paint peeled off customers car when removing 3m tape! customer is asking to pay for damage

To me it looks like poor prep and a respray before you got your hands on it.

I'm not a professional, but I would think unless she signed a waiver or you discussed and documented with pics the weak paint beforehand your on the hook for the repair.

As for the repaint quote, it does not seem out of line from a reputable body shop. All the supplies, paint primer etc are expensive. My drivers door on my VW just got hit and run, if you subtract off the parts it was about 1,100 in paint work.

Crummy situation to be in, good luck. I hope it all works out.
 
Order a CarFax and see if it shows damage and repair to the front.

Regardless, I think you need to cover it - just to the level it was before. Their quote doesn't seem that high for quality work, but it may be far more than it should cost.

Good luck.

You've got a lot of advice thus far, and even AFTER this reply from Forrest.
But THIS is the best one you have!

Run a CarFax on it, run a CarFax on it, RUN A CARFAX ON IT!!!!!

This will at least give you better information going in as to the state of the paint that you were working with.

This WILL NOT however release you from liability. The paint was there before you got to it, is still there on the rest of the car, and is not there where you damaged it. The fact that you didn't MEAN to damage it has no bearing.

IMHO:
These questions, and many other concerns that have
also been brought-up, should have already been
handed-over to, and already being processed by:
Your Business' insurance agent.

That's the person that you will have designated
as the steward for your Business...Not a bunch
of us well-intentioned "oopsy-daisy-experts"!


Bob

Ooops-daisy runs wild in these hea' parts!:dblthumb2:

That's not to say however that someone that knows how to do a job isn't any better at it than another fella' working at a dealership.

For instance... who here would take there car to a dealership for a "detail", knowing what most of us already do about detailing and paint correction? ;)


I do not understand... Was there damage into the hood? If not, why are they blending into the hood? Couldn't they just blend the fender into itself?

Why are they removing and re-installing the headlight, the bumper, and the grille?

Also removing and installing the fender and fender liner.

Is all that really necessary? Wouldn't they just remove the fender, paint it and re-attach?

What is the RPR? Does that mean repair? Don't get me wrong, it is reasonable for them to prime it, paint it etc., but what are they repairing? Dings dents?

From what I read in the estimate, that's pretty standard. For the work *that they are quoting* the price is in-line. Remembering that shops use a fairly standard software to write their estimates.

Damage to the hood?
NO

Blend the hood?
In a perfect world... YES. Because new paint on THAT fender will show when sitting side-by-side against the old paint on the hood. Therefore, blending and adjacent panel is just something that's fairly standard. On MY VEHICLES it's DEMANDED!

Is it needed to blend the hood in this instance?
Not really, but again.... fairly standard.

R&R the headlight and bumper cover is so they can get around the EDGES of the fender that wasn't painted worth a flying FLIP to begin with. They need to get around the edges, sand, prime, and prep BEFORE painting. Then of course paint it.

Repair - RPR is standard nomenclature for work that is being performed. They are REPAIRING the fender.
The fact that it had been likely previously painted, not to mention the paint care overall has also likely been ignored has nothing to bear on the situation.

Question: How does the paint look on the rest of the car?
Faded, chalky, swirls, dirty, etc?

would you mind explaining how the damage is worth anywhere close to 250 just to touch up? id love to know.

doesnt the fact that the paint was shiny mean it was clear coated? isnt it more likely it just wasnt a solid clear coat?

It's worth what a professional charges for the work being performed.

Are you really saying that unless paint is clear coated it's all satin, dull looking? :eek:
That single stage paint cannot be incredibly shiny, deep, glossy and wet looking? :dunno:


OP:
Bottom line is there are several ways to "repair" the damages that were done. The quickest and cheapest would be to get a local PROFESSIONAL PDR expert to come do it. Those guys repair damage much worse than that every day, all day. Heck, CARMAX has guys on staff that do touchup repairs. I suspect a PDR pro would do it for $150~$200) if not less. (For their regular accounts it'd be probably $50 less than they'd charge you. But you could always offer a 'cash' deal and see if they'd be willing to work with you.)

However.... YES, (although it doesn't seem fair about now), YOU - absolutely - DID - DAMAGE the customers vehicle. Of COURSE you didn't mean to, but you did. That does NOT mean you were negligent however.

