Shop damaged wheels what to do?

[540i]

Hi guys. I took a car into a car/tire shop to get 2 tires mounted on wheels. The shop damaged the wheels (scratched/gauged the finish) and admitted to being at fault. They would NOT do anything about it. The wheels are $800/each at a BMW dealership. Police were called on the scene to make a report. The shop owner admitted to fault to the officer on scene and said he would have one of his guys "fix it". Officer left with the report because he said at this point it's a civil matter. The shop owner said his guy only charges $25/wheel to fix and they will need the car there. I question his workmanship since these are $1600 set of BMW wheels which were new/perfect when they came in and now I don't want to settle for "fixed" wheels and trust the car to them again. Can I successfully sue the shop in small claims court for full value of new wheels? Or will the judge just say let the shop try to fix the wheels? I also have witnessed who witnessed the damage and the technician and owner admitting to fault, and I also can get the police report of course. What about proving value in court if they came with the car? Can I just bring in an estimate from a BMW dealer or do I need an actual invoice for each wheel? I don't want to settle for fixed wheels… Any help appreciated, thanks.

 

[dee_dub]

There's no way you're going to get new wheels if the old ones can be fixed for $25 each. Have you asked the shop that damaged the wheels to do the repair for free? If they are reasonable they should agree to that. If you question the workmanship, take the wheels to an independent shop and get a quote for the repairs. Maybe $25/wheel is a reasonable price for fixing them.

 

[540i]

Maybe I didn't explain it that well. The wheels were new machined BMW wheels. The damage is surface scratches and deep gauges. I did call around and see what others charge for repair and its around $100 per wheel, BUT they don't offer any warranty or promise that the surface will last like the factory coatings. When a wheel leaves the factory its precisely machined and then coated for protection from the elements. These are not some cheap ford focus wheels but high performance BMW M racing wheels. The only way to "fix" them would be to sand the scratches off and the gauges are pretty deep who knows what kind of a job the guy will do for $25… then reapply the coating and hope it lasts. My point, is why should I settle for fixed wheels when I brought mint new ones in? If I sell the wheels/car to someone I will have to disclose that they have been repaired and the value is much lower. This is not my fault. It's the same issue as getting a car repaired; a lot of people don't want a repaired car with a salvage title for the same price as a new car with no repairs. Am I really out of luck here? I don't like the fact that I must live with repaired wheels when they were brand new mint before the shop touched them. This was a $62,500 vehicle after all.

 

[dee_dub]

I think you explained it quite sufficiently. But here's the thing. You're asking for $1600 to compensate for damage that might be fixable by $50 (or $200 if you go to another shop). It's simply unreasonable on the face of it.

Why should you settle for fixed wheels, you ask? Because your future loss is purely speculative - IF the repair doesn't last, IF you sell the car, IF a buyer won't pay as much. The shop owner is, IMHO, not being unreasonable in refusing to pay for new wheels. If you were to try to sue in court, I speculate you would have a difficult time convincing a judge as well. At the very least, you should give the shop the opportunity to remedy the defect.

If you're concerned about the warranty, get the shop to personally warranty the finish equivalent to whatever warranty was left on the new wheels - if they trust their own work and they want to avoid a lawsuit, they should be happy to oblige. If it turns out down the road that the repair doesn't last, sue them then.

 

[rozerjack]

Hi,

It is big problem, I thin its shop keepers fault then he have to pay to you.

I think you have getting help of good personal attorney to solve your problem.

Best of luck.......

 

[jq22]

I worked on the shop side for years and you really don't have a chance in court. I've been here several times. The car isn't new so why should the wheels be?? You have to give them the opportunity first to amend the problem. The only way you could probably get new wheels out of it would be: A. It's that kind of shop( I would recommend changing to a place a little better) B. If there is now a safety hazard to the wheel. It sounds like it is only cosmetic. It sucks, but have them repair it and find a new shop

 

[540i]

Here is an update guys. As expected shop wont do anything and owner is ducking phone calls. All of the sudden everyone who works there only speaks Spanish and no English now. And yes the shop is "that type". My mistake for ever taking the car there. I go some estimates and most shops charge $150-250 a wheel to repair, and BMW dealer charges $200/wheel. What now, should I sue the shop for $400 (2 wheels to repair) and how good are my chances? Thanks.

 

[540i]

anyone with an oppinion?

 

[dee_dub]

Tell the owner what you're going to do, and give him the chance to pay for the repairs at a reputable shop. Then get the repair done and send him the bill. When he doesn't pay, sue him in small claims.

 

[540i]

dee, i call and ask for the shop owner, and then as soon as i say why i am calling i hear "no speak english" "click". They spoke english just fine when the officer was there, i think its easy to figure out what going on here. There is NO more contact with the shop and its going nowhere. Ive given owner/shop a chance from the start and now they pretend they only speak spanish. Please dont tell me i need to hire a transalator too now to deal with these thieves?

 

[dee_dub]

If you want to be nice, send them a letter. Otherwise just go get your wheels fixed and send the shop the bill. You'll probably need to sue them to get it paid - good luck.