Finally getting my truck painted (a horror story)

[Core-Lokt]

I don't think that should be an issue here^^
It's not an insurance claim therefore they can't or shouldn't total it.
The OP just want his paint job done right therefore if the shop owner couldn't do the job correctly the OP wants to take it to a more reputable shop having the shop owner pick up the tab for a job they couldn't do right.

Regardless of how much he paid or not he was quoted a low price but that doesn't mean the shop has to do a crappy job like they did to his truck.

This looks like an interesting case

Understood, but isn't the guiding principle to "be made whole", as in to compensate for the damage? Look at it like this; the truck had a crap paint job and still has one. In this instance, if the shop refunds all allowed costs, OP is essentially where he started-in need of a paint job. However, if you argue that the shop's work made a subsequent re-paint more difficult, there's that to consider. IANAL but I kinda think a full refund is probably about the extent OP will prevail.

 

[lonestar21]

Understood, but isn't the guiding principle to "be made whole", as in to compensate for the damage? Look at it like this; the truck had a crap paint job and still has one. In this instance, if the shop refunds all allowed costs, OP is essentially where he started-in need of a paint job. However, if you argue that the shop's work made a subsequent re-paint more difficult, there's that to consider. IANAL but I kinda think a full refund is probably about the extent OP will prevail.

Yea your right, judge might have the shop refund amount paid plus maybe fees or have shop make things right by doing it the right way. If they refund him then it can become the OP decision to go somewhere else and pay whatever it cost.

I think it's all going to come down to who gets to fight this better (documents.etc)

 

[JPT]

I don't think that should be an issue here^^
It's not an insurance claim therefore they can't or shouldn't total it.
The OP just want his paint job done right therefore if the shop owner couldn't do the job correctly the OP wants to take it to a more reputable shop having the shop owner pick up the tab for a job they couldn't do right.

Regardless of how much he paid or not he was quoted a low price but that doesn't mean the shop has to do a crappy job like they did to his truck.

This looks like an interesting case

I believe it is the case. A judge will not give him more than:

1. A refund
2. Cost associated with additional expenses because of the botched job (rentals, legal fees, lost of wages)
3. Additional money required to repaint (as long as it does not pass the fair value of the vehicle)

If the new paint job is more than the value of the vehicle, the judge will order a totaling of the vehicle. One will not benefit from a lost like this, just get money back, and up to the value of the vehicle.

Now... If one can show pain and suffering (doubt it), there could be money involved in that.

 

[usocazy]

Now... If one can show pain and suffering (doubt it), there could be money involved in that.

What if I told the judge that the paint shop owner really hurt my feelings. [emoji12]

 

[JPT]

What if I told the judge that the paint shop owner really hurt my feelings. [emoji12]

Add me to it. I feel so much pain by this story, that I can't... I just can't... Deal...

 

[Core-Lokt]

I believe it is the case. A judge will not give him more than:

1. A refund
2. Cost associated with additional expenses because of the botched job (rentals, legal fees, lost of wages)
3. Additional money required to repaint (as long as it does not pass the fair value of the vehicle)

If the new paint job is more than the value of the vehicle, the judge will order a totaling of the vehicle. One will not benefit from a lost like this, just get money back, and up to the value of the vehicle.

Now... If one can show pain and suffering (doubt it), there could be money involved in that.

Bexar County caps small-claims at $10K, so that estimate is 73% of that. Doesn't leave much for legal representation (if used) and incidental expenses, let alone anguish and punitive remediation, if applicable.

What I wonder is this is if the judge would ask for multiple estimates and take the middle amount. I also wonder if the shop owner should offer to buy the truck if the OP's best-case scenario plays out. And by that, I don't mean after an adverse judgement the owner says "hey, about that truck-I'll give you the (say) fair-market value of $4K", but rather the "judgement price".

Say the truck is worth $4K. The new paint job won't add the $7,300.00 cost to the current value, but let's say it makes 10% of that above the value of a similar truck with decent paint. So, we're at ~$4,700.00 and the cumulative costs to the shop owner is his previous labor and materials (lol) and the judgement.

It makes sense for the shop owner to offer to buy the truck at the judgement price. OP ostensibly walks with a profit over fair-market value + the 10% bonus valuation over comparable trucks and gets another. Owner gets something to mitigate his deserved loss.

BTW, don't mistake this as sympathy for this ****** shop owner. I'm on OP's side and if it went down perfect, he could pay back some of the BS by refusing this scenario. It just seems smarter for the owner to throw that on the judge in event of loss.

 

[Rado]

I wish you the best of luck.. Hope you nail their butt to a tree in court

 

[usocazy]

Bexar County caps small-claims at $10K, so that estimate is 73% of that. Doesn't leave much for legal representation (if used) and incidental expenses, let alone anguish and punitive remediation, if applicable.

What I wonder is this is if the judge would ask for multiple estimates and take the middle amount. I also wonder if the shop owner should offer to buy the truck if the OP's best-case scenario plays out. And by that, I don't mean after an adverse judgement the owner says "hey, about that truck-I'll give you the (say) fair-market value of $4K", but rather the "judgement price".

Say the truck is worth $4K. The new paint job won't add the $7,300.00 cost to the current value, but let's say it makes 10% of that above the value of a similar truck with decent paint. So, we're at ~$4,700.00 and the cumulative costs to the shop owner is his previous labor and materials (lol) and the judgement.

