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      11-04-2013, 12:08 PM   #1
Bubble_Panda
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Unhappy need help

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so the pics tells it all.....

some stupid guy tried to back up and park at a spot next to my car and slam on my right hood...and destroyed my right front...

still not the worse...i was so shocked and made the worse decision of my life ever trusting the tow truck driver who show me a "authorize body shop" licence and tow my car to a body shop in Toronto called Y.R.C.C. (York Region Collusion Centre) when I have absolutely no knowledge that i can actually go to a "certified body shop"...unfortunately they made me sign this f#@#ing paper work and when i learn that certify is better... i even went back 2 days later but they said they have to charge me $7000+ to release the car because they already ordered the parts when the estimator from insurance company didnt even start "estimate"/"inspect" the car yet....

this is back in July...1 week before my wedding...now i had started my new married life with my car STILL sitting at that body shop...called many many times...their reply from "there are some parts are backordered" ...to "the parts are clearing custom"...and now "we are waiting for the radiator"

they know i'm not at fault and my insurance covered it all so I really hope (which i cant help suspecting) they are not trying to keep my car because everyday they charge $100 storage fee to my insurance company...

its almost 4 mths now...and i'm getting more and more frustrated dealing with this body shop...

i know i made a mistake to trust this "authorized" body shop rather than "certified"...i learned my lesson...but anyone can please please please share some opinion on what should be my next step?
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      11-04-2013, 12:09 PM   #2
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sorry the pic file is too big...
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      11-04-2013, 12:17 PM   #3
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An attorney would be helpful in this case. Next time you probably should read carefully before you sign on the paper my friend.
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      11-04-2013, 12:19 PM   #4
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An attorney would be helpful in this case. Next time you probably should read carefully before you sign on the paper my friend.

other than hire an attorney?
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      11-04-2013, 12:28 PM   #5
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An attorney would be helpful in this case. Next time you probably should read carefully before you sign on the paper my friend.
i understand i had made a terrible mistake signing that...but i wants to know are there any ways i can use to find out they are lying or not?

perhaps call Germany to check if the parts are really as they claim "backorder"?

i know it sounds crazy...but i really wants to know if there's anything i could do on my end...thats all...
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      11-04-2013, 12:36 PM   #6
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Did u tell them to order the parts or did they ask your permission to order?
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      11-04-2013, 01:42 PM   #7
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Did you sign a repair authorization at the shop? If not, you aren't responsible for any parts they ordered.

I would like to correct one thing you said. The shop is not charging your insurance company daily storage. They have no contract with the shop. They are charging YOU and I doubt the insurance company will foot the bill if you do decide to move it out of that shop.

You should look into anti-steering laws in Toronto. Certain states do not allow tow companies to offer up a shop to tow it to. We have a huge issue with this in Arizona because there are no anti-steering laws worth anything and the daily storage fees charged by shops are crazy also.

If I were you, I would just have it fixed at the shop it's currently at (this way they won't charge you any fees) and I would triple check the work at the end to make sure everything is 100% to your satisfaction. If it is, then there really is no loss. And even though you insurance company will not certify the work, most reputable shops offer their own lifetime warranty.

I would also ask your insurance company if they see this tow company and shop colluding a lot like this. If they do, let your local consumer affairs office know and they may investigate.
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      11-04-2013, 01:46 PM   #8
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One other thing to consider, if you called your insurance company and used your towing coverage under your insurance policy, the tow company is acting as an agent on behalf of your insurance company and generally can not offer body shops to tow the vehicle too. If you really don't want it fixed at the shop, and the tow company w2as sent by your insurance company, I would have a long conversation with your insurance company about this and then maybe they will pick up the fees. Basically, an authorized agent of theirs recommended you to go to a non-authorized shop under the guise that they are authorized. It's not a fight they want to get into.
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      11-04-2013, 01:49 PM   #9
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What is the paperwork they made you sign?
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      11-04-2013, 02:43 PM   #10
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This all depends on what exactly you signed OP.
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      11-04-2013, 05:20 PM   #11
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What is the paperwork they made you sign?
its the authorization for them to repair my car and order parts
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      11-04-2013, 09:21 PM   #12
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its the authorization for them to repair my car and order parts
Does it say anywhere in there that they are authorized by BMW (Certified collision center) or by your insurance company? If so, (and they are not) it would sound to me like a breech of contract (since you entered the contract under the knowledge that they were certified/authorized)...but I'm no lawyer.

If they said they would bill your insurance, and now are saying you have to flip the bill, I would think thats the same as above, since you signed the contract under the assumption your insurance company would pay the shop directly.

Is your car actually repaired yet? Partially repaired? or not even touched? (and I don't mean their word. Go and see for yourself.)

