Originally Posted by LI-M5
the real question is did the ins co write a check for the total cost of the repairs and the aftermarket or did they give a check for just the damages ??
Not sure LI, I will ask the insurance company for copies of the estimates that were provided to them, and I will compare that with the estimate given to me, looking for any discrepancies. I will also ask the body shop to identify any and everything they are charging me for (i.e. that the insurance isn't paying for).
Originally Posted by MMMach5
Well you were trying to get over on the Insurance company. If they caught wind of this earlier, it would not have gone through. The fact that you were friendly with the body shop employee and he with the insurance adjuster is not enough. The fact that an employee was hooking you up does not mean the company is responsible. When he left, so did the deal. I mean he could have been lying to you and you could have ended up in the same boat. JMHO.
I was actually trying to take advantage of a potential opportunity to replace OEM parts with more desirable aftermarket ones. If "getting one over on the insurance company" was how that was pursued by the body shop then that is a big problem -- but their problem, not mine. And at no point would I ever recommend, suggest or endorse illegal or fraudulent activity!
Originally Posted by Kalik314
Is 3800 dollars the difference between the cost the insurance company would have paid for the parts and the aftermarket parts from evosport?
Yes, but the difference in parts
is actually only about $2800, and I can only assume they are holding me accountable for an additional $1000 in extra labor associated with custom fitment time, above and beyond the time the OEM version of the parts would have required. I will look at the final paperwork once I get it.
Originally Posted by M CRISIS
Any time you can settle your differences out of court is better (IMO) for all involved. But not always possible because of either or both sides not willing to budge.
Considering both sides of the situation:
1) Customer did get some upgrades worth ??? 2 to 3 thousand $$. and the insurance company really shouldn't have to pay
2) Employee did make some promises (but did he have the authority to make??) thus possibly leaving the employer in an awkward position.
If you can come to a mutual agreement on a price that will leave neither party feeling like 1)you got raped by the shop and 2)they (the shop) feel screwed by the customer - both sides should be able to move on and learn from the experience.
I think that legally the shop's employer would have the upper hand but if it was me, as the owner, I would want to give the best price break I could to keep my customer somewhat happy without feeling screwed myself. I'm speaking from an employers point of view because that's what I are. Good luck.
CRISIS, I agree that this would seem to be the most fair and reasonable resolution at the end of the day. That said, if there is evidence that the body shop was potentially pursuing a fraudulent approach to my claim, that reality equips me with quite a bit of leverage with which to place the business in a position to weigh their reputability, licenses, BMW NA authorization, and millions in annual earnings vs. the $3800 write off it would take to make me go away. That's not extortion, just legal process/negotiation.
I also sympathize with the position of a business owner and am not looking to get one over on anyone, or make enemies. But I won't bite the bullet on my own for mistakes made on their end of the equation as a matter of principle. They have to be accountable for their employees' actions.
The owner of the shop has an E60 M5 exactly
like mine...color, trim, interior, options etc. We chatted quite a bit when my M3 was in there the first time and I think I would like to get him involved in helping us come to a resolution. He seems like a very reasonable guy.
Originally Posted by jmayzurk
I'm not flaming you here, but here's my interpretation of your situation:
By your own admission you were trying to get "something for nothing": Specifically, you wanted your insurance company compensate you in excess of their reasonable obligation, which is to restore your car to its pre-loss condition using OE parts.
The body shop may have had some margin to play with in terms of its labor cost, but not enough to cover the $3800 parts cost delta. I can't imagine any body shop making this kind of deal assuming they're on the up-and-up and are in business for profit.
In short, it seems like you had expectations of a deal that was too good to be true, and unfortunately, that's how it turned out. Even if your ex-advisor at the body shop made these commitments to you, it seems as if the arrangement was made under false pretenses that might even implicate you as party to fraud (though I'm not a lawyer and I'm certainly not accusing you of such).
Perhaps the most reasonable solution is to split the additional cost with your body shop, but given that you don't have anything in writing supporting your position, you may have a tough time with this...
No flaming taken.
I was not trying to get "something for nothing." There was damage to several parts (OEM and aftermarket) in my stock bumper (HID foglight conversions, Hamann inserts, OEM foglights etc adding up to quite a bit of money) that given a CSL style bumper replacement, did not need to be replaced, and did not require labor. I speculated that the savings to the body shop's invoice given this, was to be applied to the purchase of the aftermarket parts.
The supervisor explained to me that that is called cost shipping and would be unethical, but at no point was that ever brought to my attention by my advisor, who didn;t tell me how he was going to take care of things. I am not pleading ignorance, but there was no reason for me to think anything was awry if the insurance company paid what they owed based on my policy and legitimate claim, and the body shop was paid what they were owed based on the work done right?
There are several correspondences via email between myself and the advisor, though considering I deleted many of them (not thinking things would come to this
), I would be counting on his hotmail account to turn them up if it came to that. Somehow, I doubt if there is anything there that would potentially implicate him as responsible for the costs or overstepping his bounds as an employee at the time, that he would furnish the emails.
What a sticky situation. I have no problem paying for what is fair to pay for, but again, I wouldn't have had this work done if I was told: "You will have to pay $3800." It would have been as simple as: "Sorry, Ali, can't do that" to prevent this, but instead it was "No problem Ali, I'll take care of it."