car. But it doesn't change the overall situation of the roof being non functioning in the first place. I think if the shop owner is willing to pay for the time you say it took you to close it previously then you should take it and get on down the road to a better service provider.

[McLovin]

p.s. if they managed to get it closed, you might want to disconnect the wires on the switch.

[jyl]

People normally assume that things are operating normally. No-one should be expected to anticipate that a normally harmless act will causes big harm. Suppose opening the sunroof on your car causes the engine to melt down, or the whole car to self-destruct. Would you expect Midas to pay $10,000 or $20,000 for what should have been a harmless press of a button? You brought them an accident waiting to happen, and didn't warn them about it. I dont think they owed you anything. Now the car has not only been restored to it's original state, it has been improved (the sunroof now works). So if Midas paid the full $2900 you're actually going to profit. I think if you can get $500 or $1000, grab it as it is more than you actually deserve.

[KevinP73]

Originally Posted by jyl

I think if you can get $500 or $1000, grab it as it is more than you actually deserve.

If you get that kind of money out of them PM the address to me. I have a 944 that the a/c isn't working on.
I'm sorry you had a bad experience but you should chalk this one up to Murphy's Law #3 ***** Happens

[UconnTim97]

Did you park the car taking up two spots when you dropped it off? Just kidding.

As a PA resident I too suffer through those yearly inspections. Once a Honda dealer broke my door handle, which they obviously have to use. They offered to get the labor charges if I paid for the parts. Worked out for me. I would have shown Midas an estimate before the work was done, especially almost $3000 worth. They should be responsible for part of the repairs since they were not required to operate the sunroof. That could have been determined before the sunroof was repaired.

[phoenix_iii]

Originally Posted by Cdnone1

Was opening the sunroof part of the inspection, or something that you could have reasonably expected them to do in the duties they where hired to preform on your car?
Steve

Not required for inspection. Not a hot day at all (high of 75 I think).

Just like if it was a 911 cab and the mechanized top wasn't working, no need for them to put the top down on it as part of the inspection process.

As stated, it wasn't a trap, and I didn't want this to happen. I wish they would have just stuck to the script and done the service required and not played around.