Suing A Paint Shop
Thread Starter
Drifting
Joined: Jun 2006
Posts: 1,302
Likes: 4
From: Palo Alto CA
Suing A Paint Shop
Anyone have any experience with a lawsuit vs a paint shop? Or negotiation tactics?
My car was backed into by an old lady in October, and since then the car has been painted 3 times by the same shop in 3 months and the final work has the hood and nose a different color than the rest of the car. The shop is offering $1,000 for me to go away, but a new job will probably be over $2,000.
I am on a tight budget, so paying $1,000 out of pocket isn't something I really want to do unless there is no other option.
I took the car by The Works a paint shop in Santa Clara today and they agreed that this is a really bad color match. Not to mention I paid an extra $750 out of pocket above and beyond the insurance check to to get an extra good paint job in the first place.
I am going to get official quotes tomorrow from The Works, Campbell Auto Restoration and maybe a few other shops.
Any advice is appreciated! All I want is a basic Chevy paint job in the end, but I am running out of options.
My car was backed into by an old lady in October, and since then the car has been painted 3 times by the same shop in 3 months and the final work has the hood and nose a different color than the rest of the car. The shop is offering $1,000 for me to go away, but a new job will probably be over $2,000.
I am on a tight budget, so paying $1,000 out of pocket isn't something I really want to do unless there is no other option.
I took the car by The Works a paint shop in Santa Clara today and they agreed that this is a really bad color match. Not to mention I paid an extra $750 out of pocket above and beyond the insurance check to to get an extra good paint job in the first place.
I am going to get official quotes tomorrow from The Works, Campbell Auto Restoration and maybe a few other shops.
Any advice is appreciated! All I want is a basic Chevy paint job in the end, but I am running out of options.
Le Mans Master
Joined: Nov 2009
Posts: 5,687
Likes: 212
From: Mo.
I wish I had a better answer for you, but I had my EBZ's front end repainted SIX times after a clear bra mishap and it still was not good enough for me in the end. I sold the car with 8,xxx miles on it.
They had a chemist from the paint co they used try to match it with several attempts they got close but not good enough.
They told me it would have to be blended into the hood and fenders to be perfect. But my argument was they were just trying to "trick the eye" but in reality they are taking a mistake further into my paint. Wasn't an option for me.
I do wish you luck though!
They had a chemist from the paint co they used try to match it with several attempts they got close but not good enough.
They told me it would have to be blended into the hood and fenders to be perfect. But my argument was they were just trying to "trick the eye" but in reality they are taking a mistake further into my paint. Wasn't an option for me.
I do wish you luck though!
Racer
Joined: May 2011
Posts: 378
Likes: 5
One suggestion would be to get a hold of the insurance adjuster or company. Some of the shops are on a vendor listfor the companies, the insurance could put pressure for them to right the wrong sine they are paying for the work.
Thread Starter
Drifting
Joined: Jun 2006
Posts: 1,302
Likes: 4
From: Palo Alto CA
The shop is not on a preferred vendor list for the insurance company because they charge too much as a "high end" shop. So the insurance company has zero leverage. Not to mention it isn't my insurance company, but the woman who hit my car's insurance company. The odd thing is they matched to color well enough the first two paint jobs, but had other flaws. The last time the car started to bubble after 2.5 months...Now the paint is missing most of the flaws, but the color is off.
Burning Brakes
Joined: Feb 2012
Posts: 1,047
Likes: 43
From: Longview Texas
I'm not sure anymore what the limit is on small claims court but this might be an option as you wouldn't need legal representation so nothing out of pocket. Years ago I had a '66 Chevelle that was in very nice condition. There was a leak somewhere in the cowl area on the passenger side leaking water onto the floor boards. I took it to the body shop to have the entire cowl area, heater core, etc. removed and all the seals replaced. When I went to pick the car up there was a paint nick in the driver's door. Long story short the high school kid that worked there after school dropped the steel hose handle on it and tried to touch it up with finger nail polish. My first question was why did a teenage boy have finger nail polish on him. ??? 
Seriously, I couldn't make this stuff up. Anyway ... I took him (actually the body shop corporation; not the individual that owned it as he was "protected" by his corporation) to small claims court. I had estimates from other body shops on what it would cost to repair and even got one of the other owners to go to court with me telling what it would entail and cost to blend the paint. I won the money and got it fixed elsewhere. This may work for you???
Good luck and hang in there!
Scott
Seriously, I couldn't make this stuff up. Anyway ... I took him (actually the body shop corporation; not the individual that owned it as he was "protected" by his corporation) to small claims court. I had estimates from other body shops on what it would cost to repair and even got one of the other owners to go to court with me telling what it would entail and cost to blend the paint. I won the money and got it fixed elsewhere. This may work for you???Good luck and hang in there!
Scott
Burning Brakes
Joined: Oct 2004
Posts: 986
Likes: 23
From: Florence SC
I've been there and done that. I went to court and was awarded part of my money back. In the end I would have rather paid the paint shop and they never touched "my" car. This happened to me in 1993 on a 71 coupe, I never got to drive it again and just sold it this past Christmas. I bet the paint shop will paint the whole car if that would make you happy. Don't do like I did and lose interest in the car. You probably will not be happy with the judges decision either. Good luck.
Thread Starter
Drifting
Joined: Jun 2006
Posts: 1,302
Likes: 4
From: Palo Alto CA
I am just worried I will get a judge who will say that they painted the car 3 times, and that the car is yellow, so it looks fine to them. I can get the other shop who is writing a quote to put in writing that the color is mis-matched, and I have a friend that details VERY high end cars (eg The Quail or Pebble Beach) and I can probably get him to come court. I am just nervous that I go to court and get the wrong judge who doesn't see anything wrong. Something like that psycho Judge Judy.
