Need Advise Muffler shop drove my truck off lift

[thenotsofreeboat]

Hey guys

I got problems last night i took my truck to the shop for a new set of quieter mufflers seeing how the old ones were rusting through and making a racket. They were supposed to get it done last night but they didn't call. This morning i get a call that i had better come down on my lunch break i went down there and my truck had been driven off the lift. They say my truck magically shifted (I think the term they used was popped out) into reverse while they were running the motor and drove off the lift. It is an automatic and i have had it for 6 years never once has it popped out or in gear. In the winter it runs 10-15 minutes every morning aimed at the garage door and never have i had any worry it would smash into the house. It is an 89 full size blazer that used to have a nice body. After a long session of "debate" he gave me his insurance card and i have called the insurance place. He is saying i took an unsafe truck to them without letting them know it had problems. What else do i need to do? I have never had this happen. Do i need some kind of document saying that the damage happened while my truck was in their care?

Thanks guys

 

[v1_0]

Re: Need Advise Muffler shop drove my truck off lift

Hey guys

I got problems last night i took my truck to the shop for a new set of quieter mufflers seeing how the old ones were rusting through and making a racket. They were supposed to get it done last night but they didn't call. This morning i get a call that i had better come down on my lunch break i went down there and my truck had been driven off the lift. They say my truck magically shifted (I think the term they used was popped out) into reverse while they were running the motor and drove off the lift. It is an automatic and i have had it for 6 years never once has it popped out or in gear. In the winter it runs 10-15 minutes every morning aimed at the garage door and never have i had any worry it would smash into the house. It is an 89 full size blazer that used to have a nice body. After a long session of "debate" he gave me his insurance card and i have called the insurance place. He is saying i took an unsafe truck to them without letting them know it had problems. What else do i need to do? I have never had this happen. Do i need some kind of document saying that the damage happened while my truck was in their care?

Thanks guys

Say nothing. Get them to write it down. Hire a lawyer.
-V

 

[thenotsofreeboat]

Re: Need Advise Muffler shop drove my truck off lift

Oh Sorry i guess i should have elaborated a little. That is what i get for trying to multi-task. The lift was up in the air and the truck drove off until my open driver door stopped it from going all the way off the lift. it rode on the frame until the drive shaft got in the way. It crushed the bottom of the rear fenders, steps, rocker panels and as mentioned peeled my door back the other way. The drive shaft is destroyed and i have lube coming out of my transfer case from the seal and around the casing. that is the damage that i saw in the 5 minutes i got to look at it until the manager came over and that started a yelling contest. The best part of all of this is they want to be paid for the muffler job!

 

[SS MAYFLOAT]

Re: Need Advise Muffler shop drove my truck off lift

First, I would get in touch with my insurance company and tell them what happened. Then use their advice on what to do,,,,maybe.

Of course the shop is going to do whatever they can to get out of the jam. No doubt it was their fault. It was in their custody and their actions caused it. They should have set the E brake and even chocked the tires IMO.

Pep Boys lifted my Bradley GT up by the rocker panels (fiberglass) and smashed them. I got my set of tires free with the mounting and balancing. Their insurance paid for the repair as well after I signed a statement that I would not file a lawsuit against them.

You may need to consult an attorney,,,,,,,especially a money hungry one Good luck on your outcome,,,,,,keep us posted too!........SS

 

[rogerwa]

Re: Need Advise Muffler shop drove my truck off lift

The best part of all of this is they want to be paid for the muffler job!

That takes some jewels.. Turn it in to the insurance. Get yours involved as well.

 

[jay_merrill]

Re: Need Advise Muffler shop drove my truck off lift

I agree that you should start with your own insurance company. They won't want to pay for this and will go after the other insurance company. I wouldn't pay for the repairs either because, with all the damage that the shop caused, you are likely to need an entirely new exhaust system anyway.

 

[thenotsofreeboat]

Re: Need Advise Muffler shop drove my truck off lift

Okay here is the latest. I called the lady at the insurance brokers place. She doesn't work for the actual insurance agency she is just a middle man i guess. She said they admit that it happened but say it isn't their fault because the truck popped out of park. She said that they may or may not be liable and then suggested that i might want to get a lawyer as depending on what type of insurance they have. Something called a garage keeper policy means that they pay anytime it was in their care but policies are not all the same. As she said it will be hard to lose a case against the shop as they operated the truck in an elevated position and that shows negligence on their part. I don't have full coverage or anything like that just the plain old liability. i might give my insurance guy a call and see what i should do as all of this is totally foreign to me. She said to pay the bill or else they could take a lien on it. Does that sound right? I mean it is just 289 dollars, one of my tires costs almost that much.

