legal question about overspray

[diat150]

hello guys, I just bought a truck about 2 months ago and within a week of having the truck a business that is located in the same lot and that is also owned by the owner of the company that I work for decided to paint fire extinguishers in the open air of the parking lot. of course I got red industrial based paint all over my brand new black truck. I tried the clay bar and it takes some off but where it takes it off it leaves little indentions in the clear coat where it ate into it and it also leaves scratches I guess because of all of the paint specks. I went to 2 different dealers and also a reputable body shop and they both said that I should get them to pay for a paint job. Of course I dont want to paint a brand new vehicle. They also said that we could try and buff it out but also said that it would pretty much put swirls and scratches in the paint. im in a dilemna here because I went to a body shop where the guy wanted me to go because he knew the guy that runs the shop and the guy said that he wouldnt say that it needed to be painted until he tried to buff it out. My plan was that I wanted to be paid for the value that was lost by them getting overspray on my paint which ruined my paint. I can live with the overspray because IMHO it looks better than a truck that is full of scratches and swirls from being buffed and looks 5 years old, remember this is black and it shows. I just dont know what to do regarding this. I feel that they should make things right but I am not sure if I am being unreasonable. the paint will never ever be completely removed then you have little indentions in the paint from the overspray. I went to a dealer and asked how much would I lose on the value of the truck and they said about 4000. I got another quote to paint the truck for 4000 and another for 2800. I went on kelley blue book and it gave me about a 3300 loss of value. I just dont know If I am being unreasonable or not. what would you do in this situation?

[DFTowel]

Re: legal question about overspray

What unreasonable? This is pretty much of a no brainer. Good God man, they ruined your paint... if it was me I would insist they "make it right" no matter what it costs them and if they gave me a hard time I'd hire a lawyer to take ttem to court and have them pay for the paint and the legal fees. If it has to be repainted then so be it, if it's done properly what's the big deal?

[diat150]

Re: legal question about overspray

well I am just hesitant to repaint a brand new truck. every body shop I talk to says the same thing. I dont really trust them so that is definitely why I dont want to let a idiot near my truck with a buffer.

[busy21yo]

Re: legal question about overspray

I personally would take it to an EXPERIENCED/EXPERT detailer and have him work his magic. It sounds like your talking to painters and not detail experts... i think there is a big difference...

[diat150]

Re: legal question about overspray

I would love to take it to a expert but over here a expert is a crackhead working for a few bucks at the local detailer. the closest thing to a expert is the body shop that I brought it to. he is the one that turned me on to meguiars products but he also color sanded my aunts z28 and left scratches all over. thats what I am dealing with over here. I can live with something if I screw it up. I just cant take paying someone 800 bucks to screw it up. If I lived in socal and could swing it by a team of experts like at the meguiars classes and they said yeah we can get it out then I would jump on it. I just dont have those resources over here.

[KTruck]

Re: legal question about overspray

Hi:

Sorry to hear about your truck.

Take some pictures and post them here.

Regards,

KTruck

[jfelbab]

Re: legal question about overspray

If they have admitted guilt then take it to your insurance and have it repaired. Then it will get done right. It also gets you out of the picture so there is no issue of retribution for complaining from the building owners.

I saw a similar thing happen a few years ago.

I worked in an old brick building and the owner decided to have the exterior sprayed with hydrofluoric acid to clean it. He hired some minimum wage morons who did this on a very windy day. The building was adjacent to a muni parking lot and so all the cars (about 100) got sprayed with acid. Many windshields melted and became pocked. Paint on these cars changed colors, exposed metal began to rust overnight. Well, you get the picture. The building owners said nothing and complaints to their insurance carrier were seldom answered. They said it would buff out. (How do you buff out melted glass?) Most of the people who knew what had occurred to their cars contacted their own insurer and had their cars repaired. Their own insurers in turn subjugated the costs back to the building owner's insurer. That insurance company subsequently dropped the coverage to the building owner.

This was a really sad display of how you are really not in good hands as the ad slogan goes. That insurer was only interested in not spending any money and making the claimants suffer and jump through hoops long enough until they would just go away in disgust. I know that there were hundreds of thousands of dollars in damage that occurred and most of the people who parked in that lot that day never knew what happened to their cars. I've become a huge fan of car covers ever since.

[diat150]

Re: legal question about overspray

If they have admitted guilt then take it to your insurance and have it repaired. Then it will get done right. It also gets you out of the picture so there is no issue of retribution for complaining from the building owners.

I saw a similar thing happen a few years ago.

I worked in an old brick building and the owner decided to have the exterior sprayed with hydrofluoric acid to clean it. He hired some minimum wage morons who did this on a very windy day. The building was adjacent to a muni parking lot and so all the cars (about 100) got sprayed with acid. Many windshields melted and became pocked. Paint on these cars changed colors, exposed metal began to rust overnight. Well, you get the picture. The building owners said nothing and complaints to their insurance carrier were seldom answered. They said it would buff out. (How do you buff out melted glass?) Most of the people who knew what had occurred to their cars contacted their own insurer and had their cars repaired. Their own insurers in turn subjugated the costs back to the building owner's insurer. That insurance company subsequently dropped the coverage to the building owner.

This was a really sad display of how you are really not in good hands as the ad slogan goes. That insurer was only interested in not spending any money and making the claimants suffer and jump through hoops long enough until they would just go away in disgust. I know that there were hundreds of thousands of dollars in damage that occurred and most of the people who parked in that lot that day never knew what happened to their cars. I've become a huge fan of car covers ever since.

thats pretty similiar to this situation. we have about 30 cars in the lot and all of them have the overspray in some form or another because this been going on for a while. I work off location so I am really never at the shop. most of the others just dont care or still dont know about it. I guess since mine was brand new is the only reason I am raising hell. if it were 8 years old it probably wouldnt bother me as much.

