Should I file a claim in this instance?

[E. Guido Soda]

What is the name of your state (only U.S. law)? Alabama

I have a 2012 Toyota 4Runner which has been serviced *almost* exclusively by the dealer for routine maintenance; oil changes and tire rotations.
I say "almost" as one time I took it to a local mechanic to do the oil change because the dealership was booked for the next couple of days. I take it to the dealership because they are cheaper than all the others on synthetic oil...just thought I would throw that out there! Oh, and routine maintenance is all that has been done on the truck to this point.

Anyway, I took it to the local guy back in November or December of 2013. Last week, 3/26/2014, I was walking out of a meeting and my truck was parked on a slope and I noticed that the running board on the passenger side was crumpled on the bottom. I thought I had maybe run over something, but quickly put that out of my mind as I would remember doing that. I went to the other side and in the exact location, the board on that side was crumpled, too. I then put two and two together and realized that someone had lifted the truck improperly. I wasn't sure who had done it, but I initially suspected the dealership, as they had done the majority of the services. I went to the dealership and asked to see how they lift their vehicles; they gladly obliged and showed me. There is no way they could have done it as they lift with these spreaders with two "bars" on each side that fit under the car and only make contact with the frame. I showed them the crushed boards and they said that I was right; that they were dented by someone lifting them improperly.

So I went to the local guy and watched them lift cars for a minute and saw that this is exactly how they lift cars - across the car from below. I spoke to the guy who did the oil change, showed him the damage and presented him with a quote to replace the boards. He said, and I quote "we'll have to make this right," and told me to call back and discuss with the owner. To this point, the owner has not returned my phone calls, and I'm getting the feeling he won't.

My question is this - since the damage occurred four or five months ago, should I file a claim against them? Can one be reasonably expected to inspect their vehicle for damage every time one takes it in for service? What I mean by that is there is no way I would have known there was damage if I hadn't been parked at an angle to see the dents from below. I can prove that I have had all services, with the exception of the one in question, at the dealership. I can also prove that the dealership lifts cars in a way that would make it impossible to damage the boards in such a manner. I can prove that the local guy lifts in a way that would be consistent with the damage caused to my running boards.

Any input is appreciated.

Thanks,

EGS

 

[Proserpina]

What is the name of your state (only U.S. law)? Alabama

I have a 2012 Toyota 4Runner which has been serviced *almost* exclusively by the dealer for routine maintenance; oil changes and tire rotations.
I say "almost" as one time I took it to a local mechanic to do the oil change because the dealership was booked for the next couple of days. I take it to the dealership because they are cheaper than all the others on synthetic oil...just thought I would throw that out there! Oh, and routine maintenance is all that has been done on the truck to this point.

Anyway, I took it to the local guy back in November or December of 2013. Last week, 3/26/2014, I was walking out of a meeting and my truck was parked on a slope and I noticed that the running board on the passenger side was crumpled on the bottom. I thought I had maybe run over something, but quickly put that out of my mind as I would remember doing that. I went to the other side and in the exact location, the board on that side was crumpled, too. I then put two and two together and realized that someone had lifted the truck improperly. I wasn't sure who had done it, but I initially suspected the dealership, as they had done the majority of the services. I went to the dealership and asked to see how they lift their vehicles; they gladly obliged and showed me. There is no way they could have done it as they lift with these spreaders with two "bars" on each side that fit under the car and only make contact with the frame. I showed them the crushed boards and they said that I was right; that they were dented by someone lifting them improperly.

So I went to the local guy and watched them lift cars for a minute and saw that this is exactly how they lift cars - across the car from below. I spoke to the guy who did the oil change, showed him the damage and presented him with a quote to replace the boards. He said, and I quote "we'll have to make this right," and told me to call back and discuss with the owner. To this point, the owner has not returned my phone calls, and I'm getting the feeling he won't.

