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 Posted: Fri Jul 02, 2010 8:06 pm Post subject: wheel came off of our car just minutes after picking up from |
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wheel came off of our car just minutes after picking up from body shop. The wheel was directly below the quarter panel they repaired. They claim its not their problem. We stopped payment on our check until their insurance company will confirm that they will fix the new damage caused by the wheel incident. The body shop wants us to re-issue payment now stating that we were satisfied with the original work. Should we re-issue payment now or wait until we get an answer from their insurance company
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| Posted: Fri Jul 02, 2010 8:43 pm Post subject: |
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This is really a legal issue.. .as the contract with you and the repair company were for repairs to the vehicle. If they did the repairs correctly, then you own them the amount of the bill. If the did not do the repairs correctly then I think you have an argument for not paying them... at least for the amount owed less the repairs to the vehicle.
This happens a lot. I usually see it as two separate issues... they repaired the vehicle and you agree to pay them. You gave them a check in good faith. Now you are going back on that payment which might be illegal. But you also have this claim against them in which you state that they did not make the correct repairs as agree to so you don't owe them the money.
I'd speak to the shop and let them know you are going to give their insurance company a few days to give you an answer and then determine what you are going to do with the payment.
Most repair shops that have Garage Keepers comp/coll coverage will also have the Direct/Prime endorsement which can pay for your loss regardless of fault. |
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tcope
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| Posted: Sat Jul 03, 2010 5:48 am Post subject: |
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| Quote: | | wheel came off of our car just minutes after picking up from body shop. The wheel was directly below the quarter panel they repaired. They claim its not their problem. |
A classic scenario for Judge Judy/People's Court/you name it courtroom show!
Tcope is right, stopping payment on your check is akin to a breach of contract. The wheel falling off is a separate issue.
If you cannot come to an agreement over the additional damages, then you could wait to be sued in small claims court for the stop pay (where you'll probably lose) and file your cross complaint for the additional damages you believe the repair shop causes by their negligence.
Hopefully the insurer will do the right thing and pay your claim.
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MaxHerr
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| Posted: Sat Jul 03, 2010 4:58 pm Post subject: insurance |
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| You would think, however, that the repair shop would notice if the tire was bad or something else was wrong with it (if there was). If they WERE a decent shop, theywould/should have 'made amends' someway. |
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sdchargersfan
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| Posted: Sat Jul 03, 2010 11:39 pm Post subject: |
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First of all, it's really not they're problem if they didn't touch your wheel or tire. Second, was there any damage to the tire/wheel itself? Does the final repair bill list any work performed, operation performed on the tire such removal or inspection? If none of this is documented, it is going to be pretty difficult to hold them responsible.
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Trench
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| Posted: Sat Jul 03, 2010 11:41 pm Post subject: |
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| But keep in mind that the tire fell off _right_ after they got done working in that area of the vehicle and was probably just fine before taking it into the shop. Seldom is their a smoking gun but in this case it's not too difficult to make that small leap. Also, the shop may have Direct/Prime which would allow the carrier to pay for the OP's damage... less the Garage Keepers collision deductible. |
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tcope
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| Posted: Sat Jul 03, 2010 11:42 pm Post subject: |
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| Quote: | | You would think, however, that the repair shop would notice if the tire was bad or something else was wrong with it |
Tires and wheels are two different things. And the OP does not state what caused the "wheel [to come] off" the vehicle. Did all the lug nuts fly off first, did a strut fail?
If the repair shop never removed the wheel to make its repairs, any damage to the axle/strut might very well have been concealed. It is not the repair shop's fault if that's the case -- they are not required to look for damage that is unrelated to a repair, although some do.
On the other hand, if the repair shop did remove the wheel and subsequently failed to replace it properly, then they bear liability for any new damage.
Until we hear more from the OP about the details of the incident (and, remember, there are always at least two sides to the story), we can only speculate as to liability.
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MaxHerr
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| Posted: Sat Jul 03, 2010 11:49 pm Post subject: |
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| Quote: | | But keep in mind that the tire fell off _right_ after they got done working in that area of the vehicle and was probably just fine before taking it into the shop |
I would not jump to that conclusion, it could be an event of pure coincidence. Working in that area proves nothing. Some repair shops will remove a wheel for repair or replacement of the quarter panel, but in my experiance it only happens once in a a blue moon. Tires just do not fall off of vehicles, unless it was removed and the tech did not tighten the lug nuts. If that is the case, it would be easy to tell. If a strut broke or another suspension peice was damaged, could be the culprit but harldy the shops fault. Repair shops miss things all the time, but if there is no negligence on their part, it really is not their problem.
No offense to the guest or anyone else, but if I had a dollar for everytime someone said "it wasn't like that before"...you know the story. As a former collision shop manager, claims like these happened all the time. Some were legit but in all honesty, many were not. People make mistakes that's clear, but at this point with the info we have been provided, it's difficult to "pin" it on the shop. By now you should know why the wheel came off.