 

[BF]

Re: Need Advise Muffler shop drove my truck off lift

my Dad's older ('91) silverado slipped off the lift getting muffler work done last fall. The rear lift supports ended up bending the body panels upwards in front of both rear wheels.

The manager (owner?) couldn't have been more apologetic, right from the onset. He offered to "make it right" and didn't accept payment for muffler work done. The truck was in better than average condition for it's year, but my Dad didnt' get too excited by it. It was just before going south for the winter, so he didn't do anything about it until last week. He took it back to the shop, and they were going to straighten the body panels out as best they could (granted they are not a body shop)... my dad was OK with that. Owner said they'd give it a free oil change while they're at it. The truck's not worth much, and although he's babied it for quite a few years, he's just in the process of taking the matching cap off and actually using it for hauling wood and as a "go to the dump" truck. So, he's kind of resigned to it becoming a scratched up beater. I'm pretty sure if he had complained at all, the shop would've sent it to a real body shop for proper body work.

I am also 100% sure that if the initial reaction of the shop had been like the sort that you are getting, insurance would've been involved immediately and there would have been 0 eagerness on my Dad's part to get anything less than complete repair done.

Given what you've gotten spewed at you, I wouldn't waste my time talking to the owner/manager, other than to tell them that they chose the wrong tactic and you're going to be much more aggressive than they had chosen to take responsibility and be apologetic. At least that's what I'd do...

Good luck

Oh, I just read where you say you don't have full coverage... ouch. You might (?) consider paying your muffler bill, getting a couple estimates for the damage done (don't get it fixed yet), and then filing in small claims court. That would avoid legal expenses, and might (?) get you the $$$ to get it fixed.

 

[thenotsofreeboat]

Re: Need Advise Muffler shop drove my truck off lift

Yeah i am going to pay that SOB. The insurance co said get an estimate from who ever i want and then to sit and wait for them to contact me with the appraiser or what ever you call them. I wonder if i get a discount for "job" they did. Most likely not i am going to assume. You know i could see them being upset if i freaked out on them but i was pretty calm about it. As I said right up front that is why they have insurance and i am just glad no one got hurt. But trying to blame me or the truck is just weaseling out of the situation they put themselves in. They are pretty defensive about it and I just see an old truck that got messed up and would like them to take care of it. It was pretty nice, i got offers almost weekly to buy the thing. i understand that the insurance company will most likely cut a check for it's "worth" which will be a low ball number if the insurance pays at all. Right now i am waiting on a call from a friend of a friend who is a PA and does other legal cases to see what all i should and shouldn't do. As i am not sure if i pick it up myself or if i have it towed on a flat bed or just leave it there. I think a phone call from him might change the entire situation to a more helpful attitude and not just the saving ones behind that i have seen so far.

 

[Captain Paul]

Re: Need Advise Muffler shop drove my truck off lift

Please. Popped out of park? How about not fully put in park when they drove it on the lift instead. And then they acuse you of bringing in an unsafe vehicle? If insurance will not fix it to your satisfatction, you can find a lawyer who can take care of it and have you compensated for your time and misssing work etc. They of course will take a piece of the pie you get from the shop, but what you really want is your rig fixed If it is not going well with the shop and their insurance, find a lawyer, then tell the shop to have all future conversations with him/her.
Your rig will be fixed in no time at all.

 

[Limited-Time]

Re: Need Advise Muffler shop drove my truck off lift

Car up on lift, engine running, drivers door open.............for a muffler job?? If by chance they were checking the "finished job" where was the guy who climbed onto the lift to open the door and start the car??
Another question was the new exhaust system damaged in the accident??

 

[SuperNova]

Re: Need Advise Muffler shop drove my truck off lift

A couple of thoughts from a professional mechanic's point of view:
1-If the muffler job did not get damaged at all and they really want you to pay for it--by all means pay the bill--anything less could be construed as theft of service. That being said, if the new exhaust was damaged in the accident I wouldn't pay until it was right.

