My Mechanic drove my car without my permission and get hit

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PostPosted: Tue Feb 10, 2009 5:05 pm   Post subject:   

There are several schools of thought on this.

I do not personally charge for test drives. I may test drive for windnoises, rattles, etc. I let the alignment shop do their own test drive. If I charge for a test drive, then that makes me liable for any conceivable hidden damage that may have occured during the accident simply because I claimed to have test driven by virtue of claiming the expertise to do so. Even though I sublet the aligment, you and I know that I am still liable for their work. We routinely mark up their labor and our expense to get the vehicle to that repairer because we are accepting the risk that they did their job correctly and we charge an appropriate price commensurate with work performed and the risk taken.

I know there are those that do charge for a test drive and when the insurer puts in writing that they refuse to pay for a test drive, then that removes some of the liability from hidden damage because the insurer refused to reimburse the consumer for a fee that we may have determined was necessary. It's all about assuming risk with proper payment and acknowledging those that refuse to pay for a thorough test drive.

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PostPosted: Tue Feb 10, 2009 6:13 pm   Post subject:   

It sounds like there could be a lot of risks involved in being a shop owner. I personally have never paid for a garage to test drive my vehicle but I am from the back woods. You simply take your vehicle to a place you have went to for yeats and years and hand over the keys. The guys working on your car are people your around alot. Thinking of this and reading your post makes me wonder if maybe they carry insurance to cover themselves sonce its more of a drop and go garage.
I am glad I have never had anything happen that would bring on a problem of whos to blame but reading this post has made me relize just what riskd there are .
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PostPosted: Wed Feb 11, 2009 10:47 am   Post subject:   

Quote:
After the repairs are completed is a poor time to authorize those repairs
I totally agree...the company I work for even the direct repairs shop MUST have a signed authorization to repair that vehicle from the owner...no insurance company can give any shop authorization to repair a vehicle..or even move one for that matter....

I've seen both sides of the 'half way done' repair without an authorization...it's not pretty, (unless you are the one on the back half Wink )

I've never had a shop ask to be paid for a test drive...unless and only if it was part of a diagnostic, which would also include other things..But never to check that the repair was done correctly (ie wind noise, after susp/steering work etc)...
Quote:
It sounds like there could be a lot of risks involved in being a shop owner.
There are huge risks that the public doesn't realize or think about in owning any business...any time you are in a business that repairs or works on someone elses property (as opposed to selling them new property) the expectation and risk are much higher.
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PostPosted: Tue Mar 31, 2009 6:49 pm   Post subject: mechanic backs into customer car with a customer car  

so my fiance is a mechanic and he backed into a customer car with a customer car, his boss didn't want to go through insurance because it would raise his rates so he paid out of pocket. Now his boss is saying he wants him to pay for the damage which is $1500. We don't have that much money and I am wondering if what he is asking of him is even legal. That's why he has insurance to cover accidents like this, because it was a complete accident. Thanks for your advice in advance.
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PostPosted: Tue Mar 31, 2009 7:53 pm   Post subject:   

Quote:
We don't have that much money and I am wondering if what he is asking of him is even legal.
It's legal to ask for... and I'm guessing if it's not paid his employer may fire him. I've handled many claims where valet attendents do the same thing. The company has a deductible that they pay and they require the valet attendents to pay back the deductible.

I think it's rude and nto right to require an employee to pay but I can see the employers point of view... the employee was not doing their job correctly and this caused money out of the employers pocket. But I also think when you hire someone you should expect that they might make a mistake. You take the good with the bad.
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PostPosted: Tue Mar 31, 2009 8:10 pm   Post subject:   

So it looks like he won't be able to deduct anything from his paycheck and he can't fire him either or we will take his butt to court.

from the industrial welfare commission
8. Cash Shortage and Breakage
No employer shall make any deduction from the wage or require any reimbursement from an employee for any cash shortage, breakage,
or loss of equipment, unless it can be shown that the shortage, breakage, or loss is caused by a dishonest or willful act, or by the gross
negligence of the employee.
9. Q. What can I do if my employer retaliates against me because I objected to a deduction from my wages?


A. If your employer discriminates or retaliates against you in any manner whatsoever, for example, he discharges you because you object to what you believe to be an illegal deduction, or because you file a claim or threaten to file a claim with the Labor Commissioner, you can file a discrimination/retaliation complaint with the Labor Commissioner’s Office. In the alternative, you can file a lawsuit in court against your employer.

so hopefully everything will work out...

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PostPosted: Tue Mar 31, 2009 10:44 pm   Post subject:   

afisppq
I think his boss is within his legal right to fire him...just for the damage period..he can't fire him if he refuses the deductions...but most certainly can for the accident.

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PostPosted: Wed Apr 01, 2009 12:07 am   Post subject:   

He already go a write up that said if it happend again he will take other actions up to termination. This happend 2 weeks ago and now he wants payment....I think it's a little late for that.
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PostPosted: Wed Apr 01, 2009 10:45 am   Post subject:   

Is the same guy that wrote him up the same one that is asking for payment? and what did boy friend say?
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PostPosted: Wed Apr 01, 2009 10:48 am   Post subject: insurance  

I think it's wrong for the Employer NOT to use the Insurance ( for damages) if he has it. Can't the Employer make a compliant about this somewhere? If the Employee did this ON PURPOSE, I can understand...however, it was just that.........an accident.
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PostPosted: Tue Jan 24, 2012 2:47 pm   Post subject: hi  

i took a company car without permision and some scratched my car, and due to that, the person told me to fix where he scratch and he did it for me and through tha i keep long before returning the car to work. now my boss said i should write query letter about this. and i want ypur assistant
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ernest obeng
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PostPosted: Sat Jan 28, 2012 2:29 pm   Post subject:   

This is not really an insurance question. Taking into account everything that you said, you are lucky that your boss didn't file a police report stating that the car had been stolen.
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PostPosted: Sun Jan 29, 2012 1:29 am   Post subject:   

Quote:
and i want ypur assistant
With spelling and grammar?
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PostPosted: Mon Jan 30, 2012 12:35 pm   Post subject:   

Quote:
With spelling and grammar?


Laughing Laughing Laughing
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