MEP001
Well-known member
I agree with you and hope she either complies or drops the whole issue. Just because she can take the money and not fix the issue doesn't mean it's right. She probably abuses the systems in other ways.
Pay Damage Claim Out of Pocket or No?
- Thread starter Waxman
- Start date
Earl Weiss
Well-known member
- Joined
- Aug 31, 2007
- Messages
- 6,368
- Reaction score
- 941
- Points
- 113
2 Examples. (Summary) A. 10 year old Acura, rear wiper goes thru window. Top brush snags it and breaks glass. Call glass shop and they say send it over- Cost to fix $400. I say OK. Customer asks if it is a new window. I say I don't know but car is 10 years old so he isn't entitled to a new window. Takes it to a dealer and spends $2300, glass, moldings and wiper motor. Has State Farm Pay and they come after me. They refuse to accept offer of $650. Go to trial. Have Glass shop guy testify as to cost. Judge says "I will dispense some street justice and awards half - $1150. B. Van Jumps track. Scratch on Driver side. Check tire when he comes out. 15 PSI in on front and 60PSI in the other. I refuse to pay. Has $3000 in repairs done. State Farm comes after me . I refuse to pay. Repair bill shows repairs on all 4 sides. At trial customer testifies only driver side damage. Claims rep testifies as to bill and payment. I cross examine on bill and ask if he heard customer testify only Driver side damage. He says Yes. Goes thru each item not on Driver side. Argue court should deny claim because of tire PSI issue and because Bill has so much other stuff in it. Judge says. I could have examined car and found low PSI Issue when it cam in - I take cars as I find them (This is a damages maxim not a liability maxim) and awards half. And So On.
Earl Weiss
Well-known member
- Joined
- Aug 31, 2007
- Messages
- 6,368
- Reaction score
- 941
- Points
- 113
Would you feel the same way if the shoe was on the other foot? Someone damages your car and perhaps repairs are more than it's worth. You'd prefer to put the money toward something else but they insist you repair it.
chaz
Active member
I had a guy back into my 15 year old Camry as he was pulling out of a spot. Dent to rear door and small scratches on rear quarter panel. Minor damage...I thought it made no sense to put $1,500 into the car. His insurance said that’s fine...here’s the check. I tried to negotiate for the rental car allowance.....he refused unless I had the car fixed. I’ll be selling that car soon and the buyer will get a but better deal as I was already paid for the damage
It sounds to me like all she wants is the cash and not to get her car fixed. I can't understand why the police are involved. If it were me and she dragged the police into my business it would be the end of the story. I would tell them both in no uncertain terms to get off the property.
JGinther
Zip-tie engineer
I think I would have to have more spare time and enjoy court proceedings to take this stance. A police officer is assigned to situations like this to keep it civil - prevent things from going to a higher level or assault... And to bear witness. Be careful taking advice from a forum full of opinionated unlawyers! And anti-lawyers in many cases!
Up here you won't get the police the come out for a civil case. It's hard enough to get the police to come for criminal case. 25 years ago I was a nice guy, now I kind of enjoy telling someone go pack sand. The car wash business kind of does that to you.
JGinther
Zip-tie engineer
Well, down here the police gladly go on these calls. I have had police escort customers demanding something ridiculous on a couple occasions. But if I call about vandalism or anything criminal, they don't even run the plates. They say "probably a drug sharing car" and say "see you tomorrow." The plates have matched the owner of record only about 10 times of the 100 or so we have dealt with over the years. In every single case, the owner has no idea where the vehicle is at that time. They like to see businesses choose the wrong path: There's usually money there for the prosecution, and its more fun than chasing the same 50 people with addictions to feed and mouths to pay around town all night.
All these are civil matters not criminal. Waste of police (taxpayer) resources if an upset customer brings along a police escort. If this were to happen to me, I'd be inclined to print out / have handy a no trespass order and insist the police witness me serving the customer and the next time the customer showed up call the police back to have them served with trespassing. Because once it's to that point you're not gonna see any business from that customer ever again.
That being said, I've had about one claim a year now - once due to machine malfunction, a couple more because of employee screw up (didn't secure a panel, came loose and fell against fender scratching paint; another time employee left an emitter out of the automatic door control so the customer taking their sweet time at the undercarriage when door couldn't see the eyes closed on vehicle and scratched paint).
In one instance I arranged to pay body shop directly. The other two instances the customer collected cash value. I figured it's their business whether they fix it or not, and if I don't have to pay for a rental car then I come out ahead. If I can keep a customer happy and avoid them bad mouthing me on google/facebook then it's all golden.
Oh I did have a customer threaten to take me to court - handle came loose while he was pre-scrubbing his car. Metal threaded handle gouged his roof. He wanted me to pay for it. I said I didn't feel responsible; it's a courtesy feature we don't charge for and that we expect customers to use good judgment, inspect for loose brushes, etc. Customer said he was sure a judge would disagree, promised to bad mouth my business in his social circles and that he'd see me in court. I waited a few hours, sent him another text reiterating that I didn't feel responsible but that I'd rather keep a customer rather than losing one and asked that he get three estimates and send them to me. Never heard from him so never had to pay out. I don't think I would have anyways (or I would have tried to compromise minimally).
For the damages that were above our deductible I didn't claim on insurance because I was afraid they'd just jack my rate up.
Waxman
Super Moderator
I did pay the claim to the insurance company, not to her or the body shop. FYI the amount I paid was different ( lower ) than she or the bodyshop wanted.
Customer then took me to small claims court. I remember vividly, because I was right in the middle of what I like to refer to as :" SEWERGATE 2019", where I was shut down for a full month while I rebuilt a part of the sewer system for the wash. I remembered I had court at 9am ( at 8:55 am). Rushed to the court. Made it on time somehow. It became very clear to the magistrate that the customer was attempting to get me to repair damages that occurred after my wash scratched her hood; broken taillight, smashed bumper, tailgate and bed side, ETC. I presented all of my evidence, including the receipt saying I had paid the insurance claim in full. Judgement for the defendant.
Customer then took me to small claims court. I remember vividly, because I was right in the middle of what I like to refer to as :" SEWERGATE 2019", where I was shut down for a full month while I rebuilt a part of the sewer system for the wash. I remembered I had court at 9am ( at 8:55 am). Rushed to the court. Made it on time somehow. It became very clear to the magistrate that the customer was attempting to get me to repair damages that occurred after my wash scratched her hood; broken taillight, smashed bumper, tailgate and bed side, ETC. I presented all of my evidence, including the receipt saying I had paid the insurance claim in full. Judgement for the defendant.
