Damage on car after pickup

Marquis 351 · 24-02-2012, 10:48 PM

What are my rights if I have left my car in for repair and I have picked it up after hours damaged?

4vdean · 24-02-2012, 10:52 PM

What level of damage ? Minor, major ?

**Revolver** · 24-02-2012, 10:54 PM

Yeah. Pics?

Marquis 351 · 24-02-2012, 11:30 PM

[QUOTE]No pic as yet. Story is I am a Panel beater. I am very fussy about my car. I wash and detail my car every weekend I washed and polished the ca on sunday last week. I know every mark on the car. Now the a/c had been playing up. The car had been booked I to the local a/c rad shop. And they had repaired it and I wasn't able to pick the car up until that evening after the shop had closed. The car was left in the car park and on pick up I notced the drivers door had need stoved in to the point the introusion bar was pushing on the outer skin. I rang the bloke today during hours and explained I had detailed the car on Sunday left it to him Monday and picked it up on Thursday (after hours) and it was rooted. He obviously said it wasn't damaged while he had it. He has since gave me my bill for $520. To alertly pay at my conveanance. But I I've priced what needs done to my car to have it repaired and it totals $1200

gtxb67 · 24-02-2012, 11:54 PM

when was it damaged - during business hours or after hours
did you agree to it being left out after hours

if you agreed for it to be left out after hours and you cannot prove the damage was done by them, i don't think you have many options

i would ring consumer affairs and see what they think

ConradP · 24-02-2012, 11:56 PM

Any cctv that may have been watching the car park?

blueprinted_xr · 25-02-2012, 12:24 AM

Quote:

Originally Posted by gtxb67

if you agreed for it to be left out after hours and you cannot prove the damage was done by them, i don't think you have many options

I would have to agree with gtxb67 on this, if you have agreed to pick the car up after hours, and that the car was to be left in an open carpark, theres not much you can do. There is every chance that it was another customer picking up their car that caused the damage and not the a/c shop staff themselves.

svo supporter · 25-02-2012, 01:51 AM

Being left in a carpark, after the business had shut, I doubt you'll get anywhere with the business, IF they did damage it. They'll just claim, it was good when we locked up and left.

BPXR6T · 25-02-2012, 02:01 AM

I had my XR8 ute serviced at a Ford dealer. Got home and found damage. To top it off I got the idea they had used it as the shop ute for the day as I was also down 3/4 a tank of fuel. The dealers attitude was basically prove it. Not much I can do other than bad mouth the dealer at every opportunity I get.

The Yeti · 25-02-2012, 08:44 AM

Mate most work shops will let you know if they damaged your car (it happens its part of life) I assume as a pannel beater you took it to some one you know through the trade for this repair? is this person that shady that you think they would damage your car and play dumb?

if the repair has been carried out you own the $$$$ the damage is a different issue,but I think your just going to have to claim it on your insurance

Yellow_Festiva · 25-02-2012, 11:27 AM

Quote:

Originally Posted by The Yeti

Mate most work shops will let you know if they damaged your car (it happens its part of life)

Quite the opposite actually. MOST shops will hope you don't find the damage till a week down the track and not put 2 and 2 together. I have changed workshops 3 times because of this very issue.

Quote:

Originally Posted by BPXR6T

I had my XR8 ute serviced at a Ford dealer. Got home and found damage. To top it off I got the idea they had used it as the shop ute for the day as I was also down 3/4 a tank of fuel. The dealers attitude was basically prove it. Not much I can do other than bad mouth the dealer at every opportunity I get.

This is more inline with what MOST shops will do. Deny, deny, deny. When you got a workshop of blokes saying they didn't do it and you saying they did all you can pretty much do is not return.

We are talking about small stuff here, scratches, scrapes, 'carpark dings' etc. Stuff that isn't obvious right away...

On the other hand, when something big happens they can't weasel their way out of it for obvious reasons... Mum went to get a new battery installed by a large reputable place and I called them to accuse them that they had infact installed the worng battery design. They assured me that isn't the case as they are 'professionals'..

