Do I have grounds for a lawsuit?

CHARLIE

I CANT GIVE YOU LEGALITIES ON THIS, BUT IM SURE OUR FCHAT RESIDENT LAWYER, WILLIAM HART WILL CHIME IN HERE SOON'

GOOD LUCK
BRUCE

 

Just out of curiosity who was the detailer?

 

I am VERY sorry to hear about this. Which shop? The one on Route 18 or the one on Route 1?

 

YOu probably do have recourse unless you somehow 'agreed' to some terms on an invoice or other document which purports to limit their liability.
In addition, New Jersey may have some consumer protection laws that limit the effect of such disclaimers.
But, the bottom line isn't the joy of a lawsuit, it is getting the problem fixed.
First thing I would do is go in person to the detailer and in a non-contentious way, ask him how this happened. I know that it is a risk using a machine buffer, but i'd think you'd have to be pretty careless as a professional to let that happen. (Although I'm sure it does). If you disarm the detailer, he may admit that somebody screwed up. And, you can put that in your pocket and use it later.
I don't know what can be done to repair that~ i'm not an expert in finish issues, short of repainting, which brings with it a host of other issues, since once you start, you wind up having to paint alot more than the area where the problem is. And, a good aftermarket paint job ain't cheap.
So, you'll need some input from a pro on this. I know the Pateraks in New Jersey are superb detailers, and probably know something about paint repair. You could look them up. YOu want to get the 'best' here, no second rate opinions or work. If they can't help you ask who they'd recommend.
You'll probably want to contact your insurance company, which in turn, could contact the detailer's. This might enable you to get the detailer to pay without having to bring suit, since your insurance company will have the ability to chase theirs. Obviously, part of that depends on your policy, as well.
And, sure, talk to a lawyer. But, by the time it is said and done, you can spend a fair amount of money, and alot of time trying to get these turkeys to trial with no assurance that they'll pay at the end of a long tunnel. That's why I suggest taking the other steps, if you can. Good luck.

 

you might want to approach teh business owner about making an insurance claim if it is that bad that it has to be repainted. This way he doesn't see it as a huge out of pocket.

you didn't pay with an amex gold/ platinum/ black did you? they have purchase prtection up to $10,000 for accidental damage or loss.

 

Having owned a detailing operation for over 12 years, I hear a story like this at least once a week from people stopping by for a solution from us. Unfortunately, as I always explain to them, you can't put paint back on by buffing. That's why it's so important that the prospective detailer measure the total film (paint) thickness on every panel to see if maybe one of the panels was re-painted or someone before him aggressively wet-sanded/buffed the paint. The sad truth in our business is that the last guy to touch the paint is responsible - even though the previous detailer took off 90% of the piant/clear-coat. Did the shop ever measure the paint before buffing the car? It's a little disconcerning that after burning through in one area they continued to buff and burn another. That's like the "definition of insanity" - doing the same thing over and voer expecting different results. But the kicker is after buffing that much the scratches are still there.

Any decent shop must and should have garage-keepers insurance (ours is over $2 mil). Speak to the owner and have him file a claim. You pick a body shop up to your standards and have them agree to pay after you obtain an estimate.

Best of luck!

 

I agree with Matt. First place to start is with the owner of the detail shop. Ask for the name of their insurance company, address, policy number, and ask if the owner will assist you in filing a claim. If the owner tells you to go pound salt, your only recourse is to sue him, and/or file complaints with local consumer agencies. Get at least two estimates of repairs from reputable body shops. Obviously the car will need to be repainted, and the only way to do it right is to do the whole car so it matches.

If the cost estimates are under $10,000, you can sue in NJ in Special Civil part, which is like small claims court. You can get forms from the court and do it yourself, without an attorney. You have the admission of the guys at the detailer and you should take lots of photos to document the damage. Write a detailed memo for yourself of what happened, who you spoke to, when, what they said, etc. And if you had a witness with you, so much the better. Write things down NOW while they are still fresh in your mind. Names are very, very important. And so are the exact words of their admissions. If you go back to talk to the owner or whoever is in charge, make sure you take a witness along with you, in case they make more admissions that they screwed up.

If damages/cost of repair is more than $10,000, you have to sue in Superior Court. That's more complex and you'll probably need a lawyer. It's unlikely that this would fall into the realm of consumer fraud (just poor workmanship on their part). Consumer fraud would give you triple damages plus attorneys fees. But the main thing you want now is to get the car taken care of. If you've got bare metal, that's a problem as the rust worm will go to work quickly on that.

Good luck with it and let us know what happens.

Regards,
Steve

 

I would hope that if the shop owner was anywhere near stand up, he'd work with you to fix the problem. He should have libility insurance for the business.

One thing I've noticed through personal experience and stories like this is (even though it's extremely anal) if you are going to leave a car, house, furniture, anything that has value to you & that can somehow be damaged in the care of others..

1. Somehow document the condition of the car or item prior to leaving it in the care of others. Even areas not close to the possible repair or fix. Whether it's digital pics, or whatever.

2. Specifically go over that condition with the person, company that will be caring for the item while your gone.

3. Ask for insurance or other documentation, even if it's just to get the attention of the person careing for the item.. they'll know you mean business.


It's always hard when you get back and say, "there's a rip in my seat." Guy say's "it was there when you brought it in." If you go over it or document it it protects both parties in some way.

Sorry to hear about you bad luck, I hope it gets resolved.

 

Just a question:
I know the law requires the other party, in an automobile accident, to exchange insurance carriers with you; what are the legalities of being able to obtain insurance information for damages in non-accident disputes ?

 

Short of filing a lawsuit, there is no legal obligation for someone to identify who their insurance company is. Auto insurance is a special circumstance, covered by motor vehicle laws. Other types of insurance are not subject to the same laws, and a person or business is not required to disclose their insurance carrier. If you sue, you can then request insurance information in discovery. Otherwise, if they don't give it to you voluntarily, you can't compel them to give it to you.