It would be interesting reading for you to search out, and study theories in "Good Faith and Reasonable Expectations". Here is a quote from one published document: "Courts frequently use traditional tools of contract interpretation to determine the parties' intent in an insurance policy. The doctrines of ambiguity, adhesion, reformation, waiver, estoppel, and unconscionability are the interpretive tools most often applied to insurance
contracts. 20 However, these doctrines have limitations and cannot be applied in every case
."

This particular document refers to the general public, and how they/we are pretty much forced to settle with insurance coverage as put forth from an insurance company, whether or not we have any idea exactly what coverage we are getting.
Note that ambiguity and unconscionability were used. :rolleyes:

This would be one of those things where a phrase like 'reasonable care' might come into play, even if you DID have insurance. As in, you applied all reasonable care, you did not have any intent, yet damages occurred. Most policies would not pay for damages like this.

Now if you drove the car into your garage wall, or dropped a tool (buffer) on the fender and damaged it that'd be different. But something as benign as painters tape being applied to paint, with the end result being damages such as we're seeing would not be 'reasonable'. (At least to most 'reasonable' people that is.) ;)

We all have those times when unreasonable things happen to reasonable people however. Heck, I had a BMW a while back that the windshield cracked on, just SITTING in my driveway. I'd noted in my inspection however that it had a small chip, right next to the edge of the top, (near the molding). It was a 13 year old car that she was trading in and just wanted to clean it up a bit before trading it in, but honestly wasn't worth what she paid for washing the darned thing! Seats broken, body damage in several places, interior bits missing, broken, etc. Yet with it doing nothing but sitting in the sun after being washed and spray waxed that little chip ended up splitting and turning into a rather nasty 2' crack! Thankfully I'd noted the chip in my detailed inspection, AND I'd gone online and noted hundreds of cases of the same car cracking windshields while parked. ;)

Do take into account however that even if the vehicle HAS been painted before, that the owner may not have known about it. Heck, my wife (CarMomma) is a title manager at one (of only two) of nationwide salvage auctions, that sell cars for dealers and insurance companies after they've been recovered, repossessed, totaled out in accidents. There isn't a year goes by that one of their buyers somewhere around the country isn't involved in selling "salvage vehicles" to the unknowing public that sometimes end up on the news, if not in jail!

And if you want to muddy the waters a bit more. Take a look at this verbiage from Arkansas Law Review.

"The recognition that there is an obligation of good faith in every contract has been regarded as one of the most important advances in contract law in the twentieth century. Nevertheless, a half-century after the doctrine’s incorporation into the Restatement (Second) of Contracts and the Uniform Commercial Code, great controversy and confusion remain about it. Recent articles describe the doctrine as “a revered relic,” “a (nearly) empty vessel,” and “an underenforced legal norm.” A scholarly dispute about the nature of the doctrine framed more than thirty years ago has hardly been advanced, much less resolved. More importantly, although nearly every court has announced its support of the doctrine, often using similar language and familiar sources, many judicial opinions are confusing or confused.

The controversy and confusion stem from a fundamental misunderstanding about the nature of the good faith obligation. That misunderstanding is a belief that good faith is a special doctrine that does not easily fit within the structure of contract law. Indeed, the doctrine is seen as potentially dangerous, threatening to undermine more fundamental doctrines and the transactions that they are designed to uphold. As a result, good faith must be substantially restricted in its application. In particular, the doctrine needs to be closely tied to the terms of the contract, limited to cases in which a party has willfully violated its obligations under the contract, or both.

All of this is wrong. There is nothing special about the doctrine of good faith. It is continuous with the rest of contract doctrine. Although it is distinct from other doctrines, it is only distinct in the same way that the rules about formation are distinct from the rules about consideration. Good faith is simply another embodiment of the basic principle of contract law—the protection of reasonable expectations. The application of that principle through the good faith obligation leads to the proper understanding of the content of the doctrine and a rejection of many of the ways that courts improperly cabin it."

Lots of legal mumbo jumbo for sure. What can I say... I've been the past chairman of our state towing associations insurance committee, then ended up later in life as an Executor of not one, but three estates (which required a crash course in probate law). Then my daughter was pre-law in school, and is now a paralegal. (She's an office manager now however and wanting to go back for her MBA rather than Law School.)

Bottom line is you need to work out a situation with the owner that'll, at the least, placate her.

If the vehicle has been repainted previously, (AND YOU HAVE THE CARFAX TO SHOW IT) they may be glad to have that information. That information is worth the cost, and can also help you to negotiate. Is it clear coated or single stage? Who cares! It's got to be repaired.

