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A call from the body shop...not what I was expecting

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Old 04-16-2012, 09:50 AM
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DJ Freddie
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Default A call from the body shop...not what I was expecting

After a month in the body shop on my restored 76, I got a call this morning from the body shop. Excited that they we asking me to come by for more pics of the progress. Instead they were calling to make me aware that someone had stolen my T-tops over the weekend. What a bummer....Wasn't quite the call I was waiting for. Furthermore the body shop claims the their insurance does not cover this type of loss. What a day.
Freddie
Old 04-16-2012, 09:55 AM
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Freddie sorry for your lose at the body shop.
Old 04-16-2012, 09:56 AM
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sabastian458
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If you push, they will cover the loss. I know my dealings in south carolina, north carolina should be about the same or better for you as a customer in this situation. It doesnt even matter if they have a sign up stating they arent liable for loss of items. They have to keep your vehicle secured. If they still denied liability, a stern letter from your insurance company, or lawyer, to their owner and insurance company will get the ball rolling.

I hate thieves. They shoud be shot.
Old 04-16-2012, 09:56 AM
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daanbc
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How are they NOT responsible? It was in there care. I deff. Would push this issue.!
Old 04-16-2012, 09:58 AM
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Sully1882
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their insurance may not cover it but they are legally responsible! You left your car there on business transaction and in their care. That's like saying we dropped something on it and it's not our fault. The vehicle should have been stored in a secure area and it was their responsibility to make sure of that. Just my opinion....

Sully
Old 04-16-2012, 10:02 AM
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boeing46
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Freddie, just because they don't have insurance does not relieve them of responsibility. When your vehicle in in their custody during repairs they have a responsibility to lock it and or keep their building secured. They owe you. Call the police as it may well be a felony theft if over a certain amount depending where you are.
Old 04-16-2012, 10:03 AM
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75_Stinger
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Wow...that sucks man, I would be pointing alot of fingers at them....if the car was inside the only way for someone to know your car was there was someone who worked there or a customer. It looks pretty fishy to me if your T-Tops were the ONLY thing that were missing.

I had a similar situation with an insurance claim from a small car lot down the street from my house in Florida, I turned the corner to go home and hit their chain link gate that was laying flat in the road. I called the cops to report it, it seemed that someone stole a car and rammed the gate to get out. The car lot told me they were not liable because the damage was the result of a stolen car......well about 3 months after my insurance company going after them they were out of business.....I feel your pain.
Old 04-16-2012, 10:05 AM
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DJ Freddie
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Thanks Guys
Old 04-16-2012, 10:09 AM
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Just because they are not insured for a loss doesn't mean they are not responsible. They should have had better insurance. The insurance pays for a loss due to their neglect. It doesn't let them off the hook. It would be like if you were uninsured and ran into someone then claimed you weren't responsible because you had no insurance.
Old 04-16-2012, 10:13 AM
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DJ Freddie
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Originally Posted by daanbc
How are they NOT responsible? It was in there care. I deff. Would push this issue.!
This was my feelings precisely. I noticed the sigh posted about insurance policy but thought it was referring to personal items left in the vehicle.
Old 04-16-2012, 10:20 AM
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Originally Posted by DJ Freddie
This was my feelings precisely. I noticed the sigh posted about insurance policy but thought it was referring to personal items left in the vehicle.
They ate a buss. They have to have some kind of ins. I bet if you mention you are calling the local authorities to get a report done, there tune will change! Even so, you do need to call the authority. Just to be safe. Your ins. Company will likely tell you to anyway.
Old 04-16-2012, 10:22 AM
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thats no way to run a business...if it is in their care it is their responsibility
Old 04-16-2012, 10:24 AM
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DJ Freddie
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Originally Posted by sabastian458
If you push, they will cover the loss. I know my dealings in south carolina, north carolina should be about the same or better for you as a customer in this situation. It doesnt even matter if they have a sign up stating they arent liable for loss of items. They have to keep your vehicle secured. If they still denied liability, a stern letter from your insurance company, or lawyer, to their owner and insurance company will get the ball rolling.

I hate thieves. They shoud be shot.
I agree with shooting the thieves....
Also the boxes inside the car with the new mirrors, emblems, tail lights, and etc were not taken. I quess I was very fortunate in that respect.
Headed back to the Body Shop in a few to speak with the owners. I just wanted to collect my thoughts and decide on a plan of action.
Old 04-16-2012, 10:27 AM
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Originally Posted by daanbc
They ate a buss. They have to have some kind of ins. I bet if you mention you are calling the local authorities to get a report done, there tune will change! Even so, you do need to call the authority. Just to be safe. Your ins. Company will likely tell you to anyway.
Police report was done this morning
Old 04-16-2012, 11:29 AM
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The right thing for them to do is help you out,but...
You will find that the fine print on the WO that you signed outlines that they are in no way responsible or liable for anything that happens to your vehicle and that is likely also backed by the laws in your area.What's that?You didn't sign anything?Then you are doubly screwed,chances are your insurance won't cover it then either.Anytime a repair shop covers damage to a vehicle left in their posession,it is out of their personal goodwill to you,not because of any legal requirement.
Sorry about your loss,hopefully they will do something for you.
Old 04-16-2012, 11:42 AM
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Most of those work order disclaimers have been found invalid in court. They aren't worth the paper they're written on. No matter what you sign the shop owner is still responsible for his negligence. If he didn't take steps to adequately protect your vehicle then he was negligent.
Old 04-16-2012, 12:03 PM
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AdamMeh
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Originally Posted by Sully1882
their insurance may not cover it but they are legally responsible! You left your car there on business transaction and in their care. That's like saying we dropped something on it and it's not our fault. The vehicle should have been stored in a secure area and it was their responsibility to make sure of that. Just my opinion....

Sully
I would be on the phone with the cops. And if they don't make it right, my car would be removed from their shop and taken to someone who would be responsible enough to protect my investment.

Hope they make it right for you and sorry to hear about your loss.

Adam

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Old 04-16-2012, 12:05 PM
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I could see maybe personal belongings....which is why they tell you to remove them when the car goes in; but the tops are part of the car!!!
On a side note, I had one of my original M1131 tops stepped on last year by a kid running around cars at a cruise event in my area. Yes I should probably have had the tops inside, but I was sandwiched between two other Vettes, and there was no one behind us as our spot was on the grass next a fence at the local fairgrounds. Mother of the little b@stard didn't even say sorry, by the time I had found security they were gone. $400 to replace the passenger side - luckily I found a brand new unit that had been in storage for over 30 years - but it still really pissed me off that someone had total disregard for someone else's property. Now wherever I go, I have a please do not touch sign on my car......hopefully it makes people think twice.......I really don't need an assault charge looming over me!!!!
Old 04-16-2012, 12:19 PM
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There is a simple rule for this whether it is a company or a friend's garage. If it is done for free then you are liable. If you pay them any money or agree to pay money then they are liable.
Mike
Old 04-16-2012, 12:31 PM
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54greg
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Ive worked in and work for body shops for the last 40 yrs

If you start nosing around its someone that works there knows something


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