Auto Shop Asking Me to Pay for Damages Caused by Them

[Kylemmm]

I recently brought my car to a detail shop to have it professionally cleaned because of water damage to the interior. After inspection by my insurance company, the estimator decided that the insurance company would cover the costs of fixing the damages. However, I would be responsible for paying to fix what had caused the damages (leaky sealings on one of the doors).

After the car had spent a week at the detailer I got a call from the owner saying that he had broken some parts on the center console and wrinkled the window tint on the car. The owner let me know that he would pay to fix both the tint and replace the broken parts on the console.

A few days after having this conversation with the owner I got a voicemail today from a representative of the company explaining to me that when the detailer went to reset the airbag light, because the seats and carpeting needed to be disconnected to clean the interior, a fault code appeared saying that the tension on one of the seatbelts was not sufficient. The representative went on to explain I would need to pay the costs of replacing the damaged part but, they would install it for free. They also told me that I could pick the car up anytime if I wanted to, which obviously isn't the best idea if you don't have seatbelts that work properly!

After listening to this message I called my mechanic, for a second opinion, who explained to me that because the part that needs to be replaced is located under the driver's seat, it could have been damaged by the detailer when the seats were removed. They also have a file on my car from when I brought it in earlier last month that notes that there was no need to check my car's computed for faults because there were no fault lights on the dashboard.

I am planning on returning the detailer's call and explaining that because the airbag light was not on when I brought the car into them that they probably damaged the part so they should be footing the cost of replacing the part. What I want to know is, as an Oregon resident, how am I protected if the detailer turns around and says that they will not pay to replace the part.

Thanks in advance! I realize this is a long read but, I'd really appreciate any help.

tl;dr The shop most likely damaged my car while cleaning it and they want me to pay the bill to replace the parts they probably damaged; How should I handle things from here?

 

[sandyclaus]

I recently brought my car to a detail shop to have it professionally cleaned because of water damage to the interior. After inspection by my insurance company, the estimator decided that the insurance company would cover the costs of fixing the damages. However, I would be responsible for paying to fix what had caused the damages (leaky sealings on one of the doors).

After the car had spent a week at the detailer I got a call from the owner saying that he had broken some parts on the center console and wrinkled the window tint on the car. The owner let me know that he would pay to fix both the tint and replace the broken parts on the console.

A few days after having this conversation with the owner I got a voicemail today from a representative of the company explaining to me that when the detailer went to reset the airbag light, because the seats and carpeting needed to be disconnected to clean the interior, a fault code appeared saying that the tension on one of the seatbelts was not sufficient. The representative went on to explain I would need to pay the costs of replacing the damaged part but, they would install it for free. They also told me that I could pick the car up anytime if I wanted to, which obviously isn't the best idea if you don't have seatbelts that work properly!

After listening to this message I called my mechanic, for a second opinion, who explained to me that because the part that needs to be replaced is located under the driver's seat, it could have been damaged by the detailer when the seats were removed. They also have a file on my car from when I brought it in earlier last month that notes that there was no need to check my car's computed for faults because there were no fault lights on the dashboard.

I am planning on returning the detailer's call and explaining that because the airbag light was not on when I brought the car into them that they probably damaged the part so they should be footing the cost of replacing the part. What I want to know is, as an Oregon resident, how am I protected if the detailer turns around and says that they will not pay to replace the part.

Thanks in advance! I realize this is a long read but, I'd really appreciate any help.

tl;dr The shop most likely damaged my car while cleaning it and they want me to pay the bill to replace the parts they probably damaged; How should I handle things from here?

How do you know that the water damage didn't cause the issue with the seatbelt sensor? Although your mechanic gave you his opinion that the detailer COULD have damaged the sensor when replacing the seats, the damage could ALSO have been caused by the water and just not come up as erroneous until later.

Bottom line is that unless you can definitively prove that the detailer caused the problem with the sensor, you will end up paying for the part. You can ASK the detailer to pay for it, but I wouldn't count on it.

 

[Kylemmm]

How do you know that the water damage didn't cause the issue with the seatbelt sensor? Although your mechanic gave you his opinion that the detailer COULD have damaged the sensor when replacing the seats, the damage could ALSO have been caused by the water and just not come up as erroneous until later.

Bottom line is that unless you can definitively prove that the detailer caused the problem with the sensor, you will end up paying for the part. You can ASK the detailer to pay for it, but I wouldn't count on it.

Good point. The seat belts worked perfectly, even with the water damage, there was never enough standing water to reach the height that the part was located on the seat. The leak also did not reach the seats so only the footwells in front of the seats were wet.

However, if the part was damaged by the water then the airbag light would have come on to indicate that there was something wrong with the seatbelts. Because the airbag light was not on when I dropped the car off I'm sure the problem happened in the shop.

Would having a friend who drove the car the same day it dropped the car off say that the air bag light was not on be sufficient to prove that I am not at fault for the damage?

 

[OHRoadwarrior]

How can you prove the sensor malfunction was not due to the system being disconnected, then reset? Simply unplugging/replugging the sensor could cause it to fail. In that event, it was an unforeseen portion of the repairs. You are responsible.

 

[Kylemmm]

How can you prove the sensor malfunction was not due to the system being disconnected, then reset? Simply unplugging/replugging the sensor could cause it to fail. In that event, it was an unforeseen portion of the repairs. You are responsible.

Assuming that uplugging and replugging the sensor in is what caused the damage, wouldn't that be a foreseeable risk because the detailer should be knowledgeable in this repair, especially if he had considerable experience with the vehicle he was working with?

I apologize if I'm being difficult but, it doesn't make sense to me to be paying for this part when I had nothing to do with damaging it.

 

[antrc170]

Bottom line is this: Both you and the repair shop have valid arguments in the case. It can be argued that the fault was caused by the repair shop and you and your friend can testify to the proper working conditions of the part prior to dropping it off. The shop can argue that the fault was discovered as part of their repair and notified you. The can also show that they replaced the parts the did break.

Which way will a judge decide? Who knows? Maybe one side or the other, or split the cost.

How much is the part? Is it signifigantly more expensive than going to small claims court? and are you willing to gamble the cost of the part plus the filing fees that you're right?

 

[OHRoadwarrior]

No, it would not be foreseeable. Many sensors operate on minor resistance variations. The point at which one can exceed acceptable readings, is random at times.

 

[Zigner]

Well, let's start out by saying that this forum is for US Law Only.

With that said...if the components were actually damaged by water, why wouldn't the insurance pay for this?

 

[You Are Guilty]

Bottom line is that unless you can definitively prove that the detailer caused the problem with the sensor, you will end up paying for the part.

Point of clarification. I believe the correct burden of proof in this instance is "preponderance of the evidence" (eg, more than 50%), not "definitive".