Tire mounter scratched wheels. How do I recover damage?

[cstreit]

Gang,

I took a set of wheels to the local tire dealer to have tires mounted yesterday. The Gen. Mgr. was there and I asked him specifically to be careful as they were pristine and new.

Well they scratched them, of course.... I spoke with the GM this morning and he said "Well we dno't want to do these anymore if this is going to be a problem." Well no kidding!

So he also mentioned that he didn't think they should pay to re-paint them... I signed no agreements, there are no disclaimer signs in the shop.

DO I have a small claims court case? What's the best way to win?

[Joeaksa]

Chris,

I had much the same thing happen but I caught them doing it, stopped the work and brought the manager over and showed him. He paid up with no problems.

I would contact their head office and send a copy to the local branch. Send them pictures of the wheels and hopefully a picture of them before the work without the scratches. Offer to work it out before taking legal action. Usually works as they have insurance for this sort of thing.

Joe

[cstreit]

I came afterwards, pointed it out to the manager, who referred me to the regional manager, who told me 'These things happen" and that he'll pass it up to the owner.

I doubt the owner will do anything, as he will just hang in on the GM. I expect small claims court is in my future...

But I have

1) Before and after pictures
2) Document estimate from paint shop and can get testimonial on damage.
3) Testimonial from another tire shop that this sort of damage should not occur in normal circumstances...
4) TOld the GM that I was going to be nice if they were but that if I wanted to get ugly, the cost for a wheel re-finish (as opposed to re-paint) was MUCH higher... Letting him know i had pictures and estimates already...

[Jeff]

Chris,

Maybe you could contact the BBB.

[pbs911]

I expect small claims court is in my future...
But I have
1) Before and after pictures
2) Document estimate from paint shop and can get testimonial on damage.
3) Testimonial from another tire shop that this sort of damage should not occur in normal circumstances...
4) TOld the GM that I was going to be nice if they were but that if I wanted to get ugly, the cost for a wheel re-finish (as opposed to re-paint) was MUCH higher... Letting him know i had pictures and estimates already...

Is #3 in the form of a declaration, stating the declarant's expertice in the area, signed under penality of perjury. If not it is heresay. If you need a sample I can email you one.

As far as #4, you will not be placed in a better position then you were in prior to the damage. You may also have to absorb the costs of filing the suit since there is no written agreement for the recovery of costs and fees.

But it sounds like you have everything to present a winning case. I would send a little package via certified mail demanding settlement with a date certain you want damages paid, and stating you will file a claim on a date certain. If they don't pay by that date then you must file the claim or lose credibility.

I would also report the incident with the BBB.

[73911guy]

I had a similar situation about 10 years ago - took a GM aluminum wheel in for a flat repair and it came back with the clear coat skinned and the aluminum gouged around the periphery of the wheel, as well as the center. Shop owner said he would pay $25 - 30 dollars to have the wheel repainted with clear and thats all.

Since clear coat won't stick to bare aluminum without a pretreatment such as anodizing, I declined, and filed suit in small claims court for a $30 filing fee.

On the court date, I found that the judge hadn't looked at the pictures I had submitted nor had he read the description. The tire shop brought in a lawyer. I asked for a new wheel at $320. The lawyer showed a picture of a sign that said "not responsible for damage to aluminum wheels that was posted over the tire changer. Funny, I said, that sign is located in an area that is posted as "no customers allowed". In the end, the judge ruled in my favor but only to what he felt was the value of a used wheel, which was $80.

My lessons learned are: 1. Gather as much information regarding the cost of the new wheel as well as estimates of repairing it. 2. Be prepared to show that it was new, never used at the time of the damage. 3. Be prepared to show that the reapir can or can't be properly done. 4. Be prepared to put on a show - it's all yours for the price of filing the claim - become your own Perry Mason - everything you see actors doing in the movies happens in court! 5. Don't be intimidated by the judge or the opposing lawyer - if you can show that you have more facts showing that they screwed up the wheel you can win. 6. Make sure YOU set the value of the wheel with diocumentation - don't allow the judge to come up with a number off the top of his head.

Good luck - I still remember winning the case and getting a check for the judgement as well as the filing fees just like it was yesterday.

Jim
'73 911