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10-12-2004, 08:13 PM
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#16
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Maximum Bitrate
Join Date: Aug 2004
Location: California
Posts: 599
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Quote: Originally Posted by HybridFox
well its pretty obviouse that they did it, from his side of the storey theres no possible way anyone but the carwash people could have done it, so once again -your prob. gunna win
Probably isn't good enough. I want to win.
Does anyone have any insite about what I stated about me adding in my labor to the cost?
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10-12-2004, 08:14 PM
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#17
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Raw Wave
Join Date: Sep 2003
Location: New Mexico, USA
Posts: 2,547
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Uh... They'll ask to see receipts what it cost last time to install. They'll want to know where you got your figures.
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10-12-2004, 08:15 PM
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#18
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Newbie
Join Date: Aug 2004
Posts: 54
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That carwash place might have a lawer on retainer, so its just cheaper for them to have him do work for his money than to replace your screen. Also, since it would prolly cost someone their job, the employee who did scratch the screen would not fess up to it, and under questioning from the manager of owner, would definately lie about the scratch(es). Especially if they had already failedto mention their involvment in the first place. Oh yeah, to be fair, and to answer a question from above, it is up to you to provide the burden of proof that they scratched the screen. If that wasn't the case people could sue everyone about questionable things and make those getting sued prove it, like suing someone for keying you car, and forcing them to prove that they weren't near the car at the time; but i'm sure you'll have no trouble with three witnesses. Tho, from the post, it appears only you and your wife saw the screen immediately before and after the cleaning, so it could be argued that the third witness might not have a proper time frame to have relevant testimony; but two witnesses shouldn't be a problem from three. Oh yeah, while I'm editing, I think you should try to get them to pay for installation too. Phrase it like, 'the new screen with shipping costs $xxx, and installation took x hours of my time at the rate of (whatever you make an hour) (or get a quote for a professional to install the thing, and get a signed estimate, that would work better and you wouldn't be bound to have it professionally installed so you could get some compensation for all this annoyance) Good luck, I'm sure you'll win
Last edited by msb5150; 10-12-2004 at 08:23 PM.
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10-12-2004, 08:15 PM
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#19
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Maximum Bitrate
Join Date: Dec 2003
Location: Porto, Portugal
Posts: 741
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Quote: Originally Posted by voidunknown
Oh, also,
The carwash company must think they have a shot at winning right? Otherwise why would they take it to this measure?
Because they believe that you would think exactly that and be intimidated.
Good Luck
__________________
Ikea Case. Epia M10000.M1-ATX. 512 Mb. 2,5" 80 GB HDD. 7" Lilliput. BU-303 GPS. Sony Joystick.
Status --> Lilliput Installed (not indash yet..)
BraveCar 2.5
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10-12-2004, 08:16 PM
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#20
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Maximum Bitrate
Join Date: Aug 2004
Location: California
Posts: 599
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I did the install myself. I'm sure my time is worth something. I'm looking at probably 2 hours worth of work to put the new one in. I think that is fair no? I'm not out to rip anyone off, I just want to get it fixed. I'll tell them where I got my figures.
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10-12-2004, 08:22 PM
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#21
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Raw Wave
Join Date: Sep 2003
Location: New Mexico, USA
Posts: 2,547
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Here's what my boss says (he's a small business owner, and has been sued a few times...):
1. File complaint with BBB
2. Get estimate for new screen + labor to install
3. Go to small claims court & file papers and claim estimate amount
4. Every time you speak with car wash people, have a witness
5. Have pictures of before and after scratches
6. When in court, have at least 2 witnesses
He says what a small business owner will usually do is try to settle with you outside of court. If you're sure you can win, don't settle.
Last edited by Tidder; 10-12-2004 at 08:26 PM.
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10-12-2004, 08:26 PM
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#22
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Maximum Bitrate
Join Date: Aug 2004
Location: California
Posts: 599
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Quote: Originally Posted by Tidder
Here's what my boss says:
1. File complaint with BBB
2. Get estimate for new screen + labor to install
3. Go to small claims court & file papers and claim estimate amount
4. Every time you speak with car wash people, have a witness
5. Have pictures of before and after scratches
6. When in court, have at least 2 witnesses
He says what a small business owner will usually do is try to settle with you outside of court. If you're sure you can win, don't settle.
So what you are telling me, is that from now on when I go to the carwash I have to take pictures and have a witness? That will just be a pain in the ***. I don't have pictures of it before there where scratches.
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10-12-2004, 08:28 PM
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#23
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Raw Wave
Join Date: Sep 2003
Location: New Mexico, USA
Posts: 2,547
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Everytime you speak to someone at the carwash about this matter, have a witness. You need pictures of it installed in your car with and without scratches. Boss says that will make for a strong case. No before scratch pics, it's gonna be a little harder, but should still be on your side...
I dunno man, that's what the bossman says...
I don't know why you'd go back to that carwash anyway.
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10-12-2004, 08:30 PM
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#24
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Whistle Tip
Join Date: Apr 2004
Location: Metro, TX
Posts: 523
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yah, I'm no lawyer, but I'de get an estimate from a car shop for about how much they'de charge to install the screen, then charge that much
doesn't matter if you're doing it yourself or not, the fact is.. putting a screen in the car is worth that much
__________________
I consider that our present sufferings are not worth comparing with the glory that will be revealed in us.
www.neoterikos.com
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10-12-2004, 08:31 PM
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#25
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Variable Bitrate
Join Date: Oct 2004
Location: Peterborough/Ontario/Canada
Posts: 227
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oo yeah i forgot. i dont know about there but here it cost money to file a court thingy (cant remember what ists called) but you should know. anyway dont forget to add that to your claim if you go to court
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10-12-2004, 08:39 PM
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#26
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Maximum Bitrate
Join Date: Aug 2004
Location: California
Posts: 599
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Quote: Originally Posted by HybridFox
oo yeah i forgot. i dont know about there but here it cost money to file a court thingy (cant remember what ists called) but you should know. anyway dont forget to add that to your claim if you go to court
It's $35, and yes, I plan on adding that.
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10-12-2004, 08:40 PM
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#27
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Raw Wave
Join Date: Jul 2003
Location: Spagcave, in da UK Today's phrase: J'aime Alizee
Posts: 2,009
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Maaaan...such litigation culture you guys live in!!  Only kiddin'....
If the worse comes to it - scratch something back of theirs!! Seriously!
But anyway, I wish you all the success in your battle - good luck! 
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10-12-2004, 08:43 PM
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#28
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Whistle Tip
Join Date: Apr 2004
Location: Metro, TX
Posts: 523
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Quote: Originally Posted by Spaghetti
Maaaan...such litigation culture you guys live in!! Only kiddin'....
If the worse comes to it - scratch something back of theirs!! Seriously!
But anyway, I wish you all the success in your battle - good luck!
brilliant
__________________
I consider that our present sufferings are not worth comparing with the glory that will be revealed in us.
www.neoterikos.com
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10-12-2004, 08:44 PM
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#29
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Maximum Bitrate
Join Date: Aug 2004
Location: California
Posts: 599
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Quote: Originally Posted by Spaghetti
Maaaan...such litigation culture you guys live in!! Only kiddin'....
If the worse comes to it - scratch something back of theirs!! Seriously!
But anyway, I wish you all the success in your battle - good luck!
What would I scratch of theirs? It really sucks that people can't have nice things in this world. 
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10-12-2004, 08:46 PM
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#30
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Maximum Bitrate
Join Date: Aug 2004
Location: California
Posts: 599
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The BBB is closed. I'll have to call them tomorrow.
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