Well today was not my day. I just got back from tinting the windows on my mazda 3 hatch and when i drove home i realized there was a scratch on the back window about 2" long. I know when i took my car there it didn't have the scratch but the owner of the buisness refuses to believe he sratched my window from taking apart my spoiler and windshield wiper to tint my car. He said the only way he will fix/replace my window is if i take him to court which i will. Anyone got any legal advices?
I need legal advice
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I mean even it it gets to the point where its his words agasint mine then I should have an upper hand right? His buisness involves tinting windows and therefore he should have checked the windows for any scratches before starting to tint windows so this doesn't happen.
Go to another tint shop and talk to the manager. See if he'd mind having one or two of his guys (guys who actually work the cars) take a look at your car. Have them look it over (they've probably not worked a 3 before) and ask them if based on the location of the scratch(es), see if they think it could be caused by improper removal of the spoiler. A competitor of the tint shop you went with should be more than happy to comply when you mention you're sueing their competition.
If they think it caused if, have them write a formal letter, signed and witnessed as their testimony that they believe the scratch on the window was caused by the removal of the spoiler. I dunno if that'd hold up in court but it couldn't hurt.
You've also got a pretty good case as you mentioned the dealer should have checked for scratches before hand and if he saw any, he should have denoted somewhere on the paperwork you recieved afterward that "Rear window scratched upon arrival". Now he could easily forge something like that after the fact if he really wanted to, but to hold up in court you'd think you'd have to have signed it prior to the work being done.
Take his bluffing ass to court.
If they think it caused if, have them write a formal letter, signed and witnessed as their testimony that they believe the scratch on the window was caused by the removal of the spoiler. I dunno if that'd hold up in court but it couldn't hurt.
You've also got a pretty good case as you mentioned the dealer should have checked for scratches before hand and if he saw any, he should have denoted somewhere on the paperwork you recieved afterward that "Rear window scratched upon arrival". Now he could easily forge something like that after the fact if he really wanted to, but to hold up in court you'd think you'd have to have signed it prior to the work being done.
Take his bluffing ass to court.
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Since your car is brand new, see if the dealership has any pictures of your car. Sometimes the cars are posted on the internet and a close up might show NO scratch.
A stab in the dark but who knows. Good luck.
Kevin
A stab in the dark but who knows. Good luck.
Kevin
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future warning to ppl take pictures of your cars for insurance purposes...sorry to hear whats going on, best of luck to ya...go ram that guy in the arse!
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I'm not so sure about your chances. Not saying the shop didn't do it, but if you bring a lawsuit it's on you to prove they did, not them to prove they didn't. I would consider what it will cost you if you lose before you decide to do it. Is the scratch that bad?
There is no "innocent until proven guilty" in small claims civil court. Whoever presents the most likely story wins.
Is it likely that a nearly new car got its window scratch from a window tinting shop that had to remove a few tidbits near the window? Sounds likely to me.
Is it likely that a nearly new car got its window scratch from a window tinting shop that had to remove a few tidbits near the window? Sounds likely to me.
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The standard in small claims is a "preponderance of the evidence" Doesn't sound like there is any evidence to me. Not saying he can't win, just that he should weigh what it will cost him if he doesn't.LeeLee said:
Evidence:
The car is nearly brand new, thus the potential for prior damage is very limited.
Rear windows are rarely damaged through normal use, unlike the front or even the side windows.
The window tinters had to remove quite a few parts from the vincinity of the rear window in order to tint it. I don't know exactly what tools were used, but I think at least one of those was capable of scratching a rear window.
No, there isn't a video or photo of the tint guy scratching the rear window. If there is, we wouldn't be discussing preponderance.
The car is nearly brand new, thus the potential for prior damage is very limited.
Rear windows are rarely damaged through normal use, unlike the front or even the side windows.
The window tinters had to remove quite a few parts from the vincinity of the rear window in order to tint it. I don't know exactly what tools were used, but I think at least one of those was capable of scratching a rear window.
No, there isn't a video or photo of the tint guy scratching the rear window. If there is, we wouldn't be discussing preponderance.
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You're right. He's guaranteed to win. I'd go forward with it without a second thought.LeeLee said:
Strange question... why would they have to remove rear spoiler to tint if tint goes on inside of window? I haven't inspected the rear window to see if there is any intrusion or hardware from the spoiler that needed to be removed. Was it just for clarity and quality verification?epine said:
What am I missing?
What is your problem? Why do you pretend that just because I am disagreeing with you that I am irrational? Did I say he is guaranteed to win? I have no idea if he is going to win. I think he should try, and I disagree with your assessment that there is no evidence. Disagree if you'd like and present your side of the argument.mazda3hatch said:
I think that you can represent yourself without a lawyer in small claim court too (like all those court shows on TV like Judge Judy) You will have to take your car to a professional shop for an estimate done for the scratch. That is if you can just repair, or worse, replace the window, and then get tinted again. And take the copy of the estimate to present before the judge, that would be the money you are suing for. Plus request car rental fee if the repair will leave you without a car.Kazbaeden said:
If you have glass coverage on your insurance, you should sue for the deductible plus a fee for tinting the window again (or a refund for the poor job).
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They don't remove the spoiler. The window dimensions would bee to drastic of a difference to measure the outside vs. inside for that window.
Unless your guy puts tint on the outside - in which case you have a whole different issue....
Unless your guy puts tint on the outside - in which case you have a whole different issue....
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