BTW, you can test that with a pad and a little compound. ;) Pad stays clean, it's clear coated. Pad turns white, single stage. ;)

End of the day you'll need to compensate her for the damages. Does it have to be to the tune of $850 plus a rental? I'd say not, but that's because I know how to navigate those waters. Does that mean you won't end up paying what she want's? Unfortunately.... that's not a bet I'd be willing to take. :dunno:
 
^ Thanks for the reply but what I dont get it is you mentioned you got out of paying for the ladys car whose windshield cracked while it was in your care. According to your logic, you should have paid for it because "at the end of the day" it was in your care, not hers, but you chose not to because you didnt feel responsible for the damage that had occurred under your care. I guess what youre saying is the court may see it that way at least and still hold me liable.

Also, ive called several bodyshops and all said a carfax would be a waste a money becuase most bodyshops and customers try to avoid repairs being listed on the carfax when possible and most dont get recorded. I dont know if this is true or not but this is what ive heard.

I dont make a lot of money to begin with and the truth is i just cant afford the top dollar repair. If the lady wants to sue me over this then so be it but she will be wasting as much time and money as me in a court when i have already offered a secondary solution. Hopefully this can be worked out reasonably via a touch up job but if isn't adequate enough then i guess theres a good chance i will be in a court battle but we will see. Its been several days and i still havent gotten a reply from my last email.

also thanks for the tip on testing whether its single stage paint or not i will remember that.
 
run your fingers across the edge of the fender by the windshield, if it feels rough its been repainted, or a paint thickness gauge would tell you it was.
 
Someday you may come to understand the differences
between people being classified as a Professional...and
those that are considered to be fly-by-nighters...in any
given occupation/career-field. Or maybe not. :dunno:


Speaking of flying:
I'm outta here.


Bob

Wow. Condescend much?
 
Wow. Condescend much?

I think Bob was rather nice in his reply, the op has no insurance, the paint was there before he worked on it, now he says if he gets sued the owner will get nothing cause he's broke. Whether the paint was a poor re-spray or not his work caused this damage and part of being professional is admitting and fixing these kind of issues. Is it to much to ask when you bring your vehicle in for service that you receive it back the same or in better condition?
 
I must say, I consider myself a professional. In business 5 years, licensed, insured, 100% legit. We all make mistakes as we are all human.

I've damaged customers cars accidently, and have honed up to it. In cases where it was my fault I take responsibility, and in cases where its not 100% my fault i take partial responsibility.

This (almost exact) scenario happened to me. After I noticed a strip of paint missing from around a headlight - I stopped all work, found that my painters tape peeled this customers paint. Inspected the panels better to find that it was indeed a re-spray with SS laquer or something similar. I notified the customer immedietely. Underneath the SS laquer was her previous paint color, no primer. The customer tried to pull one over on me and after i got her to admit it was a sub $1k paintjob from Maaco, i took NO RESPONSIBILITY. I stood my ground and she wound up agreeing with me, and continues to use our service for maintenance washes occasionally.
 
shes got you, this is a tough one ur gonna have to pay,hope at least u have a business license,if she wants to be a hard u know what she can drag u to court now this turns into a criminal thing ,just pay it put it on a credit card or figure something out ,I feel you're pain ,in Florida no liscense it's a felony they do not mess around down here,they won't hesitate to incarcerate you.just pay and learn from it and if u continue get some kind of insurance.good luck
 
Saw pics very bad adhesion,poor prep maybe u should of been a little more conscientious 350 to 450 at most ,paint is not cheap,If you have a liscense to operate this little business,maybe u can retract that estimate, some how ,no liscense you're done she will be compensated by the judge,then he will deal with the fact u have no occupation certificate now ,more money he will impose a fine sorry hope this works out for u.
 
I would just pay for what's damaged ,now this is turning into a front clip repaint.i would seek counsel for a 150.00 see what he or she has to say,or go to court and arbitration this nightmare,
 
^ Thanks for the reply...
but what I dont get it is you mentioned you got out of paying for the ladys car whose windshield cracked while it was in your care.

According to your logic, you should have paid for it because "at the end of the day" it was in your care, not hers, but you chose not to because you didnt feel responsible for the damage that had occurred under your care. I guess what youre saying is the court may see it that way at least and still hold me liable.

Also, ive called several bodyshops and all said a carfax would be a waste a money becuase most bodyshops and customers try to avoid repairs being listed on the carfax when possible and most dont get recorded. I dont know if this is true or not but this is what ive heard.

