Owner refuses Payment

I gave 2 body estimates and 1 mechanical estimate to the owner of the shop.The reasonable total was around $1300 to repair the damage.He said that was way to high and my car is not worth that much,$15,000 he says.He offered me $400 and after he said the pinched oil line was not his fault I went through the roof!His reply was I think he has deep pockets and IM trying to gouge him for damage that was already done.His last reply was I've been to court with guys like you before and have never lost,see you in court "click".
What can I do know?

Option 1: take the $400 and be done with it.
Option 2: file suit in small claims court. If you have pictures of before and after damage on your car, or witnesses to either how your car was before or who saw what happened, you are in good shape. What you need to keep in mind is that you have to prove to the judge that the damage is the direct result of the defendant's negligence. Be creative, can you get someone from a garage or body shop that can testify the damage is recent or the car couldn't continue running with this damage? Does the damage match up to the type of lift the defendant was using? Good luck.

Kurt V
72 911E

See if you can negotiate more than the $400
if you can take whatever youcan get over the
$400.
Another option contact your MVD which will
investigate and might put pressure on him to settle this matter.

You can also contact a lawyer this will cost you money. Have the lawyer make a phone call
send a nasty letter to try an get your money.

Small claims is an option takes a long time and in the end if you win he still has to fork over the money which is not always easy to get even if you win. Small claims gives you the satisfation of proving you were right but does not always give you what you were after. It can be a long drawn out process. I know....

I would try and get what ever you can from him now. Even if it is not all that you want.
Warn aother potential customers about his shody work and definetly file a complaint with MVD.

Good Luck

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• Joe A.
• 84 911 Targa
• 75 914/6 3.0

I have before and after photo's and 2 witnesses who work on my car that can verify that the damage appeared the day after the
service.He say's it's not worth it to him to turn it in to his insurance.

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Mully 911

BBB, he has to address the complaint with the better business bureau.

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Robert Stoll
83 SC
83 944

As they say "It's better to be pissed off than pissed on". My opinion is that if you take the $400 you're getting "pissed on".

Do you not have a lawyer who can give you an opinion or advise you. Do you not have comprehensive insurance coverage, if so claim on your insurance and they'll go after the garage owner.

You are probably going to have problems dealing with the garage because they have an insurance deductible a chunk of which will be taken out of the pay of the guy who did the damage.

BBB/Automotive Repair Bureau (if your state has one). Apparently CA has a pretty good ARB, check your state out.

My insurance was not active until 2 days after the damage,I only drive the car in the summer here.

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Mully 911

File a claim with the Better Business Bureau. If he is a rebutable shop owner this will put alot of pressure on him. It will also warn others when they check to see if any complaints have been filed against the shop. But don't expect this to solve your problem. I would take the $400 "under protest", putting it in writing, and file a small claims for the rest.

My guess is he won't even give you the $400.

Mully....I think Orb is right. At this point, the shop owner seems resolved to just "blow you off". He's ready to let you sue him, and it's not worth the insurance claim to his business.
But if his business means anything to him, he probably would not appreciate a lot of bad press.
Around here, the local new stations have "investigative reporters" that will air your story if they think people are getting ripped-off. Try calling them. If they're interested, you can call the shop back and let them know a whole bunch of negative publicity could be heading their way.


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Clint
73T mfi coupe

File with the BBB and file a small claims court action. All you have to do is prove the condition before you gave him the car, the condition after, and what the estimates say it will cost to fix. You can do that by your testimony alone and the estimates, or with pictures, if you have them. You don't have to prove negligence or even how the damage occurred, only that it happened when the car was in his control. The shop owner will be stuck arguing that you are either wrong or lying. Either way, he will have no evidence to say your car was NOT damaged, only his argument. Unless the judge thinks you are lying or puffing the claim, he will almost certainly award you everything. Don't even go back for additional aggravation from the shop owner. Just file the papers.

sorry to hear about your situation. on another note which may be far fetched - have you tried contacting your local news? nbc news has that "contact four on your side". i have seen many disputes fully settled to the consumer. good luck.
bob
'68 911L

Your insurance was not in effect?????

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Robert Stoll
83 SC
83 944

I have pic's of my car before the damage and after.I will be getting the papers for court today.

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Mully 911

if he's been to court a lot like he says, research the public records to see why. a guy that repetedly is hauled into court doesn't look too good to most judges. ask your insurance agent to contact his insurance company.

i would let your insurance co. deal wtih whole thing.

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mike 87 coupe'

My Ins was not in effect yet!

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Mully 911

Summons the company to Small Claims Court. As an individual you can represent yourself, but companies have to be represented by an attorney. The shop owner will most likely turn it over to his insurance company, and they will most likely settle with you because it would cost them more than $1300 to go to court.
I have twice taken to SCC the auto insurance companies of other drivers, after they refused to pay claims, and in both cases they paid up after their clients got the summons.
As somoneone else pointed out, getting paid is another matter. I once took the Dominican Airlines to SCC over denied boarding compensation, got a judgment agianst them, and then they stopped flying to the US becuase their planes were about to be seized by US creditors. However, since your tire store owner has fixed assets in place, you can get a lien ...

If you take him to small claims court you will win as long as you do the following:

1. Have all of the evidence prepared in a neat and organized fashion.

2. State your case clearly with facts alone, and don't do it in a roundabout fashion. Don't bring in extraneous information or emotions. Explain you brought your car into the shop to have the tires put on. Show the dated receipt for the work. (Exhibit A) Explain there was no previous damage, and have a witness to corroborate. (Witness 1) Show pictures of the damage and show a picture of his lift or a similar lift to his and explain how the damage was caused by his lift. (Exhibit B). Show the receipts for damages including the oil line (Exhibit C). Explain how the oil line works to the judge, he will appreciate it as long as you do not make it long-winded. Explain how you presented this to the shop owner and he refused to pay, so you are seeking damages in court.

3. Maintain calm. Do not argue with the guy in court (if he even shows up) and do not bring up any extraneous information. The court will not appreciate it. If he lies, do not get emotional. You have stated your case. If you provided the facts truthfully and clearly the judge will award in your favor.

You will win this. The only problem is getting the money. Depending on the jurisdiction, it may be actually very hard to collect from the guy. Some areas are very bad, and others are very good. Depends on the Marshall.