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mumjp

What can I do if a business damages my vehicle during repairs?

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Took my work truck in for a service and after they drained oil out to change someone moved the truck with no oil in it....so it damaged the truck, they fixed the damage but they had my truck for 3 weeks, of course I haven't been able to work as that is the only truck I have, is there anything I can do for lost earnings? I asked them about this and they said no, they were only responsible for fixing the truck. I am out $1,500 of lost earnings?

 

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They damaged your truck, took responsibility and fixed it. They dont owe you anything else. More than likely you got a free engine out of the whole deal, which is a positive.

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At least you still have a job. I bet the person who moved the truck, with no oil in it, is out one :wacko:

 

Did you request them give you a rental vehicle?

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I'm not sure you have any recourse except for small claims court. At least they fixed your truck, I've heard of this happening and the culprit refused to fix the damaged vehicle......they didn't do it ya' know.

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Actually, if they have garage-keepers' insurance or general liability, you can file against their insurance for lost wages. They aren't about to tell you they have this coverage, because their premiums will go up if they have a claim.

 

Probably they fixed your truck out of pocket because it was less $$ than the deductible on the insurance. I'd be giving them one more call before I called my favorite attorney.

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Did you not have access to another vehicle during this time?

Or does your truck play an important part in what you do?

I've known plenty of construction guys work out of a car when needed, but if this was like a tow truck where you HAD to have the truck then that may be different.

Just wondering if there were other options while your truck was being repaired.

And did you ask the repair shop to consider paying for a rental during this time?

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I think it would be relevant and very important if you can prove they caused the damage.

 

About 10 years or so ago, I took my personal vehicle into the dealership I bought it from for a warrantied repair. The car was my sweetheart, and I adored it. But after driving it for less than a year, a strange problem surfaced--it would just DIE at full power, with no traceable reason. I'd had it in to them several times for the same problem, but they never could trace down the issue.

 

One day on my way into work from Powder Springs to Norcross, the car once again died at full power on 285. I got it restarted and drove it straight to the dealership, who happened to be closer to work than home (Peachtree Industrial Blvd.)

 

They took it in to analyze the problem while I waited in their waiting room. After much (way TOO much) time had passed, I went to seek out the head of their repair shop. About that time, I see my beautiful car drive up onto their lot on a flatbed stretcher (wrecker) TOTALED, with air bags deployed and the sun roof blown off.

 

I was hysterical.

 

I went into the service office, shaking I was so upset, whereupon the service manager began asking me about MY insurance. The universe slipped a bit at that moment...and I told him in NO WAY would my insurance come into play in this--his employees had totaled my car on a diagnostic drive.

 

Well as it all played out, the service guys had wrecked my car while driving at a high speed, but the ticket for the accident they were involved in while driving my car was given to the driver of the other car involved, who was struck while making a u-turn, and the dealership who wrecked my car never paid a DIME for what had happened. They even had the audacity to send me a bill for the storage on their lot after it was totaled and until the accident determination was concluded.

 

Needless to say, I didn't pay that storage fee. I went again to talk with them and mentioned media and such, and they cancelled the bill.

 

So, saying all that...if you can't PROVE they did the damage, there isn't much you can do.

 

At least you got your vehicle back. I wasn't so lucky.

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Why would you NOT demand a rental vehicle at the time of the damage?

 

Sears at the Douglasville Mall, had damaged my Mothers car, they let the handle of one of those big car jacks, fall on the front right quarter panel and it dented her car pretty bad. They got her a rental car for the duration of the repairs on her car. She had lung cancer and she had to have a way to and from the Dr's and chemo treatments.

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Needless to say, I didn't pay that storage fee. I went again to talk with them and mentioned media and such, and they cancelled the bill.

 

So, saying all that...if you can't PROVE they did the damage, there isn't much you can do.

 

At least you got your vehicle back. I wasn't so lucky.

 

I guess I was luckier than I thought after your story.

 

In 1992, my wife had taken our 11 month old minivan into the dealer for an oil change and checkup. I get a call a few hours later and long story short, was told that it had fallen off the lift and was heavily damaged. (The lift had run low on oil and the float valve that should have shut it down was bent. Thus air got into the lift control valve instead of oil. At 4 ft in the air, the lift (with van on it) jumped about a foot in the air, then the lift stopped but the van kept going up, fell back down, bounced on the lift, slipped to the right and fell to the ground, landing on the right side tires, blowing the right front tire, then rolled on the right side, crushing the mirror back into the door/window, and the mirror of the car next to it then punched into the roof caving it in.) It was over 8K worth of damage, but it wasn't totaled since it was new. However, I didn't want the car as I knew it couldn't have done the transmission any good to have that wheel smashed into the ground like that + all the body work. Took us several weeks to set up (and several hours of negotiation and a few concessions on my side) but we finally 'traded in' the junk back to them on a duplicate vehicle. They were a total pain in the butt about the thing the entire process and I never went back to them ever again.

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A business should put a person in a substitute vehicle,if it was their negligence that caused that person to be without his/her own vehicle.

 

Negligence is a tort, in this case, which can be prosecuted in a court of law. drinks.gif

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If the place which did the damage is a franchise or part of a chain, I can promise you they have "garage keeper's" insurance. Or should. That insurance covers their employees while driving your vehicle on or off their property and against any damage incurred while the vehicle is in their care. When I owned a national glass franchise, the franchisor required me to have that coverage. It ain't cheap, let me tell ya. Independent shops may or may not know about such coverage. But any "chain" should have such coverage, and that is what you should be attacking for reimbursement for damages.

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