Need some legal advice- Body shop!
09-06-13, 08:26 PM
#1
Rotary Freak
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Need some legal advice- Body shop!
Ok so about 6 months ago i put up a thread on here and various forums looking for a body shop to Paint my VW GTI...I found one local that a member recommended that qouted me 1200 bucks to do.
on aug 11th- my neighbor backed into my car out of her driveway...I took my car to this same body shop and got an estimate to repair the car- 1650$ for new parts and labor and paint....IF SHE WERE TO PAY CASH.....I asked to have the whole car painted- He dropped teh price to 950 if i got it done at the same time as the repairs...I went back and dropped off the car a few days later...with a Printed List of EXACTLY WHAT I WANT OFF THE CAR and Fixed/Painted...A check list per say...To make sure everything was covered.
A few days later the insurance check showed up and i signed it so they could go on, ordering the fenders/bumpers ect...The adjuster wrote up a check for 2300 dollars for the repairs...So basically the body shop has 700 $ more to play with.
These parts were supposed to be replaced via the insurance:
Bumper
Grill
Fender
Headlights
Radiator support
It took another 4 days before they even attempted to order my headlights and grill (euro -ecodes)...at the time they were back ordered and I HAD TO ORDER THEM VIA ANOTHER COMPANY ON MY CREDIT CARD(387$)...the agreed to discount that off of the 950 i owed them...
Since then I have gone back to check on the car...The first day i went back (a week or so ago) The car was painted, But they didnt Fix/sand/paint my fender wells or the Sunroof jams (sunroof was removed) Or my rocker panels and the Car didnt have the front end on it...and was still using the old radiator support....
THIS WAS 3 WEEKS into them having my car..
2 Days go by and i went back to check on progress...they "fixed" my fender wells....Which were clearly covered in primer and missed spots...The mirrors were unpainted, Sunroof jam unpainted..Pretty much nothing was done yet...STILL NO RADIATOR SUPPORT.
They have RE USED:
My bumper
Radiator support....
When i showed up today...Things were still wrong with my car...TODAY THE CAR IS SUPPOSED TO BE FINISHED...
THEY HAVE NOT:
fixed the fenders
Fixed the sunroof
The radiator support was painted black gloss (its black factory) which leads me to believe they re used my old support and pocketed that money as well...
The front turn signals ( BRAND NEW) passenger side were crooked and held on by zip ties
The passenger side window seal was torn
I have not been back to the shop yet but i want to know what legal action i have to protect myself...I told them i would have to order the seal myself and to put the factory seal back on...I asked them to fix the front bumper signals..and that i expect a quality job and not a jerry rigged one..thats not what im paying for...The shop owners wife responded "your cars done come get it"...Im assuming this means they arent going to fix anything... and they still havent fixed 50% of the things on my list that we agreed to.
So what can i do?
I signed the insurance check...they have that cash... 700+ the cost of the Bumper i never got and radiator support i never got..
I Owe 580 ish dollars for the remainder of the paint ( WHICH WAS NEVER COMPLETED TO OUR AGREEMENT)
Ive literally had to babysit them this whole time. Ive asked them to call me if they have any questions..and they have gone on completing work Incorrectly...
I DO NOT/WILL not pay my portion of the Paint until it is completed 100%....Do they have the right to hold my car against me...What can i do ?
on aug 11th- my neighbor backed into my car out of her driveway...I took my car to this same body shop and got an estimate to repair the car- 1650$ for new parts and labor and paint....IF SHE WERE TO PAY CASH.....I asked to have the whole car painted- He dropped teh price to 950 if i got it done at the same time as the repairs...I went back and dropped off the car a few days later...with a Printed List of EXACTLY WHAT I WANT OFF THE CAR and Fixed/Painted...A check list per say...To make sure everything was covered.
A few days later the insurance check showed up and i signed it so they could go on, ordering the fenders/bumpers ect...The adjuster wrote up a check for 2300 dollars for the repairs...So basically the body shop has 700 $ more to play with.
These parts were supposed to be replaced via the insurance:
Bumper
Grill
Fender
Headlights
Radiator support
It took another 4 days before they even attempted to order my headlights and grill (euro -ecodes)...at the time they were back ordered and I HAD TO ORDER THEM VIA ANOTHER COMPANY ON MY CREDIT CARD(387$)...the agreed to discount that off of the 950 i owed them...
Since then I have gone back to check on the car...The first day i went back (a week or so ago) The car was painted, But they didnt Fix/sand/paint my fender wells or the Sunroof jams (sunroof was removed) Or my rocker panels and the Car didnt have the front end on it...and was still using the old radiator support....
THIS WAS 3 WEEKS into them having my car..
