Paint Damaged 06, Civil Suit Ideas?
06-30-2006, 03:47 AM
#1
1st Gear Member
Thread Starter
Join Date: Apr 2006
Posts: 53
Paint Damaged 06, Civil Suit Ideas?
Ok...bought an 06 Pony Package and within two months, decided to have a reputable graphics shop put vinyl graphics on my car. Stripes came out crooked, wrinkled and nothing to be proud of. Worked it out with the graphics guy to get my money back and got a full refund...obviously knew it looked like crap.
Spend a few hours taking off the rear stripes and @$&^@....he cut the stripes on the car and scratched my rear decklid to the primer in four perfectly stright lines...even through my center taillight lense. Car is three months old with 3k on the clock...now I am looking at paintwork.
Contact the graphics guy and he says bring it by. I did and he said his "buddy" can buff it out...I said right, its through the clear and paint...he assured me his paint buddy could get them out so I waited around the office for an hour and a half while they tried removing the scratches...of course, they come back and say they can't get them out.
Graphics guy says his buddy is a painter (same one who buffed and should have known the scratches couldn't be buffed out) and will repaint the decklid...I say I am not comfortable with your "buddy" painting on my 06 Mustang...graphics guy says he has a nice shop and it will turn out great.
Even I know that just repainting the decklid is not the proper way to repair these scratches...the new paint should be blended into the quarters to color-match to my Tungsten Grey Metallic...these two schmucks only want to paint the decklid. Talked to two reputable shops and they said to get my car back to pre-damage condition...color match and blend is necessary.
Graphics guy wants his buddy to paint it because he will do it for free and all he has to do is buy the paint. He rejected my written estimate to fix it at another shop here in town.
Heading to small claims court as we can't come to terms on how or who should fix the car. I have two written estimates showing "blending" and full detail of work necessary. I have email records of his admission to scratching the car and all his offers to have his buddy fix it. Some of his emails are even a little sarcastic to say the least. I have photos of the car showing scratches and even taped reference points showing exact location of scratches as they are hard to see in the photos.
My goal...hold this guy accountable for the damage to my car and return the car to pre-damage condition. What are all of your thoughts on small claims and my situation...do I have a shot at a judgement?
I hate to subpoena the body shop appraiser but this would be an excellent witness on my behalf...disputing the graphics guys thought of just repainting the decklid.
Full paint estimates are around $1600 and I asked the graphics guy weeks ago to just pay for my shop to paint rear stripes over the scratches as a means to save us both time and money...he laughed in my face.
So...I offered to settle for $320 and he said he wouldn't give me a dime. I now have written estimates showing all necessary repairs totalling around $1600. Should I hammer this guy is small claims and then paint the car however I see fit...stripes or no stripes?
All your thoughts are greatly appreciated. Just like bouncing these things off 3rd parties to make sure I am on the right track.
**I only mentioned painting stripes as I think this is my best avenue to repair my car. For the law suits sake, I have estimates to return my car to pre-damage condition with the factory paint. If the suit is successful, I can then evaluate how to repair my car.
Spend a few hours taking off the rear stripes and @$&^@....he cut the stripes on the car and scratched my rear decklid to the primer in four perfectly stright lines...even through my center taillight lense. Car is three months old with 3k on the clock...now I am looking at paintwork.
Contact the graphics guy and he says bring it by. I did and he said his "buddy" can buff it out...I said right, its through the clear and paint...he assured me his paint buddy could get them out so I waited around the office for an hour and a half while they tried removing the scratches...of course, they come back and say they can't get them out.
Graphics guy says his buddy is a painter (same one who buffed and should have known the scratches couldn't be buffed out) and will repaint the decklid...I say I am not comfortable with your "buddy" painting on my 06 Mustang...graphics guy says he has a nice shop and it will turn out great.
Even I know that just repainting the decklid is not the proper way to repair these scratches...the new paint should be blended into the quarters to color-match to my Tungsten Grey Metallic...these two schmucks only want to paint the decklid. Talked to two reputable shops and they said to get my car back to pre-damage condition...color match and blend is necessary.
Graphics guy wants his buddy to paint it because he will do it for free and all he has to do is buy the paint. He rejected my written estimate to fix it at another shop here in town.
Heading to small claims court as we can't come to terms on how or who should fix the car. I have two written estimates showing "blending" and full detail of work necessary. I have email records of his admission to scratching the car and all his offers to have his buddy fix it. Some of his emails are even a little sarcastic to say the least. I have photos of the car showing scratches and even taped reference points showing exact location of scratches as they are hard to see in the photos.
My goal...hold this guy accountable for the damage to my car and return the car to pre-damage condition. What are all of your thoughts on small claims and my situation...do I have a shot at a judgement?
I hate to subpoena the body shop appraiser but this would be an excellent witness on my behalf...disputing the graphics guys thought of just repainting the decklid.
Full paint estimates are around $1600 and I asked the graphics guy weeks ago to just pay for my shop to paint rear stripes over the scratches as a means to save us both time and money...he laughed in my face.
