Crappy Body shop broke my car..

March 14, 2006 3:14 PM

My Car has been in the body shop for a minor fender bender for over 45 days and today they call to tell me it wont start! what legal recourse do I have? (more inside)

O.k I got hit in a parking lot ( a guy backed into the front of my car) I have damage on the front bumber and the two left and right quater panels. I got the estimate it did not include everything so I got a supplement on it myself, took it to a shop, and ordered the parts and continued to drive the vechile until the parts came in.

It was in for two weeks before i made my first call to check on it and they said they were getting a supplement. I called a week later and they said they were getting ANOTHER supplement because the first was 1st (2nd total) was not high enough, I then resever the check for that damage in the mail and noticed they had changed the parts from aftermarket to OEM, which i did not authrozie (its fine i got the "brand name" but i am sure this contributed to the time my car was in the shop) finally i get a call that the car was done being repair and the parts where in paint and finish, this was LAST monday and they told me it would be ready thursday or friday. Well wed came and I called to check and they said maybe friday. So I go in on thursday (on my lunch break, which ran WAY over) INTO the shop to put my face to the unhappy customer on the phone and they said MAYBE MONDAY. They said it was done and that it just needed to be put back together and detailed.. so I said fine monday, now its tuesday and I still do not have it. I called the shope today at 10:25 and they said the car will be ready tomorrow it just needs to be finished up. I then say i want to speak to the manager (who i have dealt with several times before) and they tell me he is busy but will call me back. I get a call at 2:30 saying that my car would not START and that they TOOK IT TO THE DEALERSHIP!!! now It may be a flooding problem, I told them that this car must be kept running until it warms up once started (its a mazda rx-8 sports car) when i dropped it in and i told him this over the phone and this is what he said " I know you did, but I have 20 employees here they're bound to forget" WHAT! no you do NOT FORGET TO PROPERLY HANDLE A VECHICLE! if i was mr million man with my bentley there they would not have fucked it up (yes this place handles VERY nice cars, which is why i chose it in the first place) so I called the dealership and they said it had been in there since 11:10 this morning. I was one the phone with the shop at 10;30! The guy at the dealership siad he had jsut gotten on the phone with the body shop manager as in he did not talk to him and get authorization to look at the car until 2:20ish!!!! So now they say that they can not get to it untill tomorrow , so the days are jsut adding up and I am so so so upset right now. OI am paying for my rental out of pocket until the insurance company pays me back but STILL its crap i should not have to deal with. Also i do not want any problem with my car fix under warrenty, I want the body shop to pay for it, i do not want the issue to be connected with MY care of the car in anyway, I do not want it to come back to me down the line when some other problem creeps up. I want it documented that SALLERS did the damage they are repairing... it ran great when i took it in (less then 3 months after my maintance and it was running fine for the 44 days they drove it to department to department...

so I ask you. metafilter what recourse do I have against the body shop? Legal of course but also, I want to hurt their business, I Want everyone in hollywood to know NOT to go to them that they do not repsect their customers and what a awful experience I have had with them, here is their info.. STAY AWAY

Saller’s Body Shop. Elaine & Dick Saller 11511 Ventura Blvd. Studio City, CA 91604. Phone: [phone]

posted by crewshell to law & government (23 comments total)

Honestly, you should probably retype that with paragraph breaks and correct spelling because you lost me at They said it was done and that it just needed to be put back together and detailed.. so I said fine monday, now its tuesday and I still do not have it. I called the shope today at 10:25 and they said the car will be ready tomorrow it just needs to be finished up. I then say i want to speak to the manager (who i have dealt with several times before) and there's no way I can parse that.
posted by Optimus Chyme at 3:19 PM on March 14, 2006

If you can't be bothered to write properly, I can't be bothered to read the entire description properly. But as far as legal recourse, you can always go to small claims court.
posted by grouse at 3:27 PM on March 14, 2006

Right up until I actually got to the [mi] I was going to suggest small claims court.

Now I'm suggesting a lawyer. You should for sure talk to a lawyer before embarking on your campaign to hurt their business.
posted by popechunk at 3:29 PM on March 14, 2006

Yeah, I agree- way too hard to read, and I actually did read it, twice, and I'm still having a hard time forming a concept map. Put down the crystal meth, and learn to use formatting. This is not a crashdump, you're telling a story. To human beings. Use linebreaks, bullet points, etc, and structure the narrative, using space and indentation to let the reader understand the story's flow. Let the structure of the paragraphs clue us all into the structure of what happened. If you talk like you write, then even if you had an ironclad case you'd probably be dismissed as looneytunes.

