Body shop ruined my CCWs and don't want to pay

[ZIMxxZUM]

So last November a drunk driver hit the car behind me and pushed him into my car. It was nothing major, just a cracked bumper. Anyways, I took my car to a reputable body shop around my area to get it fixed. Two weeks later, (Dec. 9th to be exact) I picked up my car and noticed some white stains on my wheels, but I figured it was some residue from compound/polish. However what caught my attention was that all 4 wheels were like that. So I got home and tried to wash it off, but the stains would not come off. Granted I had just done a complete detail on the car in August. Here is what the car looked like after

Polishing the wheels

And this is how they looked when I picked it up in December. Notice the little white stains?

So I called them up the following week and told them about it. They claimed there was nothing in their body shop that would have caused such staining, but they told me to take it in and they would have them cleaned and polished for me. It took them an entire day to clean them. However when I got my car back, they were a lot worse. Here is how they looked after I picked up from them

That same day I picked up the car I told them that they now look worse and they said they would talk to my insurance and see what they want to do. After about a month (January, 2016) the insurance guy called me and told me it was determined that they the shop had indeed caused the damage (I was like NO SHIT!) and they referred me to a wheel repair shop. Since my wheels are anodized, the repair shop told me they did not anodize and many shops locally don't and those that do charge a shitload, but they said they could powder coat them have them look similar. This did not sit well with me. I like the idea of my wheels being anodize, which provides extra protection against the elements such as weather and brake dust, especially because I daily drive it.

I brought this issue up to the body shop. They said they would contact me back. From this point on, it was always me calling them to see if there were any updates. I felt like I was being blown off by them so I told them I wanted new ones from CCW (This is February now). They asked me for a quote, so I sent it to them. After a few days they called me back to let me know they were not going to pay that kind of money (Quote for the wheels was $3700).

Just a few days ago they called me to let me know that they were willing to buy me new wheels from some other company or pay me $1500. I literally laughed and told them that was not going to happen and that the offer was really insulting.

So now, it seems I'm going to have to take them to small claims court if they do not want to resolve this issue.
What are your guys' opinion on this? Has anyone had any experience with something like this? Do you guys think I'm asking for too much? Because I really don't think I am. Especially considering the fact that they are CCW wheels

Thanks for viewing guys:beer:

 

[03Sssnake]

That sucks bro...I don't think you are expecting too much at all, certainly would not settle for anything less than having those CCWs restored to the same condition as when they took possession of the car.

 

[BrunotheBoxer]

What did they do clean them with acid??

They need to make this right and if it means brand new wheels then that's the solution. You car looked pristine in those before pics.


Don't settle for less even if that means holding people hostage and getting violent.


Disclaimer: just kidding.

 

[Russo]

Well apparently anodized wheels aren't more resistant to stains, lol

 

[ZIMxxZUM]

What did they do clean them with acid??

They need to make this right and if it means brand new wheels then that's the solution. You car looked pristine in those before pics.


Don't settle for less even if that means holding people hostage and getting violent.


Disclaimer: just kidding.

I think they did use acid. I'm getting real impatient with them. I went out of way and helped them gather information from CCW when they should have been the ones doing all that. I work full time and go to school full time so time for me is not really something i have. I am not gonna settle for anything less

That sucks bro...I don't think you are expecting too much at all, certainly would not settle for anything less than having those CCWs restored to the same condition as when they took possession of the car.

It does suck. It definitely makes keeping my car clean because the wheels look terrible. The wheels look better dirty than how they look clean. It is embarrassing driving around like this.

 

[ZIMxxZUM]

Well apparently anodized wheels aren't more resistant to stains, lol

To acid they aren't lol. That shit eats through almost anything. It even faded the caliper.....:bored:

 

[Torch10th]

Have you contacted CCW about repairing the wheels instead of providing new ones? If not, I would talk to them about it and show them these pictures. They may be able to bring the wheels back "from the dead" so to speak and get them shining like they used to. You may want to get a quote on that and run it by the shop.

With that said, if the shop has admitted to damaging the wheels, the onus is on them to either repair them back to pre-loss condition or replace them as needed.

If you haven't talked more with your insurance carrier, I would do that as well. Specifically I'd let them know about the fact that the repair shop they referred you do is unable to repair the wheels to the pre-loss condition. It would likely mean paying your deductible, but you could attempt to have your insurance cover the replacement cost. They would then subrogate against the repair shop. Assuming they are able to collect you would then generally get your deductible back.

If your insurance won't cover that, I think small claims court is likely your only recourse at this point. What I would do at that point is send them a letter, certified mail with return receipt stating your intentions to take them to court over the matter. Give them 10 business days to respond in writing and then if they are unwilling to make good on either an actual repair, or replacement, sue them for the cost of a new set of wheels plus your court costs and time related fees.

 

[99-venom]

Bummer, those wheels look like came into contact with some evaporated HCL acid. Can CCW re-finish them?

 

[Uncle Meat]

Well they need to make you whole. However asking them to replace the wheels with a brand new set isn't right either. The rims can't be repaired for $1500?

U.M.

 

[ZIMxxZUM]

Have you contacted CCW about repairing the wheels instead of providing new ones? If not, I would talk to them about it and show them these pictures. They may be able to bring the wheels back "from the dead" so to speak and get them shining like they used to. You may want to get a quote on that and run it by the shop.

With that said, if the shop has admitted to damaging the wheels, the onus is on them to either repair them back to pre-loss condition or replace them as needed.

If you haven't talked more with your insurance carrier, I would do that as well. Specifically I'd let them know about the fact that the repair shop they referred you do is unable to repair the wheels to the pre-loss condition. It would likely mean paying your deductible, but you could attempt to have your insurance cover the replacement cost. They would then subrogate against the repair shop. Assuming they are able to collect you would then generally get your deductible back.