So...I offered to settle for $320 and he said he wouldn't give me a dime. I now have written estimates showing all necessary repairs totalling around $1600. Should I hammer this guy is small claims and then paint the car however I see fit...stripes or no stripes?
All your thoughts are greatly appreciated. Just like bouncing these things off 3rd parties to make sure I am on the right track.
**I only mentioned painting stripes as I think this is my best avenue to repair my car. For the law suits sake, I have estimates to return my car to pre-damage condition with the factory paint. If the suit is successful, I can then evaluate how to repair my car.
06-30-2006, 03:56 AM
#2
I ♥ Acer
Join Date: Apr 2005
Location:
Posts: 1,565
RE: Paint Damaged 06, Civil Suit Ideas?
From my vast legal experience watching People's Court... er... well, you have everything you need to win a decision. It's pretty cut and dry, especially since you have his admission to wrongdoing from his emails. Get all the cash out of him that you can and then do whatever you want with your ride.
06-30-2006, 10:42 AM
#4
I ♥ Acer
Join Date: May 2006
Location: Columbus, Ohio
Posts: 483
RE: Paint Damaged 06, Civil Suit Ideas?
ORIGINAL: jlcljayne
Ok...bought an 06 Pony Package and within two months, decided to have a reputable graphics shop put vinyl graphics on my car. Stripes came out crooked, wrinkled and nothing to be proud of. Worked it out with the graphics guy to get my money back and got a full refund...obviously knew it looked like crap.
Spend a few hours taking off the rear stripes and @$&^@....he cut the stripes on the car and scratched my rear decklid to the primer in four perfectly stright lines...even through my center taillight lense. Car is three months old with 3k on the clock...now I am looking at paintwork.
Contact the graphics guy and he says bring it by. I did and he said his "buddy" can buff it out...I said right, its through the clear and paint...he assured me his paint buddy could get them out so I waited around the office for an hour and a half while they tried removing the scratches...of course, they come back and say they can't get them out.
Graphics guy says his buddy is a painter (same one who buffed and should have known the scratches couldn't be buffed out) and will repaint the decklid...I say I am not comfortable with your "buddy" painting on my 06 Mustang...graphics guy says he has a nice shop and it will turn out great.
Even I know that just repainting the decklid is not the proper way to repair these scratches...the new paint should be blended into the quarters to color-match to my Tungsten Grey Metallic...these two schmucks only want to paint the decklid. Talked to two reputable shops and they said to get my car back to pre-damage condition...color match and blend is necessary.
Graphics guy wants his buddy to paint it because he will do it for free and all he has to do is buy the paint. He rejected my written estimate to fix it at another shop here in town.
Heading to small claims court as we can't come to terms on how or who should fix the car. I have two written estimates showing "blending" and full detail of work necessary. I have email records of his admission to scratching the car and all his offers to have his buddy fix it. Some of his emails are even a little sarcastic to say the least. I have photos of the car showing scratches and even taped reference points showing exact location of scratches as they are hard to see in the photos.
My goal...hold this guy accountable for the damage to my car and return the car to pre-damage condition. What are all of your thoughts on small claims and my situation...do I have a shot at a judgement?
I hate to subpoena the body shop appraiser but this would be an excellent witness on my behalf...disputing the graphics guys thought of just repainting the decklid.
Full paint estimates are around $1600 and I asked the graphics guy weeks ago to just pay for my shop to paint rear stripes over the scratches as a means to save us both time and money...he laughed in my face.
So...I offered to settle for $320 and he said he wouldn't give me a dime. I now have written estimates showing all necessary repairs totalling around $1600. Should I hammer this guy is small claims and then paint the car however I see fit...stripes or no stripes?
All your thoughts are greatly appreciated. Just like bouncing these things off 3rd parties to make sure I am on the right track.
**I only mentioned painting stripes as I think this is my best avenue to repair my car. For the law suits sake, I have estimates to return my car to pre-damage condition with the factory paint. If the suit is successful, I can then evaluate how to repair my car.
Ok...bought an 06 Pony Package and within two months, decided to have a reputable graphics shop put vinyl graphics on my car. Stripes came out crooked, wrinkled and nothing to be proud of. Worked it out with the graphics guy to get my money back and got a full refund...obviously knew it looked like crap.
Spend a few hours taking off the rear stripes and @$&^@....he cut the stripes on the car and scratched my rear decklid to the primer in four perfectly stright lines...even through my center taillight lense. Car is three months old with 3k on the clock...now I am looking at paintwork.
Contact the graphics guy and he says bring it by. I did and he said his "buddy" can buff it out...I said right, its through the clear and paint...he assured me his paint buddy could get them out so I waited around the office for an hour and a half while they tried removing the scratches...of course, they come back and say they can't get them out.
Graphics guy says his buddy is a painter (same one who buffed and should have known the scratches couldn't be buffed out) and will repaint the decklid...I say I am not comfortable with your "buddy" painting on my 06 Mustang...graphics guy says he has a nice shop and it will turn out great.
