12-27-2013, 03:27 AM | #1 |
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What are my chances of getting a new one?
Im so pissed off right now and needed advice from you guys. Bodyshop screwed up my car, long story but its unbelievable what i have had to go through.
So around one week after i purchased my brand new 328d an idiot from valet parking hit my cars rear bumper outside a restaurant and flaked the paint and tore a hole in the rear bumper. I spoke to the valet parking owner and he kindly agreed to fix the car at any body shop i wanted, i swallowed my anger and agreed to get it fixed. The first thing i did was contact my local BMW dealer and the sales guy asked the service manager for recommendations on body shops. They gave me two options that they suggest and i chose one of them. I took the car in to one of their recommended places and they suggested the car needed a brand new bumper cover and paint. After a week after i gave them the car they called and said the car was ready. After inspecting it the colour was wrong, they suggested i give them more time. Two full weeks passed and i called them during that period and every time they told me the colour was not matching and they would keep trying. This was enough so I asked my detailer who is an expert on paint and he suggested that i ask the body shop for a new cover and a check to get the work done somewhere else since that cover was probably layered and the paint would chip. After speaking to the manager he asked me for one more day and i decided to give them a chance, i went the next day and the paint match was perfect to my eyes but the bumper had a scratch on the top and on the side and he agreed to fix it but i would have to wait one more day. I finally picked up the car and took it to my detailer to have it glass coated before i left on my trip. Im currently out of the country visiting family and i got the call from him claiming that the idiots from the body shop tried to fool me by blending in the rear quarter panels with paint that went up to the rear doors on both sides (He sent me pics and suggested i take it back before he details it). The idiots also left overspray on the rear wheels and inside the gas filler door on the black plastic. So now i have a car with 500 miles that has been resprayed at least 1/3 and will loose its value dramatically when i try to sell it. I called the manager of the body shop and he admitted that they sometimes do that to blend in the colour but i argued that i was never informed and i would have never authorised them to do this. After almost 1 month of not having my car and getting it backed resprayed with parts that did not need a respray i feel pissed and wanting a brand new car. Anyways my question to you guys specially if there are any lawyers are if i can ask the body shop to replace my car with a new one after their screw up on the basis that my car has lost value, i was never asked if they could respray my quarter panels, total time without a car has been 1 month so far and will probably extend more now that this has happened. Im away from home and my lawyer is out of town but wanted input as to what you guys think i should do. Summary, extra question, and evidence: Bodyshop screw up: -1 month without car -Car went in for a rear bumper replacement job and they ended up respraying both rear quarter panels up to the roof to blend the paint and fool me. -Overspray on inside black plastic of diesel refuel door. Evidence i have: -Paper work -Recorded phone call with service manager admitting they sprayed the rear quarter panels without my consent -Obvious evidence on car Other: -How can i involve my bmw dealer if they suggested the body shop? Not naming the body shop since im giving them a chance to make it up to me, im trying my best to not have to get lawyers involved.
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12-27-2013, 04:49 AM | #2 |
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You've stated that you have / use a detailer. If you'd asked him for a recommendation from him, and the body/spray shop had screwed the job up, would you be trying to put it back on him to change the car for you, or to compensate you for any possible losses ?
If the answer is no, then the same thing applies to the BMW dealer. They gave you options. You chose. |
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12-27-2013, 07:48 AM | #3 |
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You should definitely talk to a lawyer about this. I don't think you can ask for a brand new car, but definitely can try to get reimburse for the loss of value and the lack of vehicle for thae one month it took them. I'm not sure of the feasibility of getting new factory doors or body parts to replace the ones that were repainted.
I wouldn't recommend getting the dealer involved because they offered a couple recommendations that you asked for. Definitely let them know about the poor work and they could likely blacklist that body shop. That whole thing definitely sucks. I would also probably want a brand new car if something like that happened. Good luck with getting this resolved. |
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12-27-2013, 07:53 AM | #4 |
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Your best best would not be getting a new car. You would probably need to get the car appraised to determined the loss of value due to the overspray. Then you could demand that the body shop compensate you for the amount of lost value.
