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WWYD....Tire place damaged my truck and trailer!

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  • WWYD....Tire place damaged my truck and trailer!

    Ok I'm going to try long story short.....but I took my trailer to get a new tire on this morning. Hooked up, adjusted the tail gate, it sticks open sometimes. Off I got. Pull straight in. Go in and they fix me up after about an hour wait. Usual, it's Steve Shannon. So I go out get in the truck, it's parked so I can walk straight out. I back it around toward the left around the warehouse building to pull out. Straight shot, did it the first time. Go straight to the barn to load up mares. Back it around to the right very gently. Get out. My tailgate is HORRIBLY BENT!

    Drive straight home and get hubby. I call SS. They say "bring it in". "Guy doesn't remember 'hearing' anything". Yeah well it's a diesel.

    So we go in and they come out one at a time. Go back in and him and haw. Come out and say that is an old dent. There is rust under it...NO WAY it was done today. I say "I assure you my tailgate was not like that". My husband explains in dampness a thin layer of rust will form quickly. We talk and we all agree it doesn't look like a jackknife situation. Maybe someone hammered it? No.....too much of a dent.

    We are about ready to leave and I say "OR.....he put the tailgate down to get my old tire out, pulled ahead to the right and hooked the tailgate!". Yep that is what it was! So they go in to talk to the guy that moved the truck.

    BEFORE they get him, they are both in there looking out the window talking for 10-15 minutes. Hubby is like, let's go Maria, we have a long trip. The guy comes out and says "nope the tailgate was perfect when I was done, did it fall on the way home?" Um NO I didn't TOUCH the tailgate! He says can you get it down?" I don't know. I didn't try I don't need it STUCK down. So they give me the run around. Finally I say "listen I need to go. I know what happened now, I know you did it. You have insurance you are unwilling to help. All I can do is word of mouth at this time....I'm not happy". And I leave.

    But what CAN I do. Hubby said maybe stop payment on my 81.00 check? BUt I don't think that is right. I'm considering filing a police report. I mean my vehicle WAS damaged, and I have a pretty good idea of the suspect. What else if anything can I do. Do I call them tomorrow and say last chance? I need a new tailgate. Not fixable. I have a call into my step father who sold Nationwide insurance for a long time. My mom is a bit miffed. Other then that a good day! I mean I'm not really angry. I am but I'm not. I have a lot in my life to be thankful for. This is minor, but you know the look some people give when they are lying? My hubby does it if he tries to lie to me. This guy had "that look".
    Last edited by aspenlucas; Dec. 19, 2008, 12:41 AM. Reason: made paragraphs for ease of reading
    Maria Hayes-Frosty Oak Stables
    Home to All Eyez On Me, 1998 16.2 Cleveland Bay Sporthorse Stallion
    & FrostyOak Hampton 2008 Pure Cleveland Bay Colt
    www.frostyoaks.com

  • #2
    Call your insurance company - immediately - do not necessarily file a claim - just ask them about it. they might be willing to file a claim and they would go after the shop for reimbursement. OR, I am a big fan of the Consumer Affairs Dept. Most local/county governments have a Consumer Affairs Dept. and they can be very help about these types of situations. Unfortunately this might be a case of your word vs his word... Difference is you are a woman who drives a truck and trailer; tire shop probably doesn't have nearly the experience w/ it as you do.. I wouldn't do anything until you talked to your insurance and/or Consumer Affairs as either one should/will be able to advise you on how to proceed- get educated as to what recourse you might have; how it should be worded. I don't believe you can put a stop payment on the check - that could get you in trouble

    Comment


    • #3
      the punctuation is there but it still feels like one big run on sentence.

      let me see if I got this right. You needed a tire replaced on your trailer so you took it down to the tire place. Your tailgate was clean when you brought it in and after an hour to get the tire fixed you take it home and find that there is a dent in the tailgate. You then go back and get the "I didn't do it" line from the business. So you have taken it back home and now are not sure what to do. Did I get it right? Angry typing is hard for me to read I guess.

      My suggestion is give them a call. say "I'm the person who's tailgate was dented by your employee. I need the number for the direct line to your manager. Speak to the manager and let them know that you aren't trying to cheat them. the tailgate was not like that when you brought the truck in. And demand that he do something to fix it. If he refuses threaten to sick your lawer on them. That usually gets them to pony up to the responsibility.
      Horses are amazing physicists, they know the exact angle, thrust, speed required to land you face first in the only pile of poop in the entire arena

      Comment

      • Original Poster

        #4
        Galwaybay, I know I'm not for the stop payment, they did fix my tire. And I don't want to do anything wrong, but time is of the essence. I will call my insurance company first thing in the morning for sure! I'm sure my step father will tell me that also!
        Maria Hayes-Frosty Oak Stables
        Home to