2 Days go by and i went back to check on progress...they "fixed" my fender wells....Which were clearly covered in primer and missed spots...The mirrors were unpainted, Sunroof jam unpainted..Pretty much nothing was done yet...STILL NO RADIATOR SUPPORT.
They have RE USED:
My bumper
Radiator support....
When i showed up today...Things were still wrong with my car...TODAY THE CAR IS SUPPOSED TO BE FINISHED...
THEY HAVE NOT:
fixed the fenders
Fixed the sunroof
The radiator support was painted black gloss (its black factory) which leads me to believe they re used my old support and pocketed that money as well...
The front turn signals ( BRAND NEW) passenger side were crooked and held on by zip ties
The passenger side window seal was torn
I have not been back to the shop yet but i want to know what legal action i have to protect myself...I told them i would have to order the seal myself and to put the factory seal back on...I asked them to fix the front bumper signals..and that i expect a quality job and not a jerry rigged one..thats not what im paying for...The shop owners wife responded "your cars done come get it"...Im assuming this means they arent going to fix anything... and they still havent fixed 50% of the things on my list that we agreed to.
So what can i do?
I signed the insurance check...they have that cash... 700+ the cost of the Bumper i never got and radiator support i never got..
I Owe 580 ish dollars for the remainder of the paint ( WHICH WAS NEVER COMPLETED TO OUR AGREEMENT)
Ive literally had to babysit them this whole time. Ive asked them to call me if they have any questions..and they have gone on completing work Incorrectly...
I DO NOT/WILL not pay my portion of the Paint until it is completed 100%....Do they have the right to hold my car against me...What can i do ?
09-07-13, 02:06 PM
#2
there's an old saying, you get what you pay for and it sounds like you wanted quite a bit for the amount to be paid.
if you signed an estimate for all those parts to be replaced then they should have been replaced and if they weren't and they did not ask for additional in costs then you can take them to small claims court for the cost of the replacement parts not installed and the labor to install them and finish the work that you agreed to.
unfortunately this usually means taking it to another shop for yet another estimate to do the repair work that wasn't completed and your time filing and going to court. you may just want to try and calmly talk to the shop and see what they are willing to do, if nothing then you may just have to go that route.
i didn't see any mention of a timeframe either, so pressing them to complete it before they're done may just be putting you on a treadmill for that worst case scenario. the shop won't lose anything but some time if they have to go to court. impatience never gets you what you want in the end, just remind them of what they agreed to do. if you go to a cheaper shop then usually that patience is a requirement.
in the future, if you want a reasonable timeframe and well done job it usually costs a premium. most decent shops charge $3k just to paint a whole car, nothing else.
if you signed an estimate for all those parts to be replaced then they should have been replaced and if they weren't and they did not ask for additional in costs then you can take them to small claims court for the cost of the replacement parts not installed and the labor to install them and finish the work that you agreed to.
unfortunately this usually means taking it to another shop for yet another estimate to do the repair work that wasn't completed and your time filing and going to court. you may just want to try and calmly talk to the shop and see what they are willing to do, if nothing then you may just have to go that route.
i didn't see any mention of a timeframe either, so pressing them to complete it before they're done may just be putting you on a treadmill for that worst case scenario. the shop won't lose anything but some time if they have to go to court. impatience never gets you what you want in the end, just remind them of what they agreed to do. if you go to a cheaper shop then usually that patience is a requirement.
in the future, if you want a reasonable timeframe and well done job it usually costs a premium. most decent shops charge $3k just to paint a whole car, nothing else.
Last edited by RotaryEvolution; 09-07-13 at 02:14 PM.
09-07-13, 03:05 PM
#3
Rotary Freak
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Their time frame was one week. its been one month...I am not in a hurry because i have a rental paid by the insurance company..But what i do want is a quality job..Having your fender lines streaked with primer because they didnt cover the whole surface area i wouldnt call quality lol...I've been calm so far....But i am very very tired of having to hold their hand through this whole process....I mean...you build motors...and you build them to client specifications right?
So if someone wants something specific , you do it ...and if you have any questions you would ask BEFORE you slap it all together and call it good right? Isnt that common sense ?
Its pretty dumb to think i have a list
"pull off the rear hatch spoiler and paint trim black"
"spray inside jam on the sunroof (which i removed completely from the car)"
stuff like that was just ignored and its not anything hard to do while your spraying the rest of the car ect ect
I have been having to go back time and time again because , every time i go this has been an issue..and the last thing i wanted to have "THEM" do is slap the whole car together and call it done and then I show up pissed off and make them take it all apart again...I would think that would waste so much more time then just doing it right the first time....When they say the car is done i expect it to be done according to what we agree'd to when the car was dropped off....not as they see fit...when the screw up
So if someone wants something specific , you do it ...and if you have any questions you would ask BEFORE you slap it all together and call it good right? Isnt that common sense ?