Also, with the "storage fees": I've usually heard these charged if you cannot pick up the vehicle within a certain time frame (24hrs, 48hrs, whatever) of the work being completed. Check their policy on that. I've never heard of $100/day. Thats insane.
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      11-04-2013, 09:22 PM   #13
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One other thing to consider, if you called your insurance company and used your towing coverage under your insurance policy, the tow company is acting as an agent on behalf of your insurance company and generally can not offer body shops to tow the vehicle too. If you really don't want it fixed at the shop, and the tow company w2as sent by your insurance company, I would have a long conversation with your insurance company about this and then maybe they will pick up the fees. Basically, an authorized agent of theirs recommended you to go to a non-authorized shop under the guise that they are authorized. It's not a fight they want to get into.
Would the same apply if you used BMW Assist and asked them to take it to a collision center? Would the towing company be acting as a representative of BMW? Genuinely curious.
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      11-04-2013, 10:20 PM   #14
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Would the same apply if you used BMW Assist and asked them to take it to a collision center? Would the towing company be acting as a representative of BMW? Genuinely curious.
Yes, same situation. Unfortunately most companies outsource their tow service to a third party which then contracts to towing companies so there is not a lot ofownership. Flow:

-You call a phone number on your BMW towing card
-That number routes you to their third party tow vendor
- That company takes your info and sends one of many of their tow companies they contract with in the area.

The annoying thing is it takes an act of god to get any info about which local tow companies these third party vendors actually contract with. They consider it "proprietary info" so a lot of times won't even provide the info to the insurance companies or car manufactures like BMW.

Regardless of all this, it is still up to the original company to make sure that their third party vendors are following their contract which almost always include an anti-steering provision.

All that being said, if a tow company EVER asks you if you know where you want your car towed (other than their lot) and you say "no" and they offer you a place, NEVER take it. There is ALWAYS something in it for them. Generally a kickback from the shop.

I could speak on this topic for days and ad nauseam as I am very familiar with towing practices, anti-steering laws, and insurance related matters on this subject as I work on a daily basis with both 1st and third party towing claims and litigation but it makes me mad just spewing this stuff outside of working hours
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      11-04-2013, 10:29 PM   #15
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one more thing. If you are involved in an auto accident and the police call out the tow company. NEVER have the vehicle taken anywhere except their tow lot, especially if the vehicle may be a total loss. Police departments have contracts with these companies and since a lot of companies bid, it is usually cheap for an overnight stay at their lot.

As soon as you deviate, you're in for a world o hurt. Example: It's late on a weekday after business hours. The tow company(called out by the police) offers to take your car to a shop that they recommend. As soon as you say "yes" their contract with the police is over. So, they tow your car to a shop that they know is closed at a high fee. They get there and shocker, the place is closed (which they already know). They then tow it back to their tow lot (tow number 2). They keep it overnight at their lot for a large storage charge instead of the contracted rate they had with the police. The next day they bring it to the shop they originally tried to tow it tow (tow number 3 plus gate fees, admin fees, etc.) What would have been a $55 bill had it been towed directly to the tow lot is now a $800 bill. If the vehicle I a total loss, you also are now paying very high storage an admin fees at the shop it's now being stored at as well. Your Welcome
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Last edited by Eric SS; 11-04-2013 at 11:03 PM.
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      11-05-2013, 10:37 AM   #16
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Would it make sense to ask the tow company to tow it to the nearest bmw dealership instead of an authorized or certified shop? I almost had to do this once, and this is the route I took:
- had trouble Sunday night late hours
- called bmw roadside assistance, discussed on the call which bmw dealer to tow it to.
- roadside assistance mentioned the dealership was closed but I'd have to leave it with the after-hours dropoff box and deal with the dealership in the morning
- they sent a tow truck to do that

Luckily in my case it turned out to be a minor issue that the tow truck guy helped with. But if he had not, I'd be dealing with a dealership instead of a shady private shop, right?
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      11-05-2013, 11:07 AM   #17
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Yes, having a tow company sent from BMW tow it too a BMW dealership would be fine. They get after horus drops all the time probably and have a protocol for that.
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      11-05-2013, 11:12 AM   #18
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there has to be some type of limit for the job, I mean at this pace they can hold your car for another 6-12 months ? maybe contact insurance explain the situation and see what they say? maybe they can contact body shop and see what's going on?
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      11-05-2013, 11:19 AM   #19
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there has to be some type of limit for the job, I mean at this pace they can hold your car for another 6-12 months ? maybe contact insurance explain the situation and see what they say? maybe they can contact body shop and see what's going on?
I don't think OP is allowing them to work on the car or they wouldn't be charging storage. My guess is it's just sitting
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      11-05-2013, 11:36 AM   #20
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I don't think OP is allowing them to work on the car or they wouldn't be charging storage. My guess is it's just sitting
On paper, it says the shop is allowed to do the repairs, but if they haven't started yet, why couldn't the OP just walk in and take his car back? No repair services have been rendered, if I'm not mistaken?
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      11-05-2013, 01:43 PM   #21
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On paper, it says the shop is allowed to do the repairs, but if they haven't started yet, why couldn't the OP just walk in and take his car back? No repair services have been rendered, if I'm not mistaken?
You are correct. He can just take his car (in most jurisdictions I should say depending on hostage laws). But if he doesn't pay the storage fees and restocking fees, more than likely they will put a mechanics lien on the vehicle.
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      11-05-2013, 07:14 PM   #22
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You've been scammed. Should have called the police months ago...
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