Should He Pay?

[BMC_Cobra]

Okay…my car has been sitting at this service shop waiting on the transmission to get put in and everything, and it was sitting outside on the shops property….well last night my front driver side tire gets cut by a knife and its flat now, and where its at that it can’t be patched.

Now the shop is saying that they are not responsible for this, and does not have to pay for me to get a new tire. I think that is total bullshit, and they are responsible, because it was on their property.

Does anybody know any laws that say that the shop is? He has no sign saying that he isn’t responsible or anything like that?

Its over $215.00 which is the price of a brand new tire

[hrsepwrbrat]

I'm not sure about that. I recently heard my boss talking about damage to a car at our body shop. I think it was hurricane damage she was talking about. Anyway, she said we're not responsible for the damage because the car was on our lot because the owner left it there. I don't know all the details, but bottom line was the owner knowingly left the vehicle there so any (hurricane) damage wasn't our fault. Might be different for vandalism, you might want to call a cop or a lawyer or something to be sure...

[spike]

I am not sure of local laws, but if it happened at our shop, I know we would have to pay for it.
If the shop wrote a work order on the car and knew that you were keeping it there, they took responsibility for the car.
You may want to check your local laws, though.
Good luck! :thumpupn:

[blown93feature]

The mear fact the car is still sitting there after all this time and no work done to it yet would be enough for me to say "later my car is outta here"

I would call a lawyer and ask just what you options are and go from there and besides you don't want your car there any longer especialy if you persue him for the tire damage.

[BMC_Cobra]

I am going to check with a lawyer on monday about it

[1nasty96]

The mear fact the car is still sitting there after all this time and no work done to it yet would be enough for me to say "later my car is outta here"

I would call a lawyer and ask just what you options are and go from there and besides you don't want your car there any longer especialy if you persue him for the tire damage.
thats what i would do talk to a lawyer

[ClintEastwood]

talking to a lawyer is going to cost you money...call the police dept. Why call a lawyer for 215 bucks when a lawyer will charge you a lot more than that if he takes your case.

[BMC_Cobra]

well I talked to a city cop, and this is what I found out....since I didn't sign anything when I droped the car off, they are not responsible for it. I never sign for dropping anything off there, because they do so much business with where I work and we send all of our customers there...so I'm pretty much SOL with that, and have to file a report with my insurance

[mustangfreak123]

that sucks man :ugh2: :cussing:

[02BlueStang]

I wouldnt file with your insurance you are only going to see your rate go up and Im sure you have a 500 deductible on vandalism if its covered at all under your policy...

Your best bet is to just cut your losses....hit a punching bag at the gym and put in those extra hours at work to buy yourself a new car.....

Always sign a work order when you are dropping your car off etc or even letting a friend take it out for a spin....any damage done to your vehicle by a shop or friend without having written consent of them taking the vehicle and being responsible for damaged while in their possition you are setting yourself up for disaster....

Also be sure that in the work order it states that they have liability of the vehicle while it is in their possession...many places put that they are not responsible for theft from the vehicle or vandalism to it while it is in their possession.....or just do what I do with my exhaust and body shop guys...I have my own garage they keep my car in :)

[J]

I say.. whoever has the keys is responsible :)

[04redmach1]

Thats bullshit. They should have never taken the car if they didnt have a safe place to store it. If its on thier property, THEIR insurance pays for it. Thats why businesses have insurance. How do you think someone can sue you if they fall on YOUR property. Call your lawyer, and talk with him over phone. FREE

[crimsonblack]

When your car is left at at body shop, etc they assume responsibility for the car and any damage that happens to it.

If they refuse to pay contact a lawyer. Sure it might be a pain in the ass, but they will pay rather than get the bad publicity.

A old friend of mine dropped off his 69 boss at a transmission shop while our sub went out to see for three months. They were going to completely rebuild the tranny while he was out. When we returned home they would not give him his car or let him see it. That weekend we broke into the rear lot and found his car totalled. Someone had broken into the car stole some engine, interior parts, wheels, tires, etc. The AAMCO transmission company had left the motor uncovered and the window busted out. The custom leather interior was soaked and molded. The engine had gotten water inside of it and covered in surface rust inside the engine.

AAMCO worked a settlement for the car, but you tire works the same way. They are responsible. Pitch a fit, threaten them with the newspapers and local news. Some local news stations have a team that will investigate this shit and put the bastards on television. They'll pay.

[HerNastyNotch]

Just my .02.

If you had left your car at Target or McDonalds and this happened, would you be thinking of suing Target or McDonalds? It doesn't make sense. The shop wasn't negligent nor are they responsible. Unless you sign a work order which indicates their policies on theft and vandalism, then you take that chance when you leave your car there. It's just a tire. It could have happened anywhere.

Now... having said all that, it is my opinion that just because the shop isn't legally responsible doesn't mean they shouldn't work with you on getting a new tire. They get their parts wholesale... the least they could do is get you a new tire at their cost or pay for half or whatever. Don't be too greedy.

Also, keep in mind that if you pitch too much of a fit before they are done working on your car and they shop owner tells you to take a hike, it will most likely cost you more money to take a car that is in pieces to another shop since they coiuld charge you more to go over someone else's work and make sure all the parts are there, correctly tightened/loosened, whatever... if you bring another shop's problems to a new shop, they might nail you for it.

[04redmach1]

when a shop agrees to work on your car, that is a verbel contract. your car is being left overnight unlike in a wal-mart parking lot. They are suppose to see that all customers cars are secured and taken care of. If that wasn't true then the owners can take whatever they please out of anyones car and say someone else did it and your SOL. Once you have a verbel agreement that they are going to ork on your care it is in their hands. It is on their lot over night to work on it. again thats why they have insurance. threat with newspaper and such. you will have it fixed. Was the yard fenced where you car was left? Or did they have a designated spot for over nigth cars?