2-It is very easy to have the transmission and linkage checked for a failure that would have made it jump out of park or neutral into reverse. And I will go on to say that a failure of this type would not be a one-time failure. The detent would have had to fail and if there is such a failure, you would be able to slide the shifter through all the gear positions without feelng it "click" into that specific gear position....in other words you won't be able to feel neutral, reverse, drive, 2nd or low through the shifter like you normally would. But that would be something your insurance company or lawyer would initiate if it comes to a legal battle.

 

[Bondo]

Re: Need Advise Muffler shop drove my truck off lift

He is saying i took an unsafe truck to them without letting them know it had problems. What else do i need to do?

Ayuh,............ Bull$h!t.............

SS Mayfloat has a solid Plan,......
And,.....
Being a Mechanic,.... I Totally Agree with Super Nova............

 

[Bob_VT]

Re: Need Advise Muffler shop drove my truck off lift

The truck should be repaired and charged to them - completely.

Original GM parts should be documented and used.......

Frame inspection too.

Money should be no object.....

A good lawyer will have you owning that business in very short order.

 

[waterinthefuel]

Re: Need Advise Muffler shop drove my truck off lift

A good lawyer will have you owning that business in very short order.

I doubt that. Nobody was injured or killed. Property damage rarely results in large settlements over and above actual damages and losses. All the court can do is fix him up to before the "wrong" happened. They can't make him "better" as that isn't justice. His vehicle should be repaired, if the muffler wasn't damaged then he should pay for it. Simple as that.

 

[dave11]

Re: Need Advise Muffler shop drove my truck off lift

As cheap as insurance companies are, they will probably try to give you a check for the "Actual cash value" of a 19 year old vehicle. Let them pay to fix it. That is what you were doing by getting new mufflers.

 

[Bob_VT]

Re: Need Advise Muffler shop drove my truck off lift

I doubt that. Nobody was injured or killed. Property damage rarely results in large settlements over and above actual damages and losses. All the court can do is fix him up to before the "wrong" happened. They can't make him "better" as that isn't justice. His vehicle should be repaired, if the muffler wasn't damaged then he should pay for it. Simple as that.

I should have phrased it as "a good lawyer will have you on-top in no time." I realize there was no personal injury however..... OSHA could be involved too.

I would go for the proper fix and not cash value.

 

[dolluper]

Re: Need Advise Muffler shop drove my truck off lift

Hurry take pictures,pay them ,then tow ot away asap,,,poped out of gear don't think so,them starting it in reverse with a bad neutral safety switch well that's more like it.Don't let them start chargeing storage....wesell's

 

[TilliamWe]

Re: Need Advise Muffler shop drove my truck off lift

The shop should have a garage keepers policy. And since the vehicle was in their care, custody, and control, their coverage is primary.
Since you have no physical damage coverage on the truck, there is really nothing your carrier can do for you. However, if the shop and their insurance company is really serious about denying the claim and saying it was your fault, then they should be filing a claim with your auto insurance company for the damage your truck caused to their shop/equipment.
You are unfortunately a victim of a really crappy shop owner who is telling his insurance company a differen story than what actually happened.
You will have to pay for the exhaust work, though, sorry.
As far as "money is no object, fix it with all new GM parts, and it should be fixed perfectly, they will only want to pay you ACV...", get serious. It is a 19 year old truck. If quality used parts are available for repair, that's what will be used. Heck it has used parts on it right now. And an aftermarket exhaust! Also, if it's totalled, you get the Actual Cash Value, nothing more. It's not worth a new truck, and everyone knows that.
No lawyer will actually take this case for you, cause there is no money in it. As stated above, since there is no injury, the value of this claim is the cost to repair the vehicle or the ACV of it. So all an attorney would do is get 33% of you money for the truck.

If you want to know more I'll elaborate. But the short point is to tell their carrier, "I didn't knowingly bring in an unsafe truck. Your insured damaged it. Your coverage is primary. If you think the vehicle has a defect, you have to prove it, and you have to pursue that party responsible. I am not the responsible party." If that doesn't make an actual adjuster (not their agent, an actual adjuster) see the light, then they are either stupid or a crook.

 

[jeeperman]

Re: Need Advise Muffler shop drove my truck off lift

Find out the name of the guy that got fired that week.
I bet he would be your witness!.