Long story short, they had it way too long- I'm not a mechanic, but 45 days of holding a car seems utterly excessive- sounds like they screwed with you in buying parts and overcharged you, possibly mishandled your car although it had some weird condition going in, etc, etc, and the ONLY THING YOU SHOULD BE DOING IS TALKING TO A LAWYER!!! Get a consultation, and if you can present the facts to that lawyer better than you did to us, s/he may advise you to file a lawsuit to cover every bit of your expenses.

Once, and only once, you've settled that should you even begin to think about running a smear campaign, deserved or not- I can assure you that starting a public smear campaign now is going to hurt your chances of winning any legal case. You probably shouldn't bother at any point, even if you take them to court and win, since they might have a suit against you if you take it too far.


In any case, what the heck are you doing posting to AskMe?! Don't take this personally, but I am so sick of askme's that are basically "I have a legal situation involving money that should be resolved in the courts with the aid of a lawyer... oh, what ever should I do!!?!?!?!" Duh- consult with a lawyer, sue them for expenses incurred and punitive damages, and then you'll hopefully have had this whole experience but without having lost any money when all is said and done.

It's also surprising that 45 days in, and your insurance company hasn't gotten you help on paying for the rental or getting the car shop to fix it. You might want to consider another insurance company.
posted by hincandenza at 3:41 PM on March 14, 2006

gees sorry guys, I wrote this in a very frustrated state, no need to be rude about it. Here's a rewrite.

O.k. I got hit in a parking lot (a guy backed into the front of my car) I have damage on the front bumper and the left and right quarter panels. I got the estimate however it did not include everything so I got a supplement on it myself. I then took it to a shop, and ordered the parts and continued to drive the vehicle until the parts came in.

It was in for two weeks before i made my first call to check on it and they said they were getting a supplement. I called a week later and they said they were getting ANOTHER supplement because the first was 1st (2nd total) was not high enough, I then reserve the check for that damage in the mail and noticed they had changed the parts from aftermarket to OEM, which i did not authorize (its fine i got the "brand name" but i am sure this contributed to the time my car was in the shop) I Finally got a call that the car was done being repaired and the parts where in paint and finish, this was LAST Monday and they told me it would be ready Thursday or Friday. Well Wednesday came and I called to check and they said maybe Friday.

So I go in on Thursday (on my lunch break, which ran WAY over) to the shop because I wanted to put my face to the unhappy customer on the phone and they said MAYBE MONDAY. They said it was done and that it just needed to be put back together and detailed, so I asked to look at it and it was indeed fixed, but missing a few parts on it. So I said fine Monday, now its Tuesday and I still do not have my car back. I called the shop today at 10:25 and they said the car will be ready tomorrow it just needs to be finished up. I then say i want to speak to the manager (who i have dealt with several times before and has never been helpful) and they tell me he is busy but will call me back.

I get a call at 2:30 saying that my car would not START and that they TOOK IT TO THE DEALERSHIP!!! Now It may be a flooding problem, I told them that this car must be kept running until it warms up once started (its a Mazda rx-8 sports car) when i dropped it in and i told him this over the phone when he told me they had to take it and and this is what he said to me in response " I know you did, but I have 20 employees here, they're bound to forget" WHAT! No you do NOT FORGET TO PROPERLY HANDLE A VECHICLE! If i was Mr. million man with my Bentley there they would not have fu**ed it up (yes this place handles VERY nice cars, which is why i chose it in the first place) so I called the dealership and they said it had been in there since 11:10 this morning. I was one the phone with the shop at 10:30!

