Anyone know a good lawyer?
#21
Safety Car
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St. Jude Donor '08-'09-'10-'11-'12-'13-'14-'15
Man, what a mess! Unfortunately, in todays world, just about everything seems to be outsourced ~ which often can lead to problems such as yours. No question, the responsible party in this case, is the dealer. The dealer is responsible for making the situation right and repair all of the damage to your car. Its his problem to sort out the details with the tinter/who he outsourced the work too ~ and his alone ~ not yours! You should not have to be involved in any meetings with the tinter or anyone else - he's just trying to deflect/transfer his responsibility - shift your frustration/recourse to the tinter. If you haven't already done so, I would do the following before retaining a lawyer. Put your complaint in writing; leave no doubt with the dealer as to your repair expectations. At the bottom of your letter, clearly indicated copies of your complaint are being sent to: BBB, State Attorney Generals Office, etc. Give him a deadline to respond to your letter. Hopefully, the dealer will do the right thing - if not, you may have to retain a lawyer. Over the years, I have found...on the few ocassions I've had to resort to this method, its yielded good results and the problem was resolved to my satisfaction before getting an attorney involved. Best of luck and hopefully your car will be like new soon.
#22
Instructor
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Having built nationally recognised hotrods, classics and muscle cars.. I understand paint really well. I can't paint per se... but I do understand the science of it. I also am not a lawyer.. but I stayed in a Holiday Inn last year!
My take is that first... most dealers do NOT tint period and will tell you to find your own.... and/or will completely tell you that if they do it.. they take no responsibility. But, since you have NOT taken delivery you have some power here in my opinion.
Next, I would NOT take delivery of a NEW car that is repainted anywho. I just wouldn't. Not that it can't be corrected.. but matching is a problem of course and you can color match clear-coat. You have to clear the whole panel.
Some of the scratches need to be color-sanded with wet/dry process and rebuffed to see what will come out. If the scratches are in the color part of the paint strata.. then repainting is the only way. Make sure you pick a painter that will completely give you a 100% lifetime guarantee. Now.. having said that... I had a new truck that went thru a barbed wire interstate fence at 70 MPH that scratched every panel and the glass as well. I replaced all the glass (except the back window) and got a superior paint job to the factories!! The truck look awesome and everyone remarked how good the paint was on the truck and couldn't believe how it popped. I was better satisfied with the new paint job than the factory....so it can be a good thing sometimes.
It looks like the tinter had a metal belt buckle or metal/plastic buttons on this pants or shirts. The tinter I used put a T-shirt on and even put 2" medical tape (the white stuff that is soft) over his fly so that if he leaned over and the flap was pushed aside the zipper would never touch the car! He also put towels around the surfaces that he was leaning across. So, I guess these things happen... just need to prepare for them.
I also would think that the tinter is bonded in some way.. and if not the dealer is liable on that one.
Bottom line is that if you get it repainted make sure it's a reputable shop and not just your run of the mill place. Most dealers are NOT good at repainting if they do it themselves! They just aren't. I would do a cursory review of local painters and call some of the more upscale dealers (Mercedes, Ferrari and others) to see who they use and ask the dealer to use that painter.
Just my two sense!
My take is that first... most dealers do NOT tint period and will tell you to find your own.... and/or will completely tell you that if they do it.. they take no responsibility. But, since you have NOT taken delivery you have some power here in my opinion.
Next, I would NOT take delivery of a NEW car that is repainted anywho. I just wouldn't. Not that it can't be corrected.. but matching is a problem of course and you can color match clear-coat. You have to clear the whole panel.
Some of the scratches need to be color-sanded with wet/dry process and rebuffed to see what will come out. If the scratches are in the color part of the paint strata.. then repainting is the only way. Make sure you pick a painter that will completely give you a 100% lifetime guarantee. Now.. having said that... I had a new truck that went thru a barbed wire interstate fence at 70 MPH that scratched every panel and the glass as well. I replaced all the glass (except the back window) and got a superior paint job to the factories!! The truck look awesome and everyone remarked how good the paint was on the truck and couldn't believe how it popped. I was better satisfied with the new paint job than the factory....so it can be a good thing sometimes.
It looks like the tinter had a metal belt buckle or metal/plastic buttons on this pants or shirts. The tinter I used put a T-shirt on and even put 2" medical tape (the white stuff that is soft) over his fly so that if he leaned over and the flap was pushed aside the zipper would never touch the car! He also put towels around the surfaces that he was leaning across. So, I guess these things happen... just need to prepare for them.
I also would think that the tinter is bonded in some way.. and if not the dealer is liable on that one.
Bottom line is that if you get it repainted make sure it's a reputable shop and not just your run of the mill place. Most dealers are NOT good at repainting if they do it themselves! They just aren't. I would do a cursory review of local painters and call some of the more upscale dealers (Mercedes, Ferrari and others) to see who they use and ask the dealer to use that painter.
Just my two sense!
#23
Melting Slicks
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Get a lawyer to write a nasty letter outlining everything to the shop owner directly. Keep it simple and try not to involve any more parties.
Your next step will dictate how the shop will respond to the letter.
Red Cell.
Your next step will dictate how the shop will respond to the letter.
Red Cell.
#25
Team Owner
I feel for you but...They are not going to replace the whole car for 2500 dollars in scratch damage.Sorry.It sucks,but that's a fact.It'll cost you that much or more to fight them,but it's worth it to prove a point I guess.
