Dealership Scratched My Explorer while in Service

[Squirty]

Dealership Scratched My Explorer while in Service. My local dealer usually fills out a damage card for each vehicle intake. No damages were recorded when I brought my car in. When I went to pick it up, there was a foot long scratch on it and quite deep. Before driving off, I showed them the scratch and took pictures.

Was wondering if anybody has experienced this kind of stuff while their car was in service and what options I have?

They have semi-admitted scratch and had an outside company attempt to repaint it (They said they were doing me a favor by repainting it although no one could confirm that it happened at their shop) . Unfortunately, the paint job was terrible (lot of bubbles, fish eye and paint dripping). Now they want me to bring the car in to have them repaint it.

As you might imagine, I don't trust this outside company to do a good job and would like to take it to a shop of my own choosing. I brought up the idea and they said they can only provide service through their partner.

My question is, is it possible for me to take them to small claims court and get the money this way to repaint the vehicle? I had already taken the vehicle to 3 shops to get 3 different estimates before the paint job was attempted.

If I can sue the dealership, how do I do that? Who would I sue and to what address? Thanks for any help in advance. Never run across this problem before.

 

[virtual]

FWIW my initial reaction is that "at least the dealership is trying to make this right". Given the circumstances they probably could have denied that they had anything to do with the scratch, and irrespective of your own certainty that they caused it, unless you could prove it, there probably wouldn't be much you could do about it. My guess if you had taken them to small claims court for the problem and they contested that they were responsible you probably would NOT have won. Court is all about evidence..

Also, given the fact that have subbed out the repair, means you can't initially blame the dealership for a crappy job on the repaint. But you absolutely deserve to be happy with the repair, so if they can't get it right on the 2nd time then you should continue to insist that the scratch be repaired correctly at their cost. The dealership should also be offering you a loaner, while your car is being repaired so that you are not inconvenienced. Many places will now offer a "lifetime" warranty on these kinds of repainting repairs, and you should check and see if the place that fixed the scratch offers this type of warranty (in writing!). If they don't, then maybe you don't want your scratch repaired there!

It's unfortunate, and a real pain in the #^$^ when these things aren't done right the first time, but it does happen all to often. My suggestion is to not overreact, and give them a chance to solve the problem. I doubt the dealership in question would continue to use this particular paint shop if they always did crappy work, so hopefully they will do better on the 2nd try. If they don't, rather than take them to court I'd try contacting your insurance company. That's what they're for, and insurance related repairs usually are warrantied for life. At this point since the dealer has already agreed to fix the scratch for you it makes them appear to be responsible for the damage, so I wouldn't think it would be anything that would impact your rates, etc.

 

[Squirty]

FWIW my initial reaction is that "at least the dealership is trying to make this right". Given the circumstances they probably could have denied that they had anything to do with the scratch, and irrespective of your own certainty that they caused it, unless you could prove it, there probably wouldn't be much you could do about it. My guess if you had taken them to small claims court for the problem and they contested that they were responsible you probably would NOT have won. Court is all about evidence..

Also, given the fact that have subbed out the repair, means you can't initially blame the dealership for a crappy job on the repaint. But you absolutely deserve to be happy with the repair, so if they can't get it right on the 2nd time then you should continue to insist that the scratch be repaired correctly at their cost. The dealership should also be offering you a loaner, while your car is being repaired so that you are not inconvenienced. Many places will now offer a "lifetime" warranty on these kinds of repainting repairs, and you should check and see if the place that fixed the scratch offers this type of warranty (in writing!). If they don't, then maybe you don't want your scratch repaired there!

It's unfortunate, and a real pain in the #^$^ when these things aren't done right the first time, but it does happen all to often. My suggestion is to not overreact, and give them a chance to solve the problem. I doubt the dealership in question would continue to use this particular paint shop if they always did crappy work, so hopefully they will do better on the 2nd try. If they don't, rather than take them to court I'd try contacting your insurance company. That's what they're for, and insurance related repairs usually are warrantied for life. At this point since the dealer has already agreed to fix the scratch for you it makes them appear to be responsible for the damage, so I wouldn't think it would be anything that would impact your rates, etc.