The guy at the dealership said he had just gotten off the phone with the body shop manager, which means he did not talk to him and get authorization to look at the car until 2:20ish!!!! So now they say that they cannot get to it until tomorrow, so the days are just adding up and I am so upset right now. I am paying for my rental out of pocket until the insurance company pays me back but STILL its crap i should not have to deal with. Also i do not want any problem with my car fixed under warranty, I want the body shop to pay for it, i do not want the issue to be connected with MY care of the car in anyway, I do not want it to come back to me down the line when some other problem creeps up. I want it documented that SALLERS did the damage they are repairing... it ran great when i took it in (less then 3 months after my 1st service and it was running fine for the 44 days they drove it to department to department...

so I ask you. metafile what recourse do I have against the body shop? Legal of course but also, I want to hurt their business, I Want everyone in Hollywood to know NOT to go to them that they do not respect their customers and what a awful experience I have had with them, here is their info. STAY AWAY

Saller’s Body Shop. Elaine & Dick Saller 11511 Ventura Blvd. Studio City, CA 91604. Phone: [phone]
posted by crewshell at 3:43 PM on March 14, 2006

Sorry to be blunt here, but you need to take a chill pill before you go around hurting their business. If I were you, I'd rewrite my question and make it easier to read. It's very hard to follow you with the frequent misspellings (there is a spell-check in the question form, you know), capitalizations, and strange punctuation. I know you're a relatively new member, but you really must know by now (if you've read and commented like you should) that poor grammar/spelling is not exactly rewarded here.

I am a lawyer, and I strongly, strongly, strongly suggest that you visit a lawyer (even if it's free legal aid) before you start a campaign to ruin this business. You must establish your own rights, and the rights of the business owner, before you go around disparaging (and possibly engaging in slander and libel if your comments rise to the standard) this business and the owner.

If you refuse to seek legal counsel, I suggest that you simply write a grammatically correct, spell-checked letter to the business owner explaining your situation and dissatisfaction, and copy in the Better Business Bureau and any accreditation bureau (Goodwrench, NAPA, ASA, etc.) and any referral partners (AAA, insurance companies, etc.).
posted by MeetMegan at 3:50 PM on March 14, 2006

Guys I got it. Only one person needs to hit me with the spelling and grammar post. If your all so high and mightly and never written anything in frustration, might you realize yourself that what your typing has already been written by the first poster and only give new fresh opinions.

Thank you.
posted by crewshell at 4:06 PM on March 14, 2006

Also, the spell check feature did not work properly, I did run it.
posted by crewshell at 4:08 PM on March 14, 2006

Bottom line: Here it goes.

Tell your insurance company. They are paying for the repairs, and the rental, initially. Tell them (calmly?) that you've been getting the run around and you think they might be trying to milk your insurance. Send them after the shop. They will investigate it. You are getting reimbursed for the rental, so no money is coming out of your pocket. You have a right to be frustrated, but you need to calm down. More flies are caught with honey than with vinegar.

Yes, it's frustrating to not have your car. A few years back, I had a sports car get smacked on the highway in the beginning of August and I didn't get it back until the end of October. It happens and it's not always the body shop's fault either. Adjusters from your insurance agency do not hustle their asses out to the shop the moment they get the call for a supplement. Sometimes it takes a few days just for them to get out there and visually inspect. Then there's paperwork, getting the authorization, the check cut. It's a lot of red tape.
posted by jerseygirl at 4:32 PM on March 14, 2006

My money says that they messed up the car somehow and have been trying to fix it all along. They didn't want to admit that it wouldn't start so they kept making up reasons they couldn't give it back.

I'm just paranoid that way.
posted by Megafly at 4:38 PM on March 14, 2006

Don't be in such a rush to just sue someone, or ruin their business, either. If you took them to small claims court, you couldn't prove you gave them a fair chance to fix the problem. Besides that, I mean, are you really going to sue over 1 month of frustration? The money you'd expend to get to small claims would probably trump whatever you got for a settlement.

Let them attempt to fix the car first.

And my advice for everything....Get the paperwork. If repairs need to be made to your car to get it to start again, it will not come out of your pocket, so you needn't worry there. Even still, you will want comprehensive records on what repairs were done on the car, by what outfit and when.

Aside from that, you could be putting yourself in a position of libel or slander by publishing the establishment's name here with intent to negatively affect their reputation and do harm to their business. IF you ever took them to court, and had they stumbled across this posting of yours or was ever tipped off that you attempted to defame them here, you could be the one hauled into small claims.
posted by jerseygirl at 4:43 PM on March 14, 2006

My money says that they messed up the car somehow and have been trying to fix it all along. They didn't want to admit that it wouldn't start so they kept making up reasons they couldn't give it back.