I dont make a lot of money to begin with and the truth is i just cant afford the top dollar repair. If the lady wants to sue me over this then so be it but she will be wasting as much time and money as me in a court when i have already offered a secondary solution. Hopefully this can be worked out reasonably via a touch up job but if isn't adequate enough then i guess theres a good chance i will be in a court battle but we will see. Its been several days and i still havent gotten a reply from my last email.

also thanks for the tip on testing whether its single stage paint or not i will remember that.

Wow... THAT is what you got out of my reply? Really? :doh:

I never said "I got out of paying for it" (while it was in my care). As if somehow I might have been responsible. Which in that instance had nothing to do with the services we performed.

What I was trying to get across was that in a thorough inspection, I noticed it, noted it on the inspection form, (as we all should) and the customer signed off on having a windshield that was cracked (albeit slightly). Yet that crack was in a high stress point.

Then I did my homework after the crack got larger, further following the CYA approach, showing literally thousands of instances where that car has that problem. That car however had so many problems it was amazing it even made it here! One door didn't even open from the inside! One seat didn't slide. The other seat didn't recline but on one side of the hinge. Imagine not noting the broken door handle, or seat problems and having an owner want you to pay for those as well?

Without a thorough inspection form... I'd have ended up NOT noticing it, and could have been on the hook for a problem that pre-existed BEFORE the car ever came to me.

Although honestly... had she not been trading the car in the next day I'm sure she'd have pushed for me to cover the windshield. H


As for finding out about the numerous windshield problems on those cars. Same thing say if you did a Google search and found that CLK 320's are well known for and well documented to have problems with paint flaking off around the headlights (or sharp edged body lines for instance).

Inspecting, and FINDING resprays isn't that hard. Not all you'll find of course, and some are all but impossible to find
.
But the bad ones... they'll be as obvious as a dancing banana on a street corner. Im the MAN

You surely don't want her dragging you into small claims court. That in and of itself will not cost her much at all, but to be on the losing end you'll end up paying whatever (outrageous) estimate she throws in front of the judge, PLUS court costs.

Your best route about now is to be proactive. I wouldn't be waiting on her to contact me. I'd be contacting her. She shouldn't be feeling like you're waiting on her to go away, or trying to avoid her. (That's just going to get her ire up even more.)

Offering her a secondary solution is great. Perhaps asking her if she minds if the PDR company contacts her directly, what would be a good time, etc. Things like, dealership A, B, C and D all use this company, this company has done XXX thousands of similar jobs, or even I contacted my insurance company and they recommended this company etc. (Or that ALL major insurance companies use this, or similar companies.) You could open, for instance like: "I could have the scheduling coordinator contact you and setup an appointment if that would be ok. They come to you, and can do it at your home or even your office if you like."

Hopefully it'll resolve itself, just make sure you stay in front of it and it most always works out in your favor.
 
I helped a friend do his dodge bumper... We painted HALF that bumper... the half closest to the camera. See your reflection in it?

We painted it with rattle cans! Duplicolor PS2 and UPOL Clear #1

Proud.jpg



If I can do it... you could do it, too.
 
I must have somehow missed the memo...but:
Are you now my manager; and, is your above
retort one of your "coaching moments"?


Bob

I don't think I am qualified to be your manager. But like Nicholas@Autowerx, I, too, did laugh uncontrollably for a few moments. Im the MAN
 
Whenever I read a Bob post I feel like I'm reading haiku. It's probably just the unnecessary carriage returns every few syllables, but it sure does read like Japanese poetry.
 
Yeah, this is a good wake up call to dedicated sideliners that registering a sole proprietorship (and DBA) is just one part of the sideline; getting garage liability and garage keeper coverage on top of a CGL policy is just good business. I should call for some quotes...
 
I have no clue why anyone in this business would not form an LLC under which to conduct their operations. It's just not smart not to do it.

Now, for the OP, the problem here is he has a PR problem. I think his question was how to handle that PR problem.

The way to handle that PR problem is to fix the car to the client's satisfaction, which may not happen. So good luck.

And, yes, general liability insurance would help.
 
Painted this out of a spray can, had the base mixed at napa and the clear is Spraymax 2k clear in a can. 60 bucks later including sand paper it looked like this. It's not perfect but better then some jobs that come out of some bodyshops.
 
Painted this out of a spray can, had the base mixed at napa and the clear is Spraymax 2k clear in a can. 60 bucks later including sand paper it looked like this. It's not perfect but better then some jobs that come out of some bodyshops.

wow that looks pretty damn good. did you respray the entire bumper?
 
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