When I asked why the terminals have arc welded themselves to the bonnet, resulting in a severe engine bay fire 2 days after the install they changed their tune... You bet they claimed responsibility and fixed it then......

falconnut · 25-02-2012, 12:33 PM

Ring up ACCC immediately, its obvious someone took your car for a joyride op.

You can prove it with the tank of fuel used and KM on the clock

Yellow_Festiva · 25-02-2012, 01:01 PM

Quote:

Originally Posted by falconnut

Ring up ACCC immediately, its obvious someone took your car for a joyride op.

You can prove it with the tank of fuel used and KM on the clock

You can certainly allege / suggest it but certainly not prove it.

Marquis 351 · 25-02-2012, 01:13 PM

I do feel I don't really have a case. As I did tell them to leave it in the car park. While I could'nt pick the car up untill the late afternoon. I called the shop owner and explaned my findings and he said the car was fine while they had it. I quoted it up today and the damage bill is $1101.55. I wasn't to far wrong. That's using a new door skin.

blackf6 · 25-02-2012, 01:18 PM

Well lucky your a panel beater then mate.

The Yeti · 25-02-2012, 01:49 PM

Quote:

Originally Posted by Yellow_Festiva

Quite the opposite actually. MOST shops will hope you don't find the damage till a week down the track and not put 2 and 2 together. I have changed workshops 3 times because of this very issue.

This is more inline with what MOST shops will do. Deny, deny, deny. When you got a workshop of blokes saying they didn't do it and you saying they did all you can pretty much do is not return.

We are talking about small stuff here, scratches, scrapes, 'carpark dings' etc. Stuff that isn't obvious right away...

On the other hand, when something big happens they can't weasel their way out of it for obvious reasons... Mum went to get a new battery installed by a large reputable place and I called them to accuse them that they had infact installed the worng battery design. They assured me that isn't the case as they are 'professionals'..

When I asked why the terminals have arc welded themselves to the bonnet, resulting in a severe engine bay fire 2 days after the install they changed their tune... You bet they claimed responsibility and fixed it then......

May be I owned the wrong type of shop

Yellow_Festiva · 25-02-2012, 02:51 PM

Quote:

Originally Posted by The Yeti

May be I owned the wrong type of shop

No... you were one of the few that did the right thing by its customers it seems. Which is why I used the word 'most'.

Look what happened to the OP, called to question the damage and they denied all knowledge of it. Not saying who is right or wrong as I wasn't there but I wonder what the tune of this thread would have been had the OP collected the car from the premisis during the hours of business.

We will never know of course.

335POWER · 25-02-2012, 02:57 PM

While the car was in their possession, any damage done is their responsibility.

svo supporter · 25-02-2012, 03:51 PM

Quote:

Originally Posted by Troy23

While the car was in their possession, any damage done is their responsibility.

The owners had left the premises, therefore the owner holds no responsibility.

Now, put the shoe on the other foot. You are the business owner. If someone drops their car off for some repairs and then picks it up. The next day, they call in (either phone or person) and claim you smashed their door, or scratched their bootlid, and you know damn well you didn't do any of that what would you do? Apologise and repair it out of your pocket? Don't think so....if you did, you'd soon end up out of business, as you'd have all sorts of people claiming you wrecked there car, when in fact you didn't.

335POWER · 25-02-2012, 04:00 PM

Doesn't matter if the owner left the premises. While the car was on his premises, he is responsible for it. Whether he or his staff damaged the car or not doesn't matter, the damage was done on his premises. If they did do it, they should damn well own up to it. If they didn't, apologize, repair the damage, and bloody amp up security.

And yes, if I was the owner of the business, either way, I would repair the damage. Also, I would be going over the car with the owner when they initially drop it off, any damage done before drop off is noted, therefor the owner of the car can not claim the damage was done by the work shop

falconnut · 25-02-2012, 06:46 PM

Cant you put it on your insurance Op?