If this is even a consideration, go see the car or better yet, tell the insurance company to check it out.
posted by jerseygirl at 4:46 PM on March 14, 2006

I lot of times you don't find damage until you take off some of the outside parts. That's (concievably) the reason for the supplements. It could be they were waiting for parts. The problem with the flooding is that they drive the car about 10 feet from one spot to another (body work to sanding area to taping area to paint booth to oven to detail) and they don't like to run it more than necessary or it puts fumes in the shop. Most modern fuel injected cars don't have any problems with this. But a high performance engine often has cold plugs in it (so they don't overheat under hard use) and will flood eventually. Call ahead and make an appointment to see the manager. Tell him you think you have not been treated right and see what he has to say.
posted by 445supermag at 4:55 PM on March 14, 2006

"Hello, is this Saller’s Body Shop? Yeah, I just wanted let you know that one of your customers, [name easily inserted here] is dissing you guys in the internets."

I'm just kidding, but one way or another you should be careful about what you post.
posted by furtive at 5:15 PM on March 14, 2006

Well I am going through the other drivers insurance, my insurance is high enough and even though many say that your rates will not go up from a non fault accident, I've seen it happen and want to avoid that.

Yes the rental will be reimbursed, however I am still paying out of pocket and I do not have a huge "cushion" I've already paid out 1600 and have another 300 due this friday.

It does not take 46 days to fix a car with the amount of damage mine had. I've had other cars, including a 77 corvette in the shop with more damage which took much less time.

I specifically told the body shop about the requirements for keeping the car running. When he told me today on the phone that it would not start I reminded him that I told him and his employees about the flooding issue and that they needed to keep the car on and he said " I know you did, But I have 20 employee's here they are bond to forget" I do not believe that is what a manager is suppose to say...

A flooded engine in an RX8 requires a decent amount of work for repair, including possibly the starter plugs and a few other components ( I do not recall all that the dealer told me ) but its not a 15 minute fix. The plain fact the this shop Damaged my car and has prolonged my use of a rental and general stress including time off from work to check on the car should meet some form of consequence. Or am I off base by feeling this way?

I have dealt with the manger from the beginning and he does not seem to care that I am completely unhappy with the experience and feel that I have been treated wrongly. He shakes my hand, speaks politely but all of my complaints have met no resolution.

Yes - My car will probably get fixed, but since the car is at the dealer where I bought it its possible that the work may be done under warranty. I just feel as if this company has done several things wrong and I feel as if I have no recourse. That they are free to treat me this way with no repercussions. I know if i have had this experience I am not the only one.

I have not spoke a word of untruth on this board so I am in no way scared of repercussions if Sallers finds this post.
posted by crewshell at 6:16 PM on March 14, 2006

I leave a typed page of instructions attached to my dash, easy to read font, polite yet firm; detailing the particulars of my own vehicle (diesel = wait for glow pugs to warm up, slow as pond water in January, ... you would be surprised how few actual 'mechanics' exist in the world, and more surprised at how many ahhh, less than desirables fill the bays of the Sears, Midas, Wal-Mart, etc garages) should I need to leave it for an other to start/move/inspect/maintain... Polite yet firm; they have your car.
posted by buzzman at 6:30 PM on March 14, 2006

good tip.. I shall follow it in the future!
posted by crewshell at 6:56 PM on March 14, 2006

Sorry crewshell if we seemed to be jumping down your throat.

I do think the two basic suggestions- get the insurance company more directly involved, and get a lawyer- are the most important, and you really should hold off on any retribution until all that's settled (I'd say never, but definitely don't do anything rash until you're sure you're not paying through the nose for this whole fiasco). You say that you're paying out of pocket for the rental costs, which if I were you would have me extremely worried the insurance company is not going to reimburse you if they haven't already done so, some $1900 into your out-of-pocket costs. I'd hate to see you post at AskMe in a few weeks, saying "An insurance company screwed me".

Which is why the lawyer may be a good idea at this point, especially if you can get a free initial consultation. Lay out that your car is basically "car-napped" for all intents and purposes, the loss of car and various "unexpected" charges from the autoshop are costing you a small fortune, not to mention the existing insurance company isn't exactly pushing to get your car back or keep costs down or even, 45 days later, apparently cutting you a single check to cover any ongoing costs!!! That last part would have me extremely worried- if you're paying out of pocket the $1900 and counting for the car rental, what makes you think the insurance company will reimburse you for that? Do you have it in writing? Did they contractually commit to paying $X/day for your rental fees, or are you just assuming they'll reimburse you?