My question is this - since the damage occurred four or five months ago, should I file a claim against them? Can one be reasonably expected to inspect their vehicle for damage every time one takes it in for service? What I mean by that is there is no way I would have known there was damage if I hadn't been parked at an angle to see the dents from below. I can prove that I have had all services, with the exception of the one in question, at the dealership. I can also prove that the dealership lifts cars in a way that would make it impossible to damage the boards in such a manner. I can prove that the local guy lifts in a way that would be consistent with the damage caused to my running boards.

Any input is appreciated.

Thanks,

EGS

The mistake here was taking it to someone other than the dealer. With it being 4 months later, I'm not confident at all that you would be able to hold the new guy responsible, either.

Dealership will say "Oh well. Should have come to us"

Other Guy will say "It was fine when he drove it home...why is he trying to blame me now?"

 

[Zigner]

This was damage that should have been immediately noticed. I don't think you will be able to prove that the "local guy" damaged the truck four months ago, but you didn't notice it.

With that said...negotiate with the shop. Go in person.


ETA: Yeah, what Pro said!

What is the name of your state (only U.S. law)? Alabama

I have a 2012 Toyota 4Runner which has been serviced *almost* exclusively by the dealer for routine maintenance; oil changes and tire rotations.
I say "almost" as one time I took it to a local mechanic to do the oil change because the dealership was booked for the next couple of days. I take it to the dealership because they are cheaper than all the others on synthetic oil...just thought I would throw that out there! Oh, and routine maintenance is all that has been done on the truck to this point.

Anyway, I took it to the local guy back in November or December of 2013. Last week, 3/26/2014, I was walking out of a meeting and my truck was parked on a slope and I noticed that the running board on the passenger side was crumpled on the bottom. I thought I had maybe run over something, but quickly put that out of my mind as I would remember doing that. I went to the other side and in the exact location, the board on that side was crumpled, too. I then put two and two together and realized that someone had lifted the truck improperly. I wasn't sure who had done it, but I initially suspected the dealership, as they had done the majority of the services. I went to the dealership and asked to see how they lift their vehicles; they gladly obliged and showed me. There is no way they could have done it as they lift with these spreaders with two "bars" on each side that fit under the car and only make contact with the frame. I showed them the crushed boards and they said that I was right; that they were dented by someone lifting them improperly.

So I went to the local guy and watched them lift cars for a minute and saw that this is exactly how they lift cars - across the car from below. I spoke to the guy who did the oil change, showed him the damage and presented him with a quote to replace the boards. He said, and I quote "we'll have to make this right," and told me to call back and discuss with the owner. To this point, the owner has not returned my phone calls, and I'm getting the feeling he won't.

My question is this - since the damage occurred four or five months ago, should I file a claim against them? Can one be reasonably expected to inspect their vehicle for damage every time one takes it in for service? What I mean by that is there is no way I would have known there was damage if I hadn't been parked at an angle to see the dents from below. I can prove that I have had all services, with the exception of the one in question, at the dealership. I can also prove that the dealership lifts cars in a way that would make it impossible to damage the boards in such a manner. I can prove that the local guy lifts in a way that would be consistent with the damage caused to my running boards.

Any input is appreciated.

Thanks,

EGS

 

[E. Guido Soda]

This was damage that should have been immediately noticed. I don't think you will be able to prove that the "local guy" damaged the truck four months ago, but you didn't notice it.

With that said...negotiate with the shop. Go in person.


ETA: Yeah, what Pro said!

And that's the crux of my argument - should I really be expected to get under my truck to inspect for damage that isn't visible? Do you do that after every oil change? You really can't see it unless you are below the truck, or looking at it from an upwards angle. Someone mentioned my mistake was not taking it to the dealer every time - well, maybe, but it was an oil change not a warranty item or an overhaul!

Well, literally as I typed this post the local guy finally called me back. He said to bring it in and if the boards line up with how they lift, he will pay for the boards. So I guess there are some responsible business owners out there after all. Will update when I hear back.

Thanks for the input.