I am living on disability due to chronic health issues, and my Z06 is one of the few joys in my life. The color is unacceptable to me. But I can't really afford to do the whole job out of pocket unless I sell a kidney or something.
I am living on disability due to chronic health issues, and my Z06 is one of the few joys in my life. The color is unacceptable to me. But I can't really afford to do the whole job out of pocket unless I sell a kidney or something.
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Thread Starter
Drifting
Joined: Jun 2006
Posts: 1,302
Likes: 4
From: Palo Alto CA
And I should say I had no problems with the color in the first two paint attempts. There were problems it the paint perperation the first two times. The 2nd attempt actually had the paint bubbling up almost like there was rust under the paint that only became visable after a few months.
Team Owner
Joined: Mar 1999
Posts: 22,025
Likes: 192
From: At the beach in little Rhody
Isn't the yellow like my Mag Red in that there is tint in the clear coat? I have a guy I use for paint and body work who is also a car nut and has a Mag Red car like I do. I was speaking with him one day and he told me if the car was ever in need of some paint better plan on the whole car being painted as the thickness of the clear determines the shade of the color. My car (Mag Red) actually has an orange base paint and it is the clear that provides the red tint. I believe your yellow is similar and if so you have the same issue with matching one panel.
Thread Starter
Drifting
Joined: Jun 2006
Posts: 1,302
Likes: 4
From: Palo Alto CA
Isn't the yellow like my Mag Red in that there is tint in the clear coat? I have a guy I use for paint and body work who is also a car nut and has a Mag Red car like I do. I was speaking with him one day and he told me if the car was ever in need of some paint better plan on the whole car being painted as the thickness of the clear determines the shade of the color. My car (Mag Red) actually has an orange base paint and it is the clear that provides the red tint. I believe your yellow is similar and if so you have the same issue with matching one panel.
One shop I went to had a frigging REAL '67 L88 Corvette Convertible in for restoration. One of the most unbelievable cars I have seen in person. My god that is an awesome car!!! If I had the millions of dollars to buy one, I would. =)
Le Mans Master
Joined: Mar 2002
Posts: 8,466
Likes: 51
St. Jude Donor '17
Best advice from experience
Make them repaint the entire car.
Other shops will not want to inherit or try and fix another shops problem.
They are up against a challenge and risk tarnishing their name if they do not make miracles happen for you.
Make them repaint the entire car.
Other shops will not want to inherit or try and fix another shops problem.
They are up against a challenge and risk tarnishing their name if they do not make miracles happen for you.
Burning Brakes
Joined: Jul 2010
Posts: 1,107
Likes: 31
From: oxnard california
Ive worked at a shop. Ive seen this happen but mostly with metal cars even stock paint job cars the bumpers witch are plastic dont match . U have to really stare . Even my cadillac had this never been repainted. But you are going to need to repaint your whole car to be on the safe side
Le Mans Master
Joined: Nov 2006
Posts: 7,215
Likes: 1
From: Orlando FL
That is no fun, you are in a bad place. The Paint shop should be forced to get it right, the option to go to court will likely leave you very frustrated and the insurance people just want you to go awaytry and get what you can as go away money.
the other option is depending on your insurance company they may help you out by leveraging the other company, what I mean is that some companies will pay and then they will sue the other company.
I have USAA and they are very good at personalized service.
Give them a call, worst case they will tell you to go fly a kite
good luck
Drifting
Joined: Mar 2011
Posts: 1,412
Likes: 15
From: Richardson TX
I don't think you'll come out ahead financially if you try to sue.... I don't think its worth your time and money.
If the shop is offering cash, I would take it and just swallow the loss. Just how life goes sometimes.
If the shop is offering cash, I would take it and just swallow the loss. Just how life goes sometimes.
Pro
Joined: Dec 2011
Posts: 718
Likes: 69
From: North Reading MA
I would give them 2 options.
Paint the whole car or I make it my goal in life to give you as much bad press as possible. I have seen the local TV news eating up stories like these.
I remember a standoff about 10 years ago where a dealership didn't do right by this guy and he was out there for 2 weeks straight holding a big sign and getting a lot of attention...They finally gave in and made things right. Drastic, but effective.
Paint the whole car or I make it my goal in life to give you as much bad press as possible. I have seen the local TV news eating up stories like these.
I remember a standoff about 10 years ago where a dealership didn't do right by this guy and he was out there for 2 weeks straight holding a big sign and getting a lot of attention...They finally gave in and made things right. Drastic, but effective.
Safety Car
Joined: Dec 2010
Posts: 3,938
Likes: 498
From: Fords, NJ
You pretty much nailed it !
I'm gonna need some paint work on the drivers side door. Took it to a very reputable Shop who also does Vette's and the dude told me the same. It will have to be blended.
Team Owner
Joined: Sep 2003
Posts: 43,084
Likes: 33
From: Raleigh / Rolesville NC
If you had any WAX on your car, the paint wont match.
Millennium Yellow is very difficult to match.
Best option is to strip the wax of the car, wash with dawn dish soap, then repaint the whole car. But wont get that for $1,000
I have three different Millennium yellows on my car, from two different paintings.
Millennium Yellow is very difficult to match.
Best option is to strip the wax of the car, wash with dawn dish soap, then repaint the whole car. But wont get that for $1,000
I have three different Millennium yellows on my car, from two different paintings.