Paint shop mishap w/hardtop

[Ottomotion]

Got a call from the paint shop today....

Good news-Your top is done.

Bad news-The glass guy broke the glass.



They have to order a new one, from Porsche and it has to ship from Germany....it should be ready in about a month.

The guy said the glass co will pay for half and we will work out the other half somehow with the final bill.

After I hung up, I started thinking...surely he's not suggesting somehow I will have to pay for anything dealing with this mishap?

Anyone have any experience like this? Thoughts?

[Racer Boy]

Youi shouldn't have to pay for anything, through no fault of yours, they damaged your vehicle. Any lawyer or court wouldn't dispute this.

[jmitro]

agreed. stand your ground

[Geof3]

No chance would I pay for their mess up. That’s on them 100%... no discussion.

[rfuerst911sc]

Here's the way I would push to get it done , let's say the glass repair is 1K . The glass company pays 500.00 and your final bill to body shop is reduced by 500.00 . The body shop has to cover anything the glass company won't that's why they have insurance . Good luck .

[Starter986]

You're in Cali?

If you find the circumstances challenging... feel free to connect with me (PM). I'm not an attorney... I play by different rules... and my "consumer advocacy" correspondence 100% have met with success, in favor of my clients.

Gratis. Complimentary.

Good luck!

[maytag]

Originally Posted by Starter986

You're in Cali?



If you find the circumstances challenging... feel free to connect with me (PM). I'm not an attorney... I play by different rules... and my "consumer advocacy" correspondence 100% have met with success, in favor of my clients.



Gratis. Complimentary.



Good luck!

Hmmmm...... this sounds like my "collections department"..... baseball bats and ski masks?

Sent from my SM-G930T using Tapatalk

[Ottomotion]

Probably just my immediate emotions reading too much into his statement. After having a chance to decompress a little, I'm sure they have insurance for this sort of thing. The cost of doing business...loose on this one, get it back on the next one, etc...
The shop has been in business since 1958 and that's one of the reasons I went with them.

If for some reason they do try and pull something, I will small-claim them....

Thanks for all advice and 'consumer advocacy' suggestions

;-)

Otto

2003 Boxster S
1939 Ford DeLuxe Coupe w/392 Hemi
1984 Suby Vanagon Westfalia

[JBauer]

Originally Posted by Ottomotion

Probably just my immediate emotions reading too much into his statement. After having a chance to decompress a little, I'm sure they have insurance for this sort of thing. The cost of doing business...loose on this one, get it back on the next one, etc...
The shop has been in business since 1958 and that's one of the reasons I went with them.

If for some reason they do try and pull something, I will small-claim them....

Thanks for all advice and 'consumer advocacy' suggestions

;-)

Did you ask them to remove the glass? Having had many windshields pulled over the last 35yrs in the car business. The first thing all glass companies tell you is it may break. If so they don't pay a cent. I'm surprised they offered half. I would like to have my rear window removed to clean up my sloppy caulking job but I've been told by 2 glass companies that it might break and if it does sorry. I bet they expect you to pay the other half. They will say"you told us to remove it". Hope I'm wrong. Good luck.

[Ottomotion]

They told me they were going to pull the glass and that's one of the reasons the price they quoted me was on the high side. I did not ask them to. I was kinda glad it was their suggestion and felt it was due to their drive to want to do a good job.
Nothing was discussed about what could happen if the glass broke. If they had said something about that, I would have said just tape it off...
What JBauer describes is common practice and one of the reasons I suppose I am a little concerned...but like I said, he said glass Co was paying half meaning they are half liable (not sure if that's the correct term)...and someone else would be the other half....and it ain't me.

[JBauer]

If that's the case you may be good. I had my factory hardtop painted a couple years ago and the first thing they told me was about the window. I told them to curl the rubber and it was fine. I say someone screwed up but it wasn't you👌
Again, Good Luck.

[Cunningr]

Sucks, but I suggest they clarify on the billing and get it sorted out now. I dont see how they expect you to pay but any reference to work out in final bill sounds like either they want you to share cost or they will pay and cut you a discount due to blowing the deadline and causing a month delay.

Good luck.

[Starter986]

Originally Posted by maytag

Hmmmm...... this sounds like my "collections department"..... baseball bats and ski masks?

Sent from my SM-G930T using Tapatalk

Jr. Louisville Slugger and welding mask equivalent.

[thom4782]

You're entitled to the value of your top before the glass broke. They can either replace your top with an equivalent used one or you'll likely be liable for the incremental cost between the new top's value and the old top.

This rationale is the reason why you don't get a new car when your car is totaled in an accident. The negligent party only owes you what the value of your car was before it was damaged.

[JBauer]

Originally Posted by thom4782

You're entitled to the value of your top before the glass broke. They can either replace your top with an equivalent used one or you'll likely be liable for the incremental cost between the new top's value and the old top.

This rationale is the reason why you don't get a new car when your car is totaled in an accident. The negligent party only owes you what the value of your car was before it was damaged.

They owe him a new top because his window got broken?

Must be a California law. 🙄

[Starter986]

Originally Posted by JBauer

Must be a California law. ��

If it isn't law now, it will be. Thanks.

[thom4782]

I don't know if its a California law or a law anywhere else.

t's pretty simple really: the goal of awarding damages is to put the harmed party back in the same position - not a better position - they were in before the damage occurred. For example, it the shop destroyed a customer's top worth $500, then it owes the $500 either in a replacement top worth $500 or in money. The shop's not obligated to pay more then $500.

Do believe this? Well, why do you think insurance companies can replace damaged parts with used parts and avoid having to install new parts. It because used parts can restore the damaged property to is value. If the courts typically awarded the price of new parts in settling claims, this issue would have been litigated long ago in the favor of new parts for the owner. I'm pretty sure it hasn't worked out that way. The only way I see it turning out otherwise is if the shop were gross negligent and that would be very difficult to prove when glued-in glass is involved.

[JBauer]

OK now I agree. They may owe him a rear window.

Your earlier post said he should get a new top

[stomachbuzz]

Originally Posted by JBauer

OK now I agree. They may owe him a rear window.

Your earlier post said he should get a new top

I'm not sure what you're missing here...

If the shop can't figure out a way to replace the window, then the only remaining option is to replace the entire hard top.
The window is a large, integral part of the hard top.

I suppose there's a semi-intermediate option of reimbursing, or paying out, the cost in damages to the window - or what it would cost for someone else to replace the window, but I see this as equivalent as replacing the window.

If you can't fix it...then you must replace it.

This is exactly how all insurance works. If you hit my car, you must fix it. If you can't fix it (or if the cost of the fix exceeds a certain amount) then you must buy my car for the value pre-collision.

[JBauer]

Originally Posted by UPSETstomachbuzz

I'm not sure what you're missing here...
.

LOL You're not sure what I'm missing??

Why don't you try reading the original post before you say Im missing something. 🙄 They ordered him a window from Porsche.