EGS

 

[Proserpina]

And that's the crux of my argument - should I really be expected to get under my truck to inspect for damage that isn't visible? Do you do that after every oil change? You really can't see it unless you are below the truck, or looking at it from an upwards angle. Someone mentioned my mistake was not taking it to the dealer every time - well, maybe, but it was an oil change not a warranty item or an overhaul!

Well, literally as I typed this post the local guy finally called me back. He said to bring it in and if the boards line up with how they lift, he will pay for the boards. So I guess there are some responsible business owners out there after all. Will update when I hear back.

Thanks for the input.

EGS

Well, FA does it again!

We work miracles, we do.

 

[Zigner]

And that's the crux of my argument - should I really be expected to get under my truck to inspect for damage that isn't visible? Do you do that after every oil change? You really can't see it unless you are below the truck, or looking at it from an upwards angle.

That's a good reason for not noticing it for a few days. Not four months.

Well, literally as I typed this post the local guy finally called me back. He said to bring it in and if the boards line up with how they lift, he will pay for the boards. So I guess there are some responsible business owners out there after all. Will update when I hear back.

Thanks for the input.

EGS

I'm glad - patience is a virtue and communication is key

 

[E. Guido Soda]

That's a good reason for not noticing it for a few days. Not four months.

I disagree. the damage is literally underneath the boards. I would wager good money that unless circumstances
were exactly right in those few days you would never have caught it. Maybe I didn't explain it well enough, but
regardless it looks like things may come to a good conclusion. Thanks to you guys for your input.

 

[justalayman]

E. Guido Soda;3256689]And that's the crux of my argument - should I really be expected to get under my truck to inspect for damage that isn't visible? Do you do that after every oil change? You really can't see it unless you are below the truck, or looking at it from an upwards angle.

yet you saw it without getting underneath the truck. In fact, you saw it as you walked to your vehicle.

You lose on the argument it was not noticeable unless you were under the truck so you lose the argument in court that the oil change place did it 4 months ago.

 

[Zigner]

yet you saw it without getting underneath the truck. In fact, you saw it as you walked to your vehicle.

You lose on the argument it was not noticeable unless you were under the truck so you lose the argument in court that the oil change place did it 4 months ago.

I believe that the OP is saying that his truck was parked on a slope and that he approached it from an angle that allowed him to see the underside of the truck. This was something that hadn't occurred over the previous four months. Had this gone to court, then I don't know if it would have been convincing enough, but it is apparently convincing enough for the shop owner, and that's what counts

 

[justalayman]

I believe that the OP is saying that his truck was parked on a slope and that he approached it from an angle that allowed him to see the underside of the truck. This was something that hadn't occurred over the previous four months. Had this gone to court, then I don't know if it would have been convincing enough, but it is apparently convincing enough for the shop owner, and that's what counts

yep, that's what he said but the fact is, he saw the damage while walking up to the truck. It's kind of hard to get an angle to see under a truck unless it is parked on top of something, like a tee pee.

 

[TheGeekess]

yep, that's what he said but the fact is, he saw the damage while walking up to the truck. It's kind of hard to get an angle to see under a truck unless it is parked on top of something, like a tee pee.

You don't know the hills in central Bama.

 

[justalayman]

You don't know the hills in central Bama.

oh, I used to live in Oregon at the foot of the tallest mountain in the state. The hill is quite high since the area immediately west is nearly sea level so the full elevation of the hill can be appreciated. The incline is quite abrupt due to this. If the surrounding are is also well above sea level, then there is less difference in elevation between the mountain peak and the area around the mountain.

and Cheaha mountain is the highest elevation in Alabama at 2413 ft (about 1/4th the height of Mt. Hood at 11,249 feet) with a prominence of only 1445 feet. (Mt Hood has a prominence of 7706 feet)

Anyway, I cannot think of a situation that would allow me to see much more than a level area of ground would. One has to remember that the only way you would have an actual different perspective would be if the vehicle is on a different plane than the observer. If the vehicle and the observer are on the same hill (plane), your perspective is no different than if you are both on level ground.