Keep in mind that appraisers are not free. I'm not sure how much luck you would have in recouping the cost of the appraiser. What you could do is estimate the loss in value by using kbb or some other similar car valuation tool and then demand for that amount. If they refuse, then you could tell them that you will get the car appraised and sue them for the loss in value + the appraisal fee + court costs/lawyer fees. FWIW, the fact that the bumper is being replaced/painted already flags the car as being repainted (i.e. loss in value) which the body shop is not responsible for since the valet caused this repair. The body shop would only be responsible for the loss in value due exclusively to the overspray - which may not be all that much more relative to the loss due to the bumper. Just my 2 cents. Good luck! |
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12-27-2013, 08:13 AM | #5 |
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Going trough similar troubles with poor body shop. It was recommended by the dealership to fix my bumper and had excellent reviews online and I think a good reputation overall. But they haven't fixed my bumper right, it's still got some waviness. They said a lot of bumpers aren't perfect from the factory. LOL at the excuses they come up with. The new clear coat has small drips in it, which I had them fix. I can find a couple of minor flaws if I look really hard. At least I don't think they repainted other parts of my car, I actually went to look after seeing your message...
FWIW I think the practice of blending in with a bumper is somewhat common, I wouldn't want it done but I've heard this before. Just as they blend panels together as well. Normally you wouldn't see it but.... You can do a loss of value claim but I've only ever heard of this in the context of auto insurances and it doesn't look like you're dealing with an insurance. You will certainly not get a new car out of this. It's just so hard to find quality workmanship these days, and despite that prices are so high. I feel like most of these people are legally blind yet allowed to work with paint. |
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12-27-2013, 09:05 AM | #7 |
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BMW is not liable in this case, they simply recommended a shop. If you gave the car to BMW and they outsourced the work, that's different.
In this case this is between you and the bodyshop. The problem is that quality of work is subjective. The only things you have going for you is that the body work done essentially reduced the value of your car. That's all you really can collect (if you are lucky). Is the car leased? How long do you typically hold your cars? Make sure you make rational decisions and not emotional. Also, just curious, what color is the car?
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12-27-2013, 10:49 AM | #8 |
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BMW is not painting cars... There is no "BMW" body shop. They are all 100% independently owned. Even "official BMW Collision Centers" as found on BMW's website are independently owned and do work for all car brands.
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12-27-2013, 01:18 PM | #9 | |||
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-Plan on keeping it at least 2-3 years for my wife and maybe more if i decide to keep it and replace the golf and use it as my daily driver. -Alpine white Also anybody think that the body shop should have at least called me to authorise blending on a new car? The blending according to my detailer goes all the way up to the roof.
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12-27-2013, 05:20 PM | #11 |
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White is the hardest color to paint match, which may not be what you would think. It's very dependent on humidity, etc. One of the easiest colors to detail and keep looking great, but the hardest to match. Black on the other hand, looks terrible all the time and shows swirls the most, but is the easiest color to match. Us car guys can't win with any color, really.
At least the car is paid off; it would bother me enough that in that case I would probably just suck it up, take the loss, and rid myself of the car. As for them blending, they should've discussed the exact procedure they were going to use to fix the vehicle (likewise you should also have inquired). FWIW my wife scraped a pole with her rear bumper on her car; all the shops I went to were most interested in disturbing the factory finish as little as possible. I initially thought they would have to paint the entire rear bumper and then blend into the quarter panels, but all the shops I spoke to said what they would do is sand the clear down to base coat on the whole rear bumper, then they actually would only have to lay base on the problem area where my wife hit the pole (maybe 10" x 10"), and then just blend it in with the rest of the base coat already on the bumper, so that all blending and base work was confined to the bumper. Then they would re-clear the entire bumper, which is what was done. Paint match and blending was perfect. Unfortunately it took them 4 times to finish the clear correctly, but that's another story. Too many body shops don't know what the hell they are doing. Bottom line though, they were able to do all blending locally on the rear bumper without repainting the entire thing and having to then blend into other panels. Different body shops may do things differently, but the less the factory finish is messed with, the better IMO. There should've been better communication - probably on both ends - to make sure everyone knew what was going to be done. |
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12-27-2013, 05:23 PM | #12 |
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You want a new car because of this? What is wrong with people?
