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-   -   He painted my car! (https://www.askmehelpdesk.com/showthread.php?t=185889)

  • Feb 19, 2008, 01:28 PM
    berrysweetncgurl
    He painted my car!
    Ok so I work at a hotel that is under going renovations. The maintenance guy for our company was painting the awnings of the hotel and the overspray from him painting got all over my car. I just got my car in November and just had a brand new bumper put on it in December. Now I have red paint dots all over the car including the windsheild and the windows. Not only that but the maintenance guy tried to take the overspray off the car with PAINT THINNER!!
    What can I do about this? I don't want any money from my company, all I want is the paint off my car and they are blowing me off. Any help is appreciated
  • Feb 19, 2008, 01:35 PM
    ScottGem
    Get an estimate for the repair, then sue them.
  • Feb 19, 2008, 01:38 PM
    berrysweetncgurl
    Thank you, can I sue them without a lawyer? And also will it cost anything to file a suit?
  • Feb 19, 2008, 01:43 PM
    Clough
    Yes, it does cost money to file a law suit. However, the amount of money to file the law suit can be added on as court costs to the amount you are claiming in the law suit.
  • Feb 19, 2008, 01:45 PM
    ScottGem
    This would probably come under small claims court where the cost to file is minimal. And you could add the costs to the amount you are suing for.
  • Feb 19, 2008, 01:46 PM
    Fr_Chuck
    Normally this can be done in small claims court, but to be honest, you first get an estimate to fix all of this, then you give the manager or owner of the place you work a copy of the bill and a letter asking for payment within 10 days. Then if they don't pay, you go to the small claims court, and sue them for this.
  • Feb 19, 2008, 06:28 PM
    Justice Matters
    If the maintenance worker is also an employee of the hotel where you work then you would have to sue your employer. Not a pleasant prospect. As the old saying goes you don't sh** where you eat.

    May we suggest that you find out if the maintenance worker is an actual employee of the hotel or some type of contractor. If it is the later than you could sue the contracting company.

    We are not experts in labour related incidents but perhaps your local labour board may have something to say about work-related damage to your property.
  • Feb 19, 2008, 07:41 PM
    berrysweetncgurl
    He is an employee of the company, but works at several different properties, not only mine
  • Feb 19, 2008, 08:23 PM
    Fr_Chuck
    Then there is a management company that either owns or maintains the property, you need to sue the company that the person who painted works for. For example at the MALLs, there are maintenance workers who do not actually work for the mall but management companies.

    In most car dealerships, the people who wash the cars don't work for the car dealer but work for a contract company.
    So you need to find out exactly the name of the company he works for, may be yours, or it may be a contract company also.
    The exact company and even department, since their management is the one to contract about payment
  • Feb 19, 2008, 08:55 PM
    froggy7
    Just one thing before you sue. Were there any signs or notifications that the company was going to be painting and to not park there? If there was, then the company may say that you assumed the risks when you parked there.
  • Feb 20, 2008, 07:09 AM
    JudyKayTee
    Quote:

    Originally Posted by berrysweetncgurl
    Ok so I work at a hotel that is under going renovations. The maintenance guy for our company was painting the awnings of the hotel and the overspray from him painting got all over my car. I just got my car in November and just had a brand new bumper put on it in December. Now I have red paint dots all over the car including the windsheild and the windows. Not only that but the maintenance guy tried to take the overspray off the car with PAINT THINNER!!!!!!
    what can I do about this? I dont want any money from my company, all I want is the paint off my car and they are blowing me off. Any help is appreciated


    SOMEONE has insurance - the hotel, the contractor, someone - so file a report of damage with the hotel and let their insurance company pursue the matter.

    Unfortunately this type of damage is not uncommon. Had it happen to MY car, in a downtown parking ramp, wind blowing, painting a bridge - and suddenly I had a polka dot car! The contractor's insurance company took care of it, no problem.
  • Feb 20, 2008, 05:48 PM
    berrysweetncgurl
    Nope, it was employee parking, I asked him if he needed me to move the car twice and his words exactly were " No Worry" (he is an Indian) so I assumed he was painting the opposite side of the awning than where my car was parked
  • Feb 20, 2008, 06:49 PM
    JudyKayTee
    Quote:

    Originally Posted by berrysweetncgurl
    nope, it was employee parking, I asked him if he needed me to move the car twice and his words exactly were " No Worry" (he is an Indian) so I assumed he was painting the opposite side of the awning than where my car was parked


    Employee parking or not he had a duty to make sure he didn't paint cars - including tracking down the owner of the car(s), putting a tarp over it/them.

    Whether you asked him or not it was his duty not to paint the immediate area.

    Go to the insurance company.
  • Feb 20, 2008, 08:23 PM
    berrysweetncgurl
    My manager even asked him if he needed some old sheets or anything because we just had to pay someone from outside the company to paint some columns.
    Yeah I am sitting here thinking of all the little red paint flecks all over it... its making me see red... lol

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