Thanks Virtual for your reply!

I thought I'd post on the forums so I could get other 3rd party opinions on the situation. As you might imagine, I am pretty upset that my vehicle is no longer in pristine condition.

In regards to fault, my local dealership does a walk-around every time a vehicle is dropped off. If there are scratches or dings then they are marked similar to that of a car rental agency. The service technician did the walk around and made no marks. The scratch when I received the car was over a foot long and was instantly noticeable. It would be impossible for the technician not to notice on a walk around.

As far as your suggestions, I don't feel like I should be forced to get the repair done at an inferior body shop. It's not even a real body shop. They come on site to do repairs / paint touch ups. Not only was the job done poorly, but the paint they used did not match the original paint in terms of shine (Candy Red). There was also paint overspray on the black part of the bumper. It was obvious that the bumper had not been removed to do the spray. I also do not feel I should have to bring it through my own insurance to fix their problem.


Who knows, perhaps I am over reacting. I feel like I've already given them a chance to make things right and since they refuse to let me take it to a reputable body shop, I have no choice but to take them to small claims court.

Perhaps others could chime in as well?

 

[virtual]

Thanks Virtual for your reply!

I thought I'd post on the forums so I could get other 3rd party opinions on the situation. As you might imagine, I am pretty upset that my vehicle is no longer in pristine condition.

In regards to fault, my local dealership does a walk-around every time a vehicle is dropped off. If there are scratches or dings then they are marked similar to that of a car rental agency. The service technician did the walk around and made no marks. The scratch when I received the car was over a foot long and was instantly noticeable. It would be impossible for the technician not to notice on a walk around.

As far as your suggestions, I don't feel like I should be forced to get the repair done at an inferior body shop. It's not even a real body shop. They come on site to do repairs / paint touch ups. Not only was the job done poorly, but the paint they used did not match the original paint in terms of shine (Candy Red). There was also paint overspray on the black part of the bumper. It was obvious that the bumper had not been removed to do the spray. I also do not feel I should have to bring it through my own insurance to fix their problem.


Who knows, perhaps I am over reacting. I feel like I've already given them a chance to make things right and since they refuse to let me take it to a reputable body shop, I have no choice but to take them to small claims court.

Perhaps others could chime in as well?

I didn't mean to imply that you were over reacting, I think was really trying to say: step back and don't respond in anger! I'd also be very pissed if I was in your position, and I would not settle for a half arsed repair either. So I totally sympathize.

Even if you do take 'em to court it will probably take a while before you get your hearing, and between now and then what ya gonna do? You could get the repair done properly yourself, and take the risk that court may not go your way? You could do nothing and wait? You could let them have another attempt at doing the repair properly? You could threaten them that unless they do it right, you'll take them to court (they may or may not care?).

I went to small claims court once, and it wasn't at all what I thought? There was a very grumpy judge who was obviously sick and tired of hearing peoples BS stories (and there were many BS stories). There were a number of little guy versus company lawyer cases that tended to not go well for the little guy, and in general the case only went well for the plaintiff who had clearly already tried all forms of reasonable resolution against a defendant who obviously was being unreasonable. That's why I suggested that you try and give them another chance to do the repair right.

But you're right. Hopefully someone else will chime in and give you some better advice. Whatever you do. Good Luck!

 

[boominXplorer]

Just keep taking it back till they make it right to your liking. You might have to be that persistent PITA guy but they will have no choice to make it right.

 

[EGUY4]

I had the same experience at a body shop recently where my car came out with a noticeable scratch it didn't go in with.

Some people do not notice anything about their car, others notice everything.

I long ago if I had to drop my car off anywhere for any work made it a habit of walking around my car to take note of any and all scratches and told them I was doing so.

I have taken my 2014 Explorer twice to the dealership for minor issues.
The 1st one was an accent light out on the passenger door.

I noticed one or 2 days after the work was done that the interior door handle had been damaged during the work as I had not taken it anywhere else.

The service tech at the dealer gave me no problem when I showed her the damage and ordered me a new handle.

It all depends on the dealer and the damage.

Good luck.