Beard277277
Junior Member
What is the name of your state? NJ
Here are the quick facts. I was in a car accident 2 weeks ago on 11/14. There was no collision insurance on my vehicle, just the NJ state minimum liability coverage. The possibility of someone else's insurance paying is small, so assume all expenses are out of pocket at this time.
My vehicle was towed off the highway to a garage, with my consent. I asked them to recommend a body shop so that I could get an estimate for the damage, as I'm new to the area and didnt know one. Thursday 11/16 my car surfaces at a body shop nearby, and they gave me a call. I explained my situation: needed estimate but that it was out of pocket, so please use after market parts. Friday 11/17 I received an estimate for 3500. I was at work when he called, I told him I'd need time to decide, given the insurance predicament and all. He said fine, "take your time."
Monday 11/20. I go to the body shop to take pictures of my car. The guy I spoke to on the phone (this is a 2 man shop, 50/50 partners) is there and he gives me a copy of the estimate. In the meantime, my dad had heard of my problem and offered to fix my car himself, getting parts from a friend who had a similar car involved in a different type of collision, but having most of my needed parts intact. I explain this to the body shop guy.
This is when things got awkward. He takes the estimate out of my hand and goes "I made a mistake on here." We walk into his office and he jacks the estimate up by $1100. He claimed he made a mistake on the "labor rate." Then he says, let me know when you can whatever you decide to do, and please be advised "there is a $40/day storage fee." I say ok, I will call you when I decide.
I call him later that day, 11/20 and tell him that my dad is going to rent a dolly trailer to attach to his truck and tow the car to where my folks live, about 3 hours away, to work on it. I said my dad was off that Friday and Saturday from work and those would be the best days to pick it up. The guy responds saying that the shop is closed from Wednesday through Monday. He did say "Maybe I'll be in Friday." but obviously that was nothing definite I could plan around. I called Friday AM 11/24, no answer. I cant get the car till Monday.
So dad cant go to get the car Monday, we had to wait til today, Tuesday 11/28. Now I go to pay for the storage fees before my dad arrives. This guy hits me with a $520 storage fee! Nothing on the estimate or on the premises documents this fee. Obviously he told me about it verbally, but this is my complaint. He billed me for 13 days at $40/day. Out of those 13 days, the car was available for pickup only 7. I understand these places charge storage fees. Its part of how they make money, especially when they dont end up doing the work. But this was an outdoor, unfenced parking lot. There was a lengthy 4 day holiday weekend involved during which this guy refused to make himself available, forcing me to wait the extra time. Not to mention the fact that he jacked up the estimate after the first weekend, which was additional time that the car was unavailable for pickup.
I signed nothing in writing confirming these costs. I have done preliminary research, and there appears to be no state law regulating these storage fees. I did pay the money after pleading for a discount to no avail. I paid only because my dad was already about 2 miles away from the shop and had taken off from work and paid to rent equipment to get the car to his place. Plus any additional time would obviously be more fees.
Two questions:
1. Obviously its not fair to charge for these days when the shop was closed, but is it legal? in NJ, municipalities can regulate the storage fees, but as I said, no state law. This particular municipality regulates storage fees for "towing facilities." The maximum for an unprotected outdoor facility, assuming its a large lot is about $10/day for the first 7 days a car is there, and about $12/day after the first 7 days. There is also a restriction that fees can only be charged for a day if the shop was "open for atleast 4 hours during which pickup of the vehicle was possible." Can I make the argument that this protection extends to body shops? Clearly its a similar industry and the intent of lawmakers is to protect consumers from exactly what I've gone through.
2. Do I have a recourse now that I've already paid? He basically told me I had to pay that amount before anyone could remove the car from the premises. My dad was already up here with rented equipment, and leaving the car there would just make this issue worse, so I paid it up front just to temporarily resolve this. Will that bite me in the rear end?
Thanks to all who take the time to read and respond. I went to law school for 1 year and a few months of my second year before switching to part-time to work. I now work in advertising near NYC, but my point is I'm very reasonable about the law, and have a basic understanding. I dont think I really have a case here, but crazier things have happened in small claims court if you make the argument the right way, correct? PLease help!