It makes sense for the shop owner to offer to buy the truck at the judgement price. OP ostensibly walks with a profit over fair-market value + the 10% bonus valuation over comparable trucks and gets another. Owner gets something to mitigate his deserved loss.

BTW, don't mistake this as sympathy for this ****** shop owner. I'm on OP's side and if it went down perfect, he could pay back some of the BS by refusing this scenario. It just seems smarter for the owner to throw that on the judge in event of loss.

Yep - Bexar County small claims limit is, in fact, $10k.

I plan on getting a couple more quotes that run from $4k - $6k to cover the estimates that I was receiving before deciding on this shop.

Reality, I only expect to get my money back ($2200) and be done with it.

No way I'm going to have my truck deemed "a total loss" and have to turn it over to either the court or the messed up shop that did the work.

 

[Core-Lokt]

Good luck in court and keep us posted.

 

[Demon-HeMi]

Yep - Bexar County small claims limit is, in fact, $10k.

I plan on getting a couple more quotes that run from $4k- $6k to cover the estimates that I was receiving before deciding on this shop.

Reality, I only expect to get my money back ($2200) and be done with it.

No way I'm going to have my truck deemed "a total loss" and have to turn it over to either the court or the messed up shop that did the work.

im with you, no way would I take a total loss of the truck and turn the truck over, you started with bad paint and can end with bad paint but regardless if the truck runs good, no need to have to find another vehicle over bad paint, id expect money back for what you paid them, lost time/wages, and something for the damages done to the truck in the sense of them making it now 5x harder for the next place to repaint the truck, I don't see them paying for another place to fully repaint the truck but you are entitled to more than just a refund for sure

 

[Demon-HeMi]

I just went back and looked at the pix, given the now condition of the paint on the truck, and the fact that its in such bad shape now and in many peoples eyes its not worth fixing because of value and that its not a show truck, but going on that, id go to a shop and just bed line the whole truck....

then it would be an indestructible daily driver and none of those imperfections would even matter lol

 

[usocazy]

Latest update: filed my case with the county clerk in early January. Defendant had 14 days to respond and wrote his response on the last day (24 Jan).

This guy is gonna be in trouble when we go to court because part of his filing was a fabricated receipt that showed I had a $250 balance still due for installation of my headlights and some other stuff.

Sad thing for him is I have the original receipt from his shop that says "paid in full".

Since he "responded" it'll be somewhere between 45 more days before we go to court.

No biggie, I can wait. Just more time to get my facts and timeline in order. To include the final text message I got from him stating if I went to court he'd charge me for installing my headlights.

Stay tuned folks...


Sent from San Antonio, Texas

 

[OnSale]

Latest update: filed my case with the county clerk in early January. Defendant had 14 days to respond and wrote his response on the last day (24 Jan).

This guy is gonna be in trouble when we go to court because part of his filing was a fabricated receipt that showed I had a $250 balance still due for installation of my headlights and some other stuff.

Sad thing for him is I have the original receipt from his shop that says "paid in full".

Since he "responded" it'll be somewhere between 45 more days before we go to court.

No biggie, I can wait. Just more time to get my facts and timeline in order. To include the final text message I got from him stating if I went to court he'd charge me for installing my headlights.

Stay tuned folks...


Sent from San Antonio, Texas

I hope he ends up in jail. People like this who do half ass jobs and then try to bully the customer and make up fake bills deserve to be in jail.

I wouldn't be suprised if he has other customers with claims in small claims court.

I'd be googling this dudes shop name every day looking for anything new posted about it on the internet.

With that level of ****** work you can not be the first person to be upset with the outcome. With how bad your truck is, I'm going to guess 90% of other customers have gotten the same or worse work done.

 

[shibby927]

I hope you stick it to that shop owner, no matter how cheap of a job that was, that's ridiculous.

 

[Ramx2]

WOW what a exciting read and it was all free. Good luck on the court and please post the results so i can finish this book lol.

 

[usocazy]

I wouldn't be suprised if he has other customers with claims in small claims court.

I'd be googling this dudes shop name every day looking for anything new posted about it on the internet.

With how bad your truck is, I'm going to guess 90% of other customers have gotten the same or worse work done.

I don't know about 90% but the preponderance of Google reviews kill this guy. I've already reached out to one and he's willing to come to court as a witness to his poor craftsmanship and business acumen.

I pulled his cases in county court and he has 2 settlements against him, I'm assuming these are for his shop but could be for something else.

 

[Sportznut]

Be careful of what you post regarding your case on public forums if you don't want your opposition to know about the details before they are brought up in court.

....and good luck with your case.

Sent from my SM-N920V using Tapatalk

 

[07MegaCabRam]

Tell that shop that some shade tree mechanic in Arizona (Me) has painted cars and done bed liners out of my garage in my home with 100000% better results.


That shop needs to be shut down.

 

[07MegaCabRam]

Be careful of what you post regarding your case on public forums if you don't want your opposition to know about the details before they are brought up in court.

....and good luck with your case.

Sent from my SM-N920V using Tapatalk

Yes, I'd request to have this thread deleted and do not post any more.

 

[Markcuda]

Be careful of what you post regarding your case on public forums if you don't want your opposition to know about the details before they are brought up in court.

...