#26
#27
Melting Slicks
Dealer 100% responsible. Contact the dealers insurance company immediately. It does not matter that they outsource the work, which is typical for tint, stereo work, etc. You left the car in the care and custody of the dealership. You are not the one that has to determine who is responsible. The insurance carrier for the dealer can subrogate against the tinter if they want, but that is not your problem.
File a claim with the dealers carrier, and let them handle it. No need to talk with service department or tinter anymore. You can determine who fixes and paints your car, they can not require where you have it fixed.
File a claim with the dealers carrier, and let them handle it. No need to talk with service department or tinter anymore. You can determine who fixes and paints your car, they can not require where you have it fixed.
#28
Instructor
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That is not acceptable at all.
I'm very sorry.
The tint shop should be bonded, and the dealership should alos offer assistance since it was a vendor they use. I don't see why they won't fix the problem.
~Brian
I'm very sorry.
The tint shop should be bonded, and the dealership should alos offer assistance since it was a vendor they use. I don't see why they won't fix the problem.
~Brian
#29
Tech Contributor
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Wounded Warrior Escort '11
OMG, those scratches are terrible. I'm shocked that the dealer even wanted you to take delivery of it in that condition...probably knowing full well that they will blame you for the damage if you had left with it. You do indeed need an attorney right away and yes as mentioned above several times, the dealership that you left the car with is fully responsible for the damage regardless of who caused it in this case. If they are going to argue over the responsibility for such serious damage, then you might start with telling them not only what you want, but it will be that way or they can buy you a new car at their expense or by the time you get done with them in court, they could have bought you two new ones at their expense. You were very smart not to accept delivery of it in this condition and be sure to document everything that is said in these meetings. Get an audio/video recording of these meetings if you can...remember you must have their verbal permission to record audio.
#30
Drifting
I'm in agreement with all of the advice that has been offered. At this time I would: a) get a estimate to repaint to factory specs, find an outstanding body shop. b) consult with an attorney (probably no more than 30 min.)
As for a complete re-paint: my son runs a body shop and tell me that it would cost upwards of $4,000 to repaint my Toyota to "original". That requires removing all the lights, bumpers, door handles, chrome, logos, etc., and replacing much of it with new. That's my 2 cents.
Good luck.....hey where are you? what state?
ps: Here's another piece of advice (somewhat related): if you are a parent, in a second marriage, own a home, and/or can afford a nice car like the Vet, you need an ATTORNEY (just like you need a dentist at times).
As for a complete re-paint: my son runs a body shop and tell me that it would cost upwards of $4,000 to repaint my Toyota to "original". That requires removing all the lights, bumpers, door handles, chrome, logos, etc., and replacing much of it with new. That's my 2 cents.
Good luck.....hey where are you? what state?
ps: Here's another piece of advice (somewhat related): if you are a parent, in a second marriage, own a home, and/or can afford a nice car like the Vet, you need an ATTORNEY (just like you need a dentist at times).
#31
Melting Slicks
I think an important question is if you pay the dealership and they pay the third party tinter or if you pay the third party tinter directly. If you pay the dealership I would deal with them directly and not the third party tinter at all.
#32
Burning Brakes
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Yor are at the next level. Get an attorney, keep the tinter out of it, its the dealership you go after, they are responsible. Then call a local news station, they just love this stuff.
#33
Burning Brakes
You left the car with the dealer, not the tinter. Document every detail you can remember, that's as good as a taped conversation. Truly sorry to see that.
#35
Race Director
Just looking at those scratches ruined my whole day. I can imagine how you feel. A really good body/paint shop will make this nothing more than a bad memory, though.
#37
Goon Squad King of Battle
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St. Jude Donor '08-'09-'10-'11-'12-'13x3- '14-'15-'16-'17-'18-'19-'20-'21-'22-'23
Wow! That totally sucks. I'd be upset right along with you. Turn it over to your attorney. I think that's all you can do at this point.
#38
Melting Slicks
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This reinforces my opinion that short of absolutely necessary major repairs, nobody is messing with mine!
I'm really sorry to hear of your terrible situation. The tinter is clearly (pun intended) and idiot!
I'm really sorry to hear of your terrible situation. The tinter is clearly (pun intended) and idiot!
#39
Cruising
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Thanks for the advice and comments.
We have been documenting the events in detail. We do have an attorney and will be moving forward with that route ,probably a letter to begin with, on Monday. I feel the next step does need to be taken due to the Dealerships inclination to put the tinter in control of the situation and continues to shift the blame to the tinter. I don’t really care what happens between the dealer and the tinter this just needs to be resolved. Since my payment was to the dealer they are party that has an obligation to correct the situation.
We were promised a call this morning from the service manager and have not received it as yet today. The service department closes in 40 min...
Just to clarify. We paid the dealer for the tint and they subcontracted the work.
We are located in Northern Colorado.
As the progresses either way I will go into more detail about who the tint shop and the dealer are.
A weekend without a corvette is a hard thing to swallow.
We have been documenting the events in detail. We do have an attorney and will be moving forward with that route ,probably a letter to begin with, on Monday. I feel the next step does need to be taken due to the Dealerships inclination to put the tinter in control of the situation and continues to shift the blame to the tinter. I don’t really care what happens between the dealer and the tinter this just needs to be resolved. Since my payment was to the dealer they are party that has an obligation to correct the situation.
We were promised a call this morning from the service manager and have not received it as yet today. The service department closes in 40 min...
Just to clarify. We paid the dealer for the tint and they subcontracted the work.
We are located in Northern Colorado.
As the progresses either way I will go into more detail about who the tint shop and the dealer are.
A weekend without a corvette is a hard thing to swallow.
Last edited by allj; 07-26-2008 at 02:38 PM.