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Trench
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| Posted: Sun Jul 04, 2010 1:25 pm Post subject: |
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Ok, first of all IMO, (and I'd bet a courts as well) these are two totally separate issues..You pay for the repairs completed, then address this wheel flying off issue..
Please answer a couple of questions..
You say this wheel came off right after you left...how far, a block, ten miles, and three days later? how far from the shop were you and how much time had elapsed from the time you left the shop?
The shop should've given you a 'final' when you picked up your car. Look at it..if you can post it here (remove personal info or send it to me as a PM and I'll remove it prior to posting)..we can look at it and see if we think that wheel would've been removed or not. Does the repair bill show a four wheel alignment? Did they replace or repair the 1/4? Does it show any innerstructure (might say inner or outter wheel house, inner 1/4 etc)repair on that 1/4?
Probably most important...when were these tires/wheels last rotated/purchased etc? Have you EVER had anything done with them at all ever?
| Quote: | | No offense to the guest or anyone else, but if I had a dollar for everytime someone said "it wasn't like that before"...you know the story. |
 I'd have been retired by now! tell me about it! EVERY week, I get this in some regard or another, most generally it's something along the lines of, "yeah, my rear bumper cover needs a 1.5 hr repair, BUT now my car is out of alignment, the engine is knocking, the radiator leaks, and I have the sniffles, and it WASN'T THIS WAY BEFORE THE ACCIDENT!" GEEZE
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Lori
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| Posted: Tue Jul 06, 2010 12:48 pm Post subject: |
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Original Post:
| Quote: | Posted: Fri Jul 02, 2010 8:06 pm Post subject: wheel came off of our car just minutes after picking up from
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wheel came off of our car just minutes after picking up from body shop. The wheel was directly below the quarter panel they repaired. They claim its not their problem. We stopped payment on our check until their insurance company will confirm that they will fix the new damage caused by the wheel incident. The body shop wants us to re-issue payment now stating that we were satisfied with the original work. Should we re-issue payment now or wait until we get an answer from their insurance company |
Op,
Did you select this Shop on your own? Or did an insurer direct you to one of their Program Shops?
If directed by an insurer, you need to contact that insurer and get them involved. One of the insurer's claims to get consumer's to use their Program shops is stating that they [the insurer] will guaranty the repairs as long as you own the automobile.
If removing & re-installing this wheel was part of the repair process.... that insurer is on the Hook and should be paying for their Program Shop's negligence.
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That's my 2¢ worth for now. ( maybe ± a couple ¢ ) 
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FK
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| Posted: Tue Jul 06, 2010 1:02 pm Post subject: |
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| Quote: | | Did you select this Shop on your own? Or did an insurer direct you to one of their Program Shops? |
As if this makes any difference.
| Quote: | | that insurer is on the Hook and should be paying for their Program Shop's negligence. |
You really think the insurer is going to "pay" for the shop's negligence?
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| Posted: Tue Jul 06, 2010 6:00 pm Post subject: |
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Did you select this Shop on your own? Or did an insurer direct you to one of their Program Shops?
As if this makes any difference.
Quote:
that insurer is on the Hook and should be paying for their Program Shop's negligence.
You really think the insurer is going to "pay" for the shop's negligence? |
Are you the guest that started this Thread?
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That's my 2¢ worth for now. ( maybe ± a couple ¢ )
FK, |
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FK
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| Posted: Tue Jul 06, 2010 9:37 pm Post subject: |
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| Quote: | | If removing & re-installing this wheel was part of the repair process.... that insurer is on the Hook and should be paying for their Program Shop's negligence. |
"IF" the shop will not back up their own work/negligence, or "IF" the vehicle owner refuses to return to this shop..then the warranty (ones I've read anyway) will kick in. The carrier will pay (a different shop) to repair the damage and then subro 'their' shop...
Most shops of ANY quality will stand behind their own work, or negligence, and rarely does the carrier (if they warrant the repairs from a shop) have to warrant something. However, I have paid under the 'warranty' a few times in the past ten years, for a variety of reasons. Wheels flying off have not been one  (they were more 'quality' issues) But I have handled several claims when a vehicle just left the 'tire' shop and had this happen...
| Quote: | | As if this makes any difference. |
It most certainly can make a HUGE difference. And a valid question. If this is a direct repair shop, for the OP's carrier, then their carrier most likely DOES back this shops work...with a written warranty...'if' the shop is indeed liable for this damage, and will not accept their responsiblity to make this right with the OP then the warranty will come into play. | Quote: | | You really think the insurer is going to "pay" for the shop's negligence? |
I don't know how many direct repair warranty claims you've handled 'guest', but I have handled some and , and I'm telling you YES...if it's a shop who this carrier has agreed to warrant their work.. AND they were negligent.
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Lori
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