[DFTowel]

Re: legal question about overspray

I would love to take it to a expert but over here a expert is a crackhead working for a few bucks at the local detailer...

I'd be willing to bet there is a good detailer within 100 miles of you, you're not that far from New Orleans, if it means an overnight trip to get it fixed and they will pay your expenses (cheaper than a repaint) then start looking. I'm sure someone here or on Autopia.org will be qualified to look at the problem and repair it if possible.

[diat150]

Re: legal question about overspray

I would take pictures but all I see is my reflection when I try and focus in on some of the overspray.


I wish I knew someone. I will start a thread looking for top of the line detailers. I am 100% for getting someone that knows what they are doing. im just not going to let joe blow loose with a buffer on my truck and scratch it all up so that they can say well we got all the paint off and thats what you wanted.

[RamAirV1]

Re: legal question about overspray

hello guys, I just bought a truck about 2 months ago and within a week of having the truck a business that is located in the same lot and that is also owned by the owner of the company that I work for decided to paint fire extinguishers in the open air of the parking lot. of course I got red industrial based paint all over my brand new black truck. I tried the clay bar and it takes some off but where it takes it off it leaves little indentions in the clear coat where it ate into it and it also leaves scratches I guess because of all of the paint specks. I went to 2 different dealers and also a reputable body shop and they both said that I should get them to pay for a paint job. Of course I dont want to paint a brand new vehicle. They also said that we could try and buff it out but also said that it would pretty much put swirls and scratches in the paint. im in a dilemna here because I went to a body shop where the guy wanted me to go because he knew the guy that runs the shop and the guy said that he wouldnt say that it needed to be painted until he tried to buff it out. My plan was that I wanted to be paid for the value that was lost by them getting overspray on my paint which ruined my paint. I can live with the overspray because IMHO it looks better than a truck that is full of scratches and swirls from being buffed and looks 5 years old, remember this is black and it shows. I just dont know what to do regarding this. I feel that they should make things right but I am not sure if I am being unreasonable. the paint will never ever be completely removed then you have little indentions in the paint from the overspray. I went to a dealer and asked how much would I lose on the value of the truck and they said about 4000. I got another quote to paint the truck for 4000 and another for 2800. I went on kelley blue book and it gave me about a 3300 loss of value. I just dont know If I am being unreasonable or not. what would you do in this situation?

Hearing stories like this makes my blood boil!!!! Are those quotes from the dealer the loss you will take if you trade it on a new truck? Since you were quoted $4000 to repaint the truck, it looks like a $4000 loss either way. Unless of course its $4000 to repaint the truck, plus an additional loss if you trade it in. I would demand to be compensated at least $4000 for my loss. Then if you can find another truck equipped like you want I would trade it in. A repaint done by a car dealer is not going to be anything like the factory paint, plain and simple.

Be prepared to get a lawyer and take them to court! Also get written quotes from the dealers for the repaint and loss on trade-in. If they know you are serious maybe they will settle out of court.

And don't settle for the el cheapo repaint as you will probably not be satisfied with it.

You are totally justified in being irate, and no you are not being unreasonable!

RamAirV1

[diat150]

Re: legal question about overspray

Hearing this like this makes my blood boil!!!! Are those quotes from the dealer the loss you will take if you trade it on a new truck? Since you were quoted $4000 to repaint the truck, it looks like a $4000 loss either way. Unless of course its $4000 to repaint the truck, plus an additional loss if you trade it in. I would demand to be compensated at least $4000 for my loss. Then if you can find another truck equipped like you want I would trade it in. A repaint done by a car dealer is not going to be anything like the factory paint, plain and simple.

Be prepared to get a lawyer and take them to court! Also get written quotes from the dealers for the repaint and loss on trade-in.

And don't settle for the el cheapo repaint as you will probably not be satisfied with it.

You are totally justified in being irate, and no you are not being unreasonable!

RamAirV1

the dealer that I bought it from said that I could trade the truck in for one exactly like it for 5650. 1650 of that was due to normal wear and tear from driving it off of the lot and the 4000 was due to the overspray. If I were to repaint it the loss of value would still be in the 4000 dollar area according to kelley blue book on a 2006 model. basically I told them that I would like around 3300 dollars, a average of all of the different quotes I got. well the guy sends me to his buddy about 30 minutes away and his buddy says without him trying to get the stuff out he couldnt say that it needed to be repainted despite where I showed him that the body shop tried to clay bar and also use some other type of meguiars liquid compound to remove the overspray and what did come off left indentions in the clear coat. I know they are trying to play games so thats why I am very close to just getting a lawyer and have them fight it out. I wanted to be reasonable and settle it man to man hoping they would make things right for their obvious wrong but I guess things cant be done like that anymore.

[Superior Shine]

Re: legal question about overspray

Give Gary a try - www. detailmagic.biz

They are in Mandeville, Louisiana .

[diat150]

Re: legal question about overspray

Give Gary a try - www. detailmagic.biz

They are in Mandeville, Louisiana .

I was just looking at your thread in the extreme makeovers with all of the cars. excellent work and I will take a hard look at anybody you recommend.

[busy21yo]

Re: legal question about overspray

damn...that ***** no pro's are around you.. I'd look harder,and be willing to do an hour or two drive if in your shoes.

I personally can't justify repainting a brand new vehicle for that... I have also seen guys on these boards work MIRACLES...Either way, you deserve monitary compensation, but i would hate to repaint....