Here are the quick facts. I was in a car accident 2 weeks ago on 11/14. There was no collision insurance on my vehicle, just the NJ state minimum liability coverage. The possibility of someone else's insurance paying is small, so assume all expenses are out of pocket at this time.
My vehicle was towed off the highway to a garage, with my consent. I asked them to recommend a body shop so that I could get an estimate for the damage, as I'm new to the area and didnt know one. Thursday 11/16 my car surfaces at a body shop nearby, and they gave me a call. I explained my situation: needed estimate but that it was out of pocket, so please use after market parts. Friday 11/17 I received an estimate for 3500. I was at work when he called, I told him I'd need time to decide, given the insurance predicament and all. He said fine, "take your time."
Monday 11/20. I go to the body shop to take pictures of my car. The guy I spoke to on the phone (this is a 2 man shop, 50/50 partners) is there and he gives me a copy of the estimate. In the meantime, my dad had heard of my problem and offered to fix my car himself, getting parts from a friend who had a similar car involved in a different type of collision, but having most of my needed parts intact. I explain this to the body shop guy.
This is when things got awkward. He takes the estimate out of my hand and goes "I made a mistake on here." We walk into his office and he jacks the estimate up by $1100. He claimed he made a mistake on the "labor rate." Then he says, let me know when you can whatever you decide to do, and please be advised "there is a $40/day storage fee." I say ok, I will call you when I decide.
I call him later that day, 11/20 and tell him that my dad is going to rent a dolly trailer to attach to his truck and tow the car to where my folks live, about 3 hours away, to work on it. I said my dad was off that Friday and Saturday from work and those would be the best days to pick it up. The guy responds saying that the shop is closed from Wednesday through Monday. He did say "Maybe I'll be in Friday." but obviously that was nothing definite I could plan around. I called Friday AM 11/24, no answer. I cant get the car till Monday.
So dad cant go to get the car Monday, we had to wait til today, Tuesday 11/28. Now I go to pay for the storage fees before my dad arrives. This guy hits me with a $520 storage fee! Nothing on the estimate or on the premises documents this fee. Obviously he told me about it verbally, but this is my complaint. He billed me for 13 days at $40/day. Out of those 13 days, the car was available for pickup only 7. I understand these places charge storage fees. Its part of how they make money, especially when they dont end up doing the work. But this was an outdoor, unfenced parking lot. There was a lengthy 4 day holiday weekend involved during which this guy refused to make himself available, forcing me to wait the extra time. Not to mention the fact that he jacked up the estimate after the first weekend, which was additional time that the car was unavailable for pickup.
I signed nothing in writing confirming these costs. I have done preliminary research, and there appears to be no state law regulating these storage fees. I did pay the money after pleading for a discount to no avail. I paid only because my dad was already about 2 miles away from the shop and had taken off from work and paid to rent equipment to get the car to his place. Plus any additional time would obviously be more fees.
Two questions:
1. Obviously its not fair to charge for these days when the shop was closed, but is it legal? in NJ, municipalities can regulate the storage fees, but as I said, no state law. This particular municipality regulates storage fees for "towing facilities." The maximum for an unprotected outdoor facility, assuming its a large lot is about $10/day for the first 7 days a car is there, and about $12/day after the first 7 days. There is also a restriction that fees can only be charged for a day if the shop was "open for atleast 4 hours during which pickup of the vehicle was possible." Can I make the argument that this protection extends to body shops? Clearly its a similar industry and the intent of lawmakers is to protect consumers from exactly what I've gone through.
2. Do I have a recourse now that I've already paid? He basically told me I had to pay that amount before anyone could remove the car from the premises. My dad was already up here with rented equipment, and leaving the car there would just make this issue worse, so I paid it up front just to temporarily resolve this. Will that bite me in the rear end?
Thanks to all who take the time to read and respond. I went to law school for 1 year and a few months of my second year before switching to part-time to work. I now work in advertising near NYC, but my point is I'm very reasonable about the law, and have a basic understanding. I dont think I really have a case here, but crazier things have happened in small claims court if you make the argument the right way, correct? PLease help!