Its pretty dumb to think i have a list
"pull off the rear hatch spoiler and paint trim black"
"spray inside jam on the sunroof (which i removed completely from the car)"
stuff like that was just ignored and its not anything hard to do while your spraying the rest of the car ect ect
I have been having to go back time and time again because , every time i go this has been an issue..and the last thing i wanted to have "THEM" do is slap the whole car together and call it done and then I show up pissed off and make them take it all apart again...I would think that would waste so much more time then just doing it right the first time....When they say the car is done i expect it to be done according to what we agree'd to when the car was dropped off....not as they see fit...when the screw up
09-08-13, 02:41 AM
#5
Rotary Freak
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But that's the best method IMO 
or atleast the one im trying not to use at this moment...It's starting to sound like im gonna have to fork up the cash just to get my car in my hands and then sue later to get it back? Is that pretty much how it works?
or atleast the one im trying not to use at this moment...It's starting to sound like im gonna have to fork up the cash just to get my car in my hands and then sue later to get it back? Is that pretty much how it works?
09-08-13, 12:03 PM
#6
it depends if they are willing to correct what they haven't done so far that you both agreed upon. i would just ask for a timeframe on completion still, and ask if they are going to do everything you asked so you can prepare for the possibility of having to sue for the completion costs.
09-10-13, 11:34 AM
#7
What did the shop look like? What kind of paint booth do they have? A down draft or a rear draft or are they just painting it in a garage? The cheapest i have ever found a full color swap at a shop I would trust with my car run in the 7k range.
I have painted many, many cars and I can tell you I had over $1,300 in just materials to paint an old school VW bug. The materials on a good paint job should be in the $1,200- 2k range not including any labor and painting cars is very labor heavy.
My guess is that your car was done with the cheapest single stage paint they could find. Its like they said above me you get what you pay for. Sounds to me like you got a LOT more than you paid for. Question for you, did the shop write up the "check list' for your car or did you, and did they sign off on the checklist BEFORE you were quoted a price? Or did they give you price and then you started making a bunch of extra demands without wanting to pay extra?
I have painted many, many cars and I can tell you I had over $1,300 in just materials to paint an old school VW bug. The materials on a good paint job should be in the $1,200- 2k range not including any labor and painting cars is very labor heavy.
My guess is that your car was done with the cheapest single stage paint they could find. Its like they said above me you get what you pay for. Sounds to me like you got a LOT more than you paid for. Question for you, did the shop write up the "check list' for your car or did you, and did they sign off on the checklist BEFORE you were quoted a price? Or did they give you price and then you started making a bunch of extra demands without wanting to pay extra?
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09-10-13, 12:35 PM
#8
Rotary Freak
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^believe it was a down draft, in a booth. It wasnt a color swap but a re spray black.
When i brought the car to them for qoutes we talked about everything listed on the "check list"...I put it down on paper so that when i picked it up WE could verify everything was done, that was agreed to. No extra demands were made...I was very specific from the day i dropped it off.
I wasnt looking for show quality paint, I daily driver the car and its gonna get rock chips ect...But i sure as hell didnt want a maaco job that was gonna flake off in a year or two. I figure a 5 year warranty in my hands will last close to double that before i have problems. and by that time it will be retired in the garage lol.
Will update the thread as i go, gonna look at the car today.
When i brought the car to them for qoutes we talked about everything listed on the "check list"...I put it down on paper so that when i picked it up WE could verify everything was done, that was agreed to. No extra demands were made...I was very specific from the day i dropped it off.
I wasnt looking for show quality paint, I daily driver the car and its gonna get rock chips ect...But i sure as hell didnt want a maaco job that was gonna flake off in a year or two. I figure a 5 year warranty in my hands will last close to double that before i have problems. and by that time it will be retired in the garage lol.
Will update the thread as i go, gonna look at the car today.
09-11-13, 02:31 AM
#12
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Ok...so i got my car back...after arguing with the owner for a while...he basically admitted. That if i were to pay cash to his qoute he gave me i would have had NEW parts and the same paint job for 1600 .....but because insurance cut him a fat check ....and a new radiator support wasnt listed under mercury insurance's adjuster's qoute...He didnt put a new one on...basically doing WAY less work, Less new parts for WAY more money 2300$...
So i told him..so basically what your saying is if i would have had mercury cut me the check and i paid you cash...I would have gotten a way better job for way less money...But since they sent you the check...you do an inferior job, and pocket the extra cash.....
THIS IS NOT ALLL.....
