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phoenix_iii phoenix_iii is offline
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Join Date: Oct 2007
Location: Philadelphia area and Morristown NJ
Posts: 951
Unhappy Need Input: Vehicle Damaged by shop, they may not pay? (interesting event)

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!*
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Last edited by phoenix_iii; 10-02-2010 at 07:46 PM..
Old 09-29-2010, 10:18 AM
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