Well, I'm Goin' To Court...

voidunknown · 10-12-2004, 07:52 PM

Took my truck to a local carwash here in Bakersfield, CA. When I got it back my 3 week old Xenarc 700TSV was scratched beyond repair and has 1 really deep gouge. I'm not sure what caused it, but it happened there. My wife and I where using the screen just before I got out of my truck at the carwash to look up a phone number. I have 2 other witnesses that saw it within the last 24 hours and they know it was not there. The carwash company basicly told me they where not going to do squat about it or compromise with me. I would be willing to even pay for half. So, I'm filing court papers tomorrow. I have never even stepped foot in a court room. I'm very nurvous about it. Does anyone have any suggestions? What are my chances of winning this thing? Has anyone else had this happen at a carwash?

xBrady · 10-12-2004, 07:55 PM

Quote: Originally Posted by voidunknown

Took my truck to a local carwash here in Bakersfield, CA. When I got it back my 3 week old Xenarc 700TSV was scratched beyond repair and has 1 really deep gouge. I'm not sure what caused it, but it happened there. My wife and I where using the screen just before I got out of my truck at the carwash to look up a phone number. I have 2 other witnesses that saw it within the last 24 hours and they know it was not there. The carwash company basicly told me they where not going to do squat about it or compromise with me. I would be willing to even pay for half. So, I'm filing court papers tomorrow. I have never even stepped foot in a court room. I'm very nurvous about it. Does anyone have any suggestions? What are my chances of winning this thing? Has anyone else had this happen at a carwash?

Sheesh that sucks! I would be ****ed. Don't know anything about law but I wish you luck.

Tidder · 10-12-2004, 07:57 PM

Best start is the BBB. After that, I don't know. I've never gone past the BBB, they've always resolved my problems.

voidunknown · 10-12-2004, 07:58 PM

Thanks brady. I don't know much about the law either. I'm being careful and documenting everything. I have my reciept to show I was there and had the truck washed. I have a call log with dates, times and names of who I talked to. I will be taking some pictures soon as well. I also got an estimate for a new screen + shipping. A good friend of mine told me to add in my labor to replace the screen as well (I'm not sure if that would fly). Anything I am missing? Can I hold them responcible for wages I miss out on while being away from work taking care of this?

Quattro · 10-12-2004, 07:59 PM

That really sucks man. I'm no lawyer so I don't what your chances are of winning. Do you have to prove that the screen was scratched at carwash or does the carwash have the provide the proof? If it's on you to prove it, how are you going to fight this, I don't know if the witness are enough.

Good Luck.

voidunknown · 10-12-2004, 07:59 PM

Quote: Originally Posted by Tidder

Best start is the BBB. After that, I don't know. I've never gone past the BBB, they've always resolved my problems.

Now that is something I did not think about. I'll get right on that.

HybridFox · 10-12-2004, 07:59 PM

this shouldnt be that hard to win, my uncle had the same thing happen to him at a car cleaning place (sept it was his kameleon HU that looked like it was stabbed with a screw driver) give solid answers, get the facts strait, and make shur your witnesses know what there going to say. crap like this happens all the time just git in tell them what you know and justice should do the trick. hope some of this rambling makes sense, good luck
-Lane

voidunknown · 10-12-2004, 08:00 PM

Quote: Originally Posted by Quattro-A4

That really sucks man. I'm no lawyer so I don't what your chances are of winning. Do you have to prove that the screen was scratched at carwash or does the carwash have the provide the proof? If it's on you to prove it, how are you going to fight this, I don't know if the witness are enough.

Good Luck.

Why would a witness not be enough evidence? They saw it, it wasn't scratched. They are swearing under penalty of law that they are telling the truth. Plus I have 3 of them besides myself. What else can I do?

voidunknown · 10-12-2004, 08:02 PM

Quote: Originally Posted by HybridFox

this shouldnt be that hard to win, my uncle had the same thing happen to him at a car cleaning place (sept it was his kameleon HU that looked like it was stabbed with a screw driver) give solid answers, get the facts strait, and make shur your witnesses know what there going to say. crap like this happens all the time just git in tell them what you know and justice should do the trick. hope some of this rambling makes sense, good luck
-Lane

Yea, but our justice system is lame wack crap.

HybridFox · 10-12-2004, 08:04 PM

Quote: Originally Posted by Quattro-A4

That really sucks man. I'm no lawyer so I don't what your chances are of winning. Do you have to prove that the screen was scratched at carwash or does the carwash have the provide the proof? If it's on you to prove it, how are you going to fight this, I don't know if the witness are enough.

Good Luck.

i've been learning a bit in civics and as far as i can tell (keep in mind livi\e in canada) this is a job for civil court and that means that all you have to prove is that the car wash people Probably did the damages. so your chances are good.

Quattro · 10-12-2004, 08:05 PM

Quote: Originally Posted by voidunknown

Why would a witness not be enough evidence? They saw it, it wasn't scratched. They are swearing under penalty of law that they are telling the truth. Plus I have 3 of them besides myself. What else can I do?

Like I said I don't know jack about law.

voidunknown · 10-12-2004, 08:06 PM

Quote: Originally Posted by HybridFox

i've been learning a bit in civics and as far as i can tell (keep in mind livi\e in canada) this is a job for civil court and that means that all you have to prove is that the car wash people Probably did the damages. so your chances are good.

Yea, thats what I thought. All i have to do is collect sworn statements from all my witnesses too, they don't have to actually show up to court.

voidunknown · 10-12-2004, 08:07 PM

Oh, also,

The carwash company must think they have a shot at winning right? Otherwise why would they take it to this measure?

lummox · 10-12-2004, 08:07 PM

Mate, that is really ****.

I hope you **** them over...

Good luck!

HybridFox · 10-12-2004, 08:11 PM

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