I woke up this morning to take my car to work and it wont start...So i get a jump and figure out ...HEY my lights are on ALL OF THE TIME...THEY NEVER TURN OFF..I called the shop, because they were messing with my car....They couldnt figure out to disable the factory alarm system you had to turn the door key TO THE LEFT..they tried to say i brought them my car with the lights on and alarm problem...after i explained the lights were on as a result of you not UNLOCKING the door, thus activating the factory alarm system...they were not on all of the time. They were not left on when i dropped my car off to them upon delivery..After spending two hours of my time i fixed it...
The shop owner was supposed to call me about this issue, I never once received a call today.
Having to Dig into my rear tail lights to fix the ground they broke...I found out that my license plate tub's top left corner was wayyy loose, when i pulled on it....I removed the hatch cover to find that the mounting bolt they stripped out of the plastic...Wouldnt be a big deal...But i do have a system and RATTLING AROUND TOWN IS NOT COOL....
Oh and While checking the E-code wiring...For the ECODES I PAID FOR and THEY REPLACED BRAND NEW, SHIPPED TO THEIR DOOR...I pulled the harness out of the back of the light to find this...They broke the brand new light's pin...and wedged in some copper wire...ghetto fixing it...Oh btw if that wire is not in there..The headlights do not work at all, low or hi beam...Hmm I wonder who is going to pay for my car when theres an electrical fire..
Oh that is not all either! MY passenger Window Seal, Was TORN upon removal or Reinstallation by their shop guys...They never once offered to pay or replace it...I just called robert at Riverside VW and they no longer make/offer this part...and the only places i found that MAY carry it were off brand sites..for over 200$ a piece...thats gotta come out of my wallet right?
TO BE CONTINUED...Im going back down there tommarrow..
**** thats broken:
licence plate tub
Window Seal
Ecodes
So i told him..so basically what your saying is if i would have had mercury cut me the check and i paid you cash...I would have gotten a way better job for way less money...But since they sent you the check...you do an inferior job, and pocket the extra cash.....
THIS IS NOT ALLL.....
I woke up this morning to take my car to work and it wont start...So i get a jump and figure out ...HEY my lights are on ALL OF THE TIME...THEY NEVER TURN OFF..I called the shop, because they were messing with my car....They couldnt figure out to disable the factory alarm system you had to turn the door key TO THE LEFT..they tried to say i brought them my car with the lights on and alarm problem...after i explained the lights were on as a result of you not UNLOCKING the door, thus activating the factory alarm system...they were not on all of the time. They were not left on when i dropped my car off to them upon delivery..After spending two hours of my time i fixed it...
The shop owner was supposed to call me about this issue, I never once received a call today.
Having to Dig into my rear tail lights to fix the ground they broke...I found out that my license plate tub's top left corner was wayyy loose, when i pulled on it....I removed the hatch cover to find that the mounting bolt they stripped out of the plastic...Wouldnt be a big deal...But i do have a system and RATTLING AROUND TOWN IS NOT COOL....
Oh and While checking the E-code wiring...For the ECODES I PAID FOR and THEY REPLACED BRAND NEW, SHIPPED TO THEIR DOOR...I pulled the harness out of the back of the light to find this...They broke the brand new light's pin...and wedged in some copper wire...ghetto fixing it...Oh btw if that wire is not in there..The headlights do not work at all, low or hi beam...Hmm I wonder who is going to pay for my car when theres an electrical fire..
Oh that is not all either! MY passenger Window Seal, Was TORN upon removal or Reinstallation by their shop guys...They never once offered to pay or replace it...I just called robert at Riverside VW and they no longer make/offer this part...and the only places i found that MAY carry it were off brand sites..for over 200$ a piece...thats gotta come out of my wallet right?
TO BE CONTINUED...Im going back down there tommarrow..
**** thats broken:
licence plate tub
Window Seal
Ecodes
09-11-13, 01:51 PM
#13
Tell them if they don't fix everything 100% pronto you will report them to the Bureau of Auto Repair; contact BAR yourself & ask to have a state inspector contact you, with regard to insurance fraud.
May do nothing, may get them lit up like a christmas tree - - relying on the state for anything any more is chancy at best, but it does give you an additional stick to beat them with.
It's clear based on your description that the shop has zero intent to make good on your car. Time to motivate them.
Do everything in writing (phone calls don't mean anything) & keep notes. Considering the damage you're uncovering, you could end up above the small-claims limit.
May do nothing, may get them lit up like a christmas tree - - relying on the state for anything any more is chancy at best, but it does give you an additional stick to beat them with.
It's clear based on your description that the shop has zero intent to make good on your car. Time to motivate them.
Do everything in writing (phone calls don't mean anything) & keep notes. Considering the damage you're uncovering, you could end up above the small-claims limit.
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