GTpilot · 25-02-2012, 07:02 PM

Moral is..
Never, ever drop off or pick your car up after hrs without a key hand over. you certainly leave yourself open to anything happening.
And when you do pick it up, check it over top to bottom. Once you drive off, there is no recourse.

pottery beige · 25-02-2012, 07:47 PM

Quote:

Originally Posted by falconnut

Ring up ACCC immediately, its obvious someone took your car for a joyride op.

You can prove it with the tank of fuel used and KM on the clock

huh....

pundit · 25-02-2012, 07:57 PM

Quote:

Originally Posted by falconnut

Ring up ACCC immediately, its obvious someone took your car for a joyride op.

You can prove it with the tank of fuel used and KM on the clock

Cool story bro, needs more proof!

10/10 thinking up a good post made me laugh.

BRUTE260 · 25-02-2012, 09:03 PM

Quote:

Originally Posted by BPXR6T

I had my XR8 ute serviced at a Ford dealer. Got home and found damage. To top it off I got the idea they had used it as the shop ute for the day as I was also down 3/4 a tank of fuel. The dealers attitude was basically prove it. Not much I can do other than bad mouth the dealer at every opportunity I get.

Exact same thing happened to me.. ****ed me right off.. Especially when there were chunks taken out of my hard cover.. Won't be going back there..

I have since fixed it.. But still, not the point.

svo supporter · 26-02-2012, 03:28 AM

Quote:

Originally Posted by Troy23

Doesn't matter if the owner left the premises. While the car was on his premises, he is responsible for it. Whether he or his staff damaged the car or not doesn't matter, the damage was done on his premises. If they did do it, they should damn well own up to it. If they didn't, apologize, repair the damage, and bloody amp up security.

And yes, if I was the owner of the business, either way, I would repair the damage. Also, I would be going over the car with the owner when they initially drop it off, any damage done before drop off is noted, therefor the owner of the car can not claim the damage was done by the work shop

Excellent in theory, but in real life it's a no go.

There are plenty of clowns out there that would gladly try and rip some honest business owner off, for damages the car owner caused, by claiming business did it.

I've seen it before and I'm sure I'll see it again.

And I'll re-iterate. The business holds no responsibility for cars left on their property being damaged after hours.

ChRiDDa · 27-02-2012, 10:27 PM

good luck mate, but i doubt you'll get anywhere - it would be up to you to PROVE that the car was left in their care, undamaged, and that it was returned damaged - going to be very difficult, if not impossible to prove - if there's cctv around, chances are its been made to "disappear" & I highly doubt the shop owners going to fess up to damaging it

best you might do is some "hush money" where they give you a small amount to keep you quiet

chamb0 · 27-02-2012, 10:52 PM

"Ring up ACCC immediately, its obvious someone took your car for a joyride.

You can prove it with the tank of fuel used and KM on the clock"

Quote:

Originally Posted by pundit

Cool story bro, needs more proof!

10/10 thinking up a good post made me laugh.

I think poor old falconnut was just getting confused with a diff post (#9)

ratter · 27-02-2012, 11:04 PM

If the business owner is left to be responsible for a car left out after hours so the owner could pick it up, I gaurantee you he will not leave any more out, the owner will have to get there during working hours to pick it up, whether it takes him an extra day or week to be able to get there.

JC · 27-02-2012, 11:05 PM

Quote:

Originally Posted by svo supporter

Excellent in theory, but in real life it's a no go.

There are plenty of clowns out there that would gladly try and rip some honest business owner off, for damages the car owner caused, by claiming business did it.

I've seen it before and I'm sure I'll see it again.

And I'll re-iterate. The business holds no responsibility for cars left on their property being damaged after hours.

Not only that, most car parks have signs saying any damage to your car in the car park is your responsibility, not theirs.

I don't think the OP has a leg to stand on - I'd say he's been the victim of random vandals - unfortunately, it's the way of the world.