Seriously, get a lawyer to talk to, now. The lawyer would be the only person with your interests as their motivation: the car shop is hardly going to give you a "gratis" fix up after all this and might even try to still stick you with a huge bill for problems they caused... and the insurance company might decide when all is said and done to just tell you to go take a hike, and not reimburse you for your costs in rental cars or the various costs for the car being repaired. And then what will you do?

I'm sad to say you might be in for a fight, and that's why you'd want someone on your side now who knows the law. We see way too many AskMes posted that are of the "too late" variety, where the only hope was if they'd saved receipts/talked to a lawyer/followed some process when the whole thing got started. If it gets ugly, you'll want to have been guided by a more experienced hand from the get-go who can help you recoup all costs incurred, including possibly the costs of the laywer themselves if you end up suing the insurance company or body shop.
posted by hincandenza at 8:47 PM on March 14, 2006

Are you absolutely sure you are going to be reimbursed for the rental car? Not to freak you out or anything, but when I was in an accident and required a rental car for a month, I didn't see the bill at all... the insurance company paid the rental company directly. You shouldn't be paying anything out of pocket for it; if the accident was his fault, his insurance should be paying for it. Are you getting any kind of inkling that they are going to try to place the blame for the accident on you.

I don't know what to suggest re: the body shop. I wouldn't have put up with paying for a rental for 45 days; perhaps your best course of action (or at least one that would relieve some stress about getting your RX-8 back right away) would be to contact the insurance company that's supposed to be paying for the rental and make them pay for the rental RIGHT NOW.
posted by MegoSteve at 8:59 PM on March 14, 2006

WEll They have already cut the checks for the repairs... (his insurance) so thats a good sign I guess. For the reanl, they told me I was able to get something similar to my car, I called and checked if the a VW Jetta at 35 bucks a day was o.k and they said YES. Now I have spoke with the lady who seems VERY nice and she said that when the rental is up to fax her the bill and she will get it into processing... I asked her if it will be a problem its so long and she said " I dont think so, I'll show my boss the dates for XYZ and it should be fine... but now that this delay has gone on even longer becuase of the car shop I dont know if they will still agree to pay the full amount..

and of course I want to get a laywer but to be honest this rental and some other finacial issues have left me COMPLETELY DRAINED, sounless i can find a local laywer (i know one in NYC) I dont really know how I well get representation. ugg I am stressed and am going to bed! Thanks for the advice guys.

Cheers
posted by crewshell at 11:45 PM on March 14, 2006

I appreciate that you're drained, financially- and you shouldn't be, as MegoSteve notes. From your story, I'd be far more worried about the out-of-pocket for the rental fees, because it's a substantial amount and still sounds like it's just phone conversations that tell you you'll be reimbursed- and that isn't worth the paper it's printed on. While whatever happens with the car will likely be covered, you're out $1600/1900 and counting without a guarantee you'll get it back. It's good they're paying for the repairs, but those rental fees may end up eclipsing the repair costs when all is said and done!!!

Decent lawyers will usually give you a free consultation to let you know if you even have a case, or how likely you are to win, to let you know whether you should think about hiring them. And if nothing else, you might in the consultation find out a couple of things to do now to make sure that IF you get ripped off by the insurance company or the body shop, then down the road you can go back with all your i's dotted and t's crossed.

Good luck!!!
posted by hincandenza at 12:31 AM on March 15, 2006

Just wanted to post that Sallers is attempting to make the situation right, when I went in to finally get my car one of the owners was there (Ms Sallers) and she was very nice, apologized and made sure any part of the rental that was not covered she would pick up. So that definitely makes me feel better... so we will see how things turn out with the insurance company this week.

Cheers
posted by crewshell at 12:58 PM on March 19, 2006

Just wanted to post a follow up

When I finally got my car back I was unhappy with the repairs.. the fit and finish of the work done on the hood was not to my standards and it was clear there had been an accident... at least to a close looking eye. The seem betwen the hood and body panel on one side did not come close to matching that of the other side.

I started the process to get this resolved but realize that it would be a very very vyer long battle and in the end my energy level and ability to deal with this body shop was at an all time low. So i dropped the issue.,

The insurance did pay for the full rental amount and I recieved a free "detailed car wash" from sallers... I guess they sell them for 119 bucks... I have not used that service but jsut a few days ago I noticed my bumper was sticking out on one side... so now I HAVE to take it back for them to fix it again..

Overall this has been a truelly horrible experience.
posted by crewshell at 7:18 PM on July 30, 2006