I NEED Help!! (please read)

[69Nova]

Ok guys I'm gonna try and condense this down.

Last Friday me and my fiance(Amanda) took her car to a small local shop to get checked out. When we came to get the car the mechanic who did the work was waiting outside. He was nice and said since he could not figure it out he wouldn't charge us the 29 dollar fee. Late that evening Amanda discovered that the lower part of her bumper was ruined.

So we waited till monday and Amanda and I and her dad went down to the shop. Long story short they lied and denied that anything thing in there shop could do that. After looking around we found a shard and paint chips on the floor of the shop from her car. Then the mechanic got honest and said he did it.

The shop owner(who I thought was a stand up guy) said "since we didnt pay he wont pay". Then the mechanic spoke up and said he would pay to fix the car.

So we went around and got a few qoutes of the repair. Went to the shop and spoke with the mechanic who damaged the car, he said he will need a few weeks to get the money(about $550). After talking he said come back wednesday and he will have the money.

I'm sure he is gonna keep pushing the day back and never pay up.

What can we do? If he does not pay up on Wednesday what kind of legal action can we take? I'm thinking small claims court but have no idea how that works.

Any help is greatly appreciated.

[CHRIS67]

Did you take any pics of the chips in his garage and the damage to your car? Might be his word aginst yours otherwise.

[sniper]

I am gonna put my ****house lawyer hat on.

Even with a win in small claims, getting the money will be an issue.

The strange thing is that even if the mechanic did the damage, the shop is responsible. But you'd have a hard time getting the mechanic to testify on your behalf against the shop.

I would at least try to get partial payments from the mechanic in a money order, or check form. That way if it ever goes to court you have a copy of a partial payment to at least verify that there was an agreement to pay for the damage. Even if it is for $50.

[69Nova]

No we didnt think of taking pictures. But did keep the chips.

Thanks for the idea about partial payment.

What if I took partial payment from the mechanic himself. Then went to small claims court with the shop itself. Wouldnt that not look good on my part?

[John Wright]

Even a partial payment for the damages is an admission of guilt...so if it went any futher in court, you would have that in your favor.

[ProdigyCustoms]

The shop is responsible, put the pressure on the shop. The machanic may have done it, but he works for the shop.

The shop might fire him, hang him by his toes, put laquer thinner in his underwear, but they still have to pay.

Call and ask who their Garage Liaibilty company is. That will get their attention. Call me if you need me.

[69Nova]

That's how I see it too Frank. He represents the shop, so the shop is responsible. But will I have a hard time with this since there was no charge or paperwork(that I know of)?

Another issue, my old man went down there cause he has know the shop owner for 30 years or so. And the owner got pissed at him and threatened to beat up my dad and call an ambulance to scrape him off the ground. So I'm a little nervous about going up there and trying to deal with him if he already has that attitude.

[Van B]

I guess you know where you are not going next time you need some work done. I'll bet that is why they said they couldn't figure it out and didn't charge. They were probably hoping she would go away.

[Nessumsar]

I would go in there (with a friend in tow) with a tape recorder in my pocket, and talk to the owner. If he denies to pay your for the damage his mechanic did, that shows that there was damage caused. If he threatens you, it would only make your case better.

[sniper]

I may be mistaken but a secret recording is not admissable in court. The other party must know they are being recorded.

It makes for good TV but I don't think it is allowed.

[ITLBTU]

Is this shop run by union shipyard workers?

[SDS MACHINING]

As a business owner myself you are correct in thinking that the shop is responsible for the damages, maybe the mechanic is working under the table or off the books and hes worried about getting caught. I wouldn't go in there again if hes threatening with violence (what a tool) just file at small claims court he would pay as soon as he gets notice in the mail I would bet. Besides maybe Judge Judy will pick up the case and we can see this unfold on TV. Hope it turns out in your favor.

[ProdigyCustoms]

Listen, Don't be afraid of the loud mouth. First off, if somone drives into your business in Florida and their car gets hurt. The shop is liable.

He better have insurance and he better tell you who they are for a claim, our your next call is to motor vehicles.

All the CSI **** with tape recorders is not required, Florida protects car owner rights from shops

[PROTREE]

talk to your insurance company and tell them what is going on and have them make a claim with garage owner they already admitted doing it

[JamesJ]

you could try to get $500 worth of work for exchange if you wanted to, I would say that they should give you more because it does not cost them that much.... Just an idea if it gets to hard to get some $$$ out of them...

[dadto2jays]

On our repair orders it states very clear that we are not responsible for theft, fire but if one of my techs damages a car we take full responsability and take care of whatever happened.

If the shop owner is acting like such a tool I have never been too concerned with loud mouths that threaten and just talk be careful with the quiet one thats the one that will kill you.

[69Nova]

Thanks for the info guy. I think Monday I'm gonna go find out about small claims court so I can have my plan b ready when the guy doesnt pay up on wednesday. If the owner is there next time I go up there and gets an attitude with me I'm jusy gonna take it straight to small claims court.

I'm also think of writing my local paper. But not sure how I wanna go about that yet.

[MonzaRacer]

Also look on his doors for specific associations he belongs too, especially BBB, MAP, ASE, ASE Blue Seal, ASA, etc.
A certified letter to each about his deplorable actions, and one to local papers and even local prosecutor so they have record of such goings on may give them pause too.

[69Nova]

Thats a good idea.

Well a big suprise he DID NOT pay up yesterday.

Last time when I showed him the estimant he ask me to go to a local shop that he works with for an estimant. So I did. This place was a guys garage behind his house. Long story short I do not like that. I dont like this guy being friends with the painter who would have my car at his house. Also that guy said the price I was quoted was a good deal.

So yesterday the guy who is supposed to pay up tells me I lied to him. He called the shop(house?) and they said they never saw me. I then corrected him and told him exactly what the painter guy said and that I did not liked being called a lier. I also told him we are not trying to get any more out of him than what is needed to fix the car. Then the guy starts in on how my dad came down there and was out of line in front of his customers.

So the deal is the only way he said he will pay is we have to take the car to the place he picked. He kept on going about how he has rights and whatnot.

Everyone in my family is over this whole deal. My dad said he would pay for the repair since he recommended the shop. I feel bad about making him pay but it would be nice to move on. Both me and my fiance have a very busy year ahead of us.

[Droolguy]

I would just show up and tell him that if its going to be like that, then you want to see him in court, and that if it continues to court then you will be asking for not only for the cost of damage, but for the cost of your lawyer as well.

He can either pay out some money or a lot of money, its his choice.