If your insurance won't cover that, I think small claims court is likely your only recourse at this point. What I would do at that point is send them a letter, certified mail with return receipt stating your intentions to take them to court over the matter. Give them 10 business days to respond in writing and then if they are unwilling to make good on either an actual repair, or replacement, sue them for the cost of a new set of wheels plus your court costs and time related fees.

I did contact CCW about having them refinished. They told me shipping alone would eat me alive considering the fact I'm in California and they are in Florida, but I might as well call them back and ask for a quote to refinish the wheels. I'm in the process of speaking with my insurance. Just waiting on them to get back to me. The good thing is that my wheels are insured under my policy.

 

[ZIMxxZUM]

Well they need to make you whole. However asking them to replace the wheels with a brand new set isn't right either. The rims can't be repaired for $1500?

U.M.

It is going to cost more than that to repair because of the anodize.

Bummer, those wheels look like came into contact with some evaporated HCL acid. Can CCW re-finish them?

I think I remember them saying they can, but they said it would be expensive because of shipping and It might not be much of a difference between refinishing them and getting a new set.

 

[Svtmustang01]

I dont know that insurance even has to cover your aftermarket wheels unless you have it explicitly stated in your policy. If it were me take the $1500 and disassemble and send them out to be redone. This is why everyone puts junk wheels on before it goes into a shop.

 

[ZIMxxZUM]

I dont know that insurance even has to cover your aftermarket wheels unless you have it explicitly stated in your policy. If it were me take the $1500 and disassemble and send them out to be redone. This is why everyone puts junk wheels on before it goes into a shop.

Insurance companies will insure almost anything on the car as long as you ask. They were the ones that offered me to insure my wheels so I said yes. I didn't have another set of wheels to put on the car when i took it to the body shop. The CCWs are my only set of wheels.

 

[chao5.0]

It is going to cost more than that to repair because of the anodize.



I think I remember them saying they can, but they said it would be expensive because of shipping and It might not be much of a difference between refinishing them and getting a new set.

find out the difference between a new set and how much it would be to refinish your current set and then submit both invoices to either the insurance company and let them know the body shop has already accepted blame and let them go fight it or submit it to the body shop and take your chances there before submitting it to the insurance company. if you give the body shop a chance to make it right and they still refuse then go after them, but winning in small claims court means nothing because who will enforce them to pay?

 

[cobralvr01]

Make sure you have as many screenshots of postings on recently sold CCW's and how much they sold for. A judge will have a hard time justifying why wheels cost almost $4000. For a new set, the judge may ask you for proof of purchase from CCW directly. If you purchased from a third party USED, then you'll have a hard time getting that amount without proof of current market price. So make sure they understand that that is what the market value is for them.

 

[ZIMxxZUM]

find out the difference between a new set and how much it would be to refinish your current set and then submit both invoices to either the insurance company and let them know the body shop has already accepted blame and let them go fight it or submit it to the body shop and take your chances there before submitting it to the insurance company. if you give the body shop a chance to make it right and they still refuse then go after them, but winning in small claims court means nothing because who will enforce them to pay?

I just spoke with CCW and they do not refinish their own wheels. I've never gone through small claims, but I would assume the judgement by the judge would force them to pay for the damages caused. If not, then the whole small claims process is pointless

Make sure you have as many screenshots of postings on recently sold CCW's and how much they sold for. A judge will have a hard time justifying why wheels cost almost $4000. For a new set, the judge may ask you for proof of purchase from CCW directly. If you purchased from a third party USED, then you'll have a hard time getting that amount without proof of current market price. So make sure they understand that that is what the market value is for them.

Thanks for the input. I'll definitely gather all the information I can.

 

[chao5.0]

I just spoke with CCW and they do not refinish their own wheels. I've never gone through small claims, but I would assume the judgement by the judge would force them to pay for the damages caused. If not, then the whole small claims process is pointless



Thanks for the input. I'll definitely gather all the information I can.

when I was going through my court battle I was informed that even if I won a settlement there is nothing in place to make her pay (this is a child custody case) but I asked about small claims court and he told me the same thing. there will be a judge ment against them but who will enforce them to pay? that is a major flaw in the system. don't give up by any means but make sure you look into small claims before deciding that is the last option, now if a insurance company was to replace the wheels and then go after the body shop for reimbursement that is a different game than say you going after them, insurance companies always get their money back.

 

[sleek98]

If you win a judgement you would have to put a lien on their assets, and you wouldnt get paid until they sold those assets. If the body shop is not setup propertly (in a corp or LLC) then you can place a lien on their personal assets, like their house or if the owner has another job that he gets a w-2 from then you can apply for a wage garnishment.

If the shop is an LLC or a corporation you can only place liens on assets that are in the companies names, if they own the building then you can place one on there if they rent then you are basically screwed unless you can find a judge that will hold them in contempt of court. Which for 4k I doubt they would.

 

[2Rare]

I've never gone through small claims, but I would assume the judgement by the judge would force them to pay for the damages caused. If not, then the whole small claims process is pointless

Small claim courts are an ABSOLUTE JOKE. Ask me how I know, lol. If the defendant is not able to pay up, all the court could do is put a judgement against them. Court fees + wasted time etc. I hope you get your money back, OP.

 

[99-venom]

I just spoke with my companies machine shop manager about anodizing. There should be no issue with sending your centers out to a competent anodizing company for stripping and re-anodizing for under $500-$1000. We use CMT out of Round Rock Texas. You might see if they can help you out.