I love your cars BTW. Saw them in another thread. Awesome cars, you have. Unreasonable guy, you are. |
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12-27-2013, 05:33 PM | #13 | |
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At best, you would likely get diminution in value. Also, read your contractual agreement with the shop before you engage, that may save you some legal fees. To be honest, however, the diminution in value may be, at most, about $1500. Your best bet may to let it go, for your health. As a lawyer, I often ask my clients if it's "better to be right, or be at peace?" |
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12-27-2013, 05:43 PM | #14 | |
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I feel really sorry for the OP. I mean, come on, a few days(!) old car like that, which you like (or even love) so much, you take good care of it. And then some amateurs in a bodyshop mess up half your car... This is for all of us a worst nightmare scenario I think. At least if you damage it yourself you can blame yourself and take the damage financially. But if someone else does it, they should fix it back the way its supposed to. To me that means at least all new factory panels for the ones that where damaged. Maybe even a brand new car.. Good luck to the OP and maybe do get a lawyer involved, I know I would..
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12-27-2013, 08:10 PM | #15 | |
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Most difficult colors to match are pearls (tri-coat, i.e. Mineral White), followed by metallic, then solids (i.e. AW). Bumper damage should ONLY require re-spray of the bumper. No blending, no clear blend to adjacent fenders.... That is, if the shop is knowledgeable.
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Last edited by claykin; 12-27-2013 at 08:16 PM.. |
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12-27-2013, 09:23 PM | #16 |
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^ I am with claykin. I do spray paint from time to time, but I am as amature as it gets and even I was able to do a descent job matching alpine white specifically. The fact that they went on a "blending rampage" is evidence of poor workmanship.
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12-27-2013, 09:31 PM | #17 |
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Wow... horrid situation. I can see this one ending up in small-claims court, though I doubt the settlement would amount to much more than a full re-paint of the entire car.
The expectation of a brand new car is so out of line with reality, it's unreasonable. I suppose this comes from living in America, where people sue each other over any trifling thing, and at times win obscene settlements. And I say that as someone living in America - though I haven't sued anyone. FWIW: many years ago, someone backed into the drivers-side rear quarter-panel of my vehicle. Insurance, adjustor, settlement, body-shop, paint & blend, blah blah blah. On that hunter-green vehicle, which I kept for over 4 years afterwards - I could never tell (& neither could the next buyer). I know that doesn't make your situation better, but my point is that a quality shop should be able to do an excellent job. Good luck! |
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12-27-2013, 10:09 PM | #19 |
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I commend your patience and your professionalism in this. There are many other people that go batshit crazy and you sound like you've done your part reasonably. I on the other hand, after the 2nd screw up, I would be batshit crazy.
Realistically, I think your end point option would be to talk to a lawyer. The problem with that is the cost/value of this. Lawyers are very expensive, some charge up to $500 an hour. What you gain from their help may not equal their costs. That would be my concern. When they got this wrong so many times, i'm not sure how they can make it right now. You're now dealing with hands in 2 peoples' pockets - the valet and the body shop. I would start by going back to BMW, asking their manager to go with you to the body shop to fix this. If they are a BMW certified collision center, the manager of the dealership should be helping you out. Maybe need to get BMW NA involved as well. So sorry about this story, sounds ridiculously frustrating. |
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12-27-2013, 10:36 PM | #20 |
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consulting a lawyer for this is pointless. frankly, the resale value lost won't be worth their time
good luck though, it sucks
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12-29-2013, 12:07 AM | #21 |
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Sorry about it, but if you could not see the blending in the end and only a professnal detailed eye could catch it, my advise is to rest at peace. Who knows what is waiting for that rear bumper in the future.
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