Even I know that just repainting the decklid is not the proper way to repair these scratches...the new paint should be blended into the quarters to color-match to my Tungsten Grey Metallic...these two schmucks only want to paint the decklid. Talked to two reputable shops and they said to get my car back to pre-damage condition...color match and blend is necessary.
Graphics guy wants his buddy to paint it because he will do it for free and all he has to do is buy the paint. He rejected my written estimate to fix it at another shop here in town.
Heading to small claims court as we can't come to terms on how or who should fix the car. I have two written estimates showing "blending" and full detail of work necessary. I have email records of his admission to scratching the car and all his offers to have his buddy fix it. Some of his emails are even a little sarcastic to say the least. I have photos of the car showing scratches and even taped reference points showing exact location of scratches as they are hard to see in the photos.
My goal...hold this guy accountable for the damage to my car and return the car to pre-damage condition. What are all of your thoughts on small claims and my situation...do I have a shot at a judgement?
I hate to subpoena the body shop appraiser but this would be an excellent witness on my behalf...disputing the graphics guys thought of just repainting the decklid.
Full paint estimates are around $1600 and I asked the graphics guy weeks ago to just pay for my shop to paint rear stripes over the scratches as a means to save us both time and money...he laughed in my face.
So...I offered to settle for $320 and he said he wouldn't give me a dime. I now have written estimates showing all necessary repairs totalling around $1600. Should I hammer this guy is small claims and then paint the car however I see fit...stripes or no stripes?
All your thoughts are greatly appreciated. Just like bouncing these things off 3rd parties to make sure I am on the right track.
**I only mentioned painting stripes as I think this is my best avenue to repair my car. For the law suits sake, I have estimates to return my car to pre-damage condition with the factory paint. If the suit is successful, I can then evaluate how to repair my car.
I am not a real attorney, but I did stay in a Holiday Inn Express last night.
06-30-2006, 11:22 AM
#5
2nd Gear Member
Join Date: Apr 2006
Location: ST Louis, MO
Posts: 206
RE: Paint Damaged 06, Civil Suit Ideas?
here is what I Suggest:
1. Print out everything you have and take some pictures.
2. Take this to a lawyer (Specially if you have a friend or a family one as they will do for pretty cheap!)
3. Have the lawyer send this company a full blown letter discribing the total damages of $1600 bucks.
Before everyone wakes up here and tells you to kill the guy, Step back and think about it and do this right. Dont get too upset as this never helps. Even though I would be unglued from the thought of someone scratching my Stang like that. Do this right and you wont have a problem. After the lawyer sends him the papers have the lawyer print off a set for you showing that you tried to settle this yourself and you should not have a problem taking him to court if you have to.
1. Print out everything you have and take some pictures.
2. Take this to a lawyer (Specially if you have a friend or a family one as they will do for pretty cheap!)
3. Have the lawyer send this company a full blown letter discribing the total damages of $1600 bucks.
Before everyone wakes up here and tells you to kill the guy, Step back and think about it and do this right. Dont get too upset as this never helps. Even though I would be unglued from the thought of someone scratching my Stang like that. Do this right and you wont have a problem. After the lawyer sends him the papers have the lawyer print off a set for you showing that you tried to settle this yourself and you should not have a problem taking him to court if you have to.
06-30-2006, 12:11 PM
#6
Moderating with Angels
Join Date: Jul 2003
Location: New Orleans La
Posts: 4,231
RE: Paint Damaged 06, Civil Suit Ideas?
being your car is brand new, i really dont see how there would be much blending work as your paint should not have faded or have any negative effects from the environment. the shop will def. have to pay for the repairs as there is no way they can deny the damage. i hope you have pictures of the crooked strips as well as teh scratches as it will also show the court what kind of work this guy tries to pass off
06-30-2006, 12:43 PM
#7
2nd Gear Member
Join Date: Apr 2006
Location:
Posts: 170
RE: Paint Damaged 06, Civil Suit Ideas?
you should be alright if he admitted his wrong doing. if he hasn't and a judge thinks that the damage was something forseeable (meaning there was a known risk of this when you got the work done) then you may lose.
06-30-2006, 01:20 PM
#8
2nd Gear Member
Join Date: May 2006
Location:
Posts: 200
RE: Paint Damaged 06, Civil Suit Ideas?
Written documentation makes up the majority of the decision in small claims court. Looks like you've got allot of it, even the guy admitting the screwup....I'd say you're in better shape than 90% of people that take their case to small claims.
(IANAL)
(IANAL)
06-30-2006, 02:45 PM
#9
2nd Gear Member
Join Date: Apr 2006
Location: ST Louis, MO
Posts: 206
RE: Paint Damaged 06, Civil Suit Ideas?
Thats correct and I agree!
ORIGINAL: McChicken
Written documentation makes up the majority of the decision in small claims court. Looks like you've got allot of it, even the guy admitting the screwup....I'd say you're in better shape than 90% of people that take their case to small claims.
(IANAL)
Written documentation makes up the majority of the decision in small claims court. Looks like you've got allot of it, even the guy admitting the screwup....I'd say you're in better shape than 90% of people that take their case to small claims.
(IANAL)
