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Thread: Please Help...I really dont know what to do

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    Please Help...I really dont know what to do

    Good Day,

    I have a scenario that has been pulling my hair as I really do not know what approach to take.

    I had taken my car for a wash at a local carwash not so far away from my workplace. This was late afternoon Monday, 12th February around 15H00. I drove it into the wash bay and gave the keys to gentleman to whom I normally give the keys to when I drop the car for a wash.

    I went back to work. Around 17h10 I went to collect my car. I found a gentleman who is not the one I've given my car keys, seated outside the carwash premises with the car keys. I didnt say much, besides that I came to collect my car and paid over to him the carwash charge of 50 namibian dollars and off I drove. Whilst driving, a voice of advise kept coming up telling me to inspect the car.

    I drove into my work premises.brought the car at standstill and got out of the car to inspect around the car. My instincts were spot on! My car had bump scracthes on the leftside of the bumbper. I immediately got in the car and drove back to the carwash. Very lucky, I found the guy that handed me the carkeys. I told him that my car got bumbed here at the car wash. The guy was just looking at me with a mounth full of teeth saying no words. Since the office was by then closed, I called the owner of the business and told her of the incident. She advised me to come in tomorrow.

    The following day without waisting time, I obtained two quotations from both reputable panelbeating businesses. One of which I know the good quality of their service quoted N$2 311.65 the other one quoted N$3 960(The latter belongs to the father of the owner of the car wash, I personally do not know the quality of work done by this panelbeaters however the also do work on insured vehicles)

    I presented the car to the car wash and showed her the damages. I also gave her the two quotes and told her that I prefer the quote from Auto Mech Panel Shop, the one for N$2 311.65 . She only to the quote that I preferred and said she will call me back as she still did not talk or enquired with her two guys that washes the cars.

    So I left. After a few hours she called me to come in. She called the guy that gave me the keys when I collected the car. In the office, she told me she asked the guy and he is saying nothing like that happened, he did no damage to the car. She again asked him in my presence but he is just numb. She then said, lets make use of another help...lets see what the cameras tells us! So we went and had a view of the recordings of the previous days operation. Thanks God, and there the truth got revealled!

    Well clear, well displayed! The guy can not even drive and he was never instructed to drive the customers vehicles. The CCTV revealed how he got into my car, how he struggled to reverse the car and how eventually scratched/bumbed the car in an adjacent wall! I honestly dont know whether he doesnt know that he is surrounded by cameras or he simply wanted to cover up his mess and make me a liar!

    Now here comes the problem...I think the owner now wants to escape liability and want to shift it solely to the worker and somehow appears or give indications that I should deal with her worker directly. In the first place she is running into circles and I myself also a bit laid back as I do not know where and how to hit the hammer. Iwant my car fixed, fixed at my preferred panelbeaters!

    Please advice what to say and how to get about solving this. I personnaly believe that I have no dealings with her worker and came to her business and not to an individual. should I lay a case? to whom? but I need to make it clear to the business owner that I have no business with her worker....

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    Site Caretaker Dave A's Avatar
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    Your contract as client is with the business, not the employee. The business is responsible for the actions of the employee.

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    Thank you Dave, I always appreciate your comments. So I should make it clear that I've got no dealings with her worker. should she refuse or prolong settlement of the issue must I consider pursuing a civil case? Sad enough I do not have anything on paper to hold them accountable/acknowledgement from their side that they will restore damages. Any suggestions how to approach them to give me an acknowledgement on paper?

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    Site Caretaker Dave A's Avatar
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    Quote Originally Posted by Nakwila View Post
    I think the owner now wants to escape liability and want to shift it solely to the worker and somehow appears or give indications that I should deal with her worker directly.
    Make it plain it is her job to deal with her employees, not yours.

    Quote Originally Posted by Nakwila View Post
    should she refuse or prolong settlement of the issue must I consider pursuing a civil case?
    Hopefully pointing out that if you have to resort to appointing lawyers, you'll be pursuing recovery of your legal costs too will bring her to the party. i.e. - "let's play nice - ignore me and it's going to cost you even more."

    Quote Originally Posted by Nakwila View Post
    Any suggestions how to approach them to give me an acknowledgement on paper?
    My suggestion - Ask her when she is going to instruct one of the panel shops to proceed with the repair...

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    Gold Member Houses4Rent's Avatar
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    You should report it to your own insurance regardless of the outcome. They should pay you and then they will fight with the car wash to get their money back. If that succeeds your claims bonus and premium remain unaffected. Double check all that with your insurance first. And get the video footage.
    Ironic though that her own fathers business is so much more expensive as well.
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    Quote Originally Posted by Houses4Rent View Post
    You should report it to your own insurance regardless of the outcome. They should pay you and then they will fight with the car wash to get their money back. If that succeeds your claims bonus and premium remain unaffected. Double check all that with your insurance first. And get the video footage.
    Ironic though that her own fathers business is so much more expensive as well.
    Never thought of this...was of the opinion that it might reflect bad on my portfolio and have a negative effect on my premium! The amounts are below my excess payment of N$3 000.00 (Atleast, when it comes to my preferred panelbeaters). There seems to be a positive turn in this matter. given a go ahead to fix my car after meeting the car was today! Sad the guy got fired though, after apparently swearing at the owner!

    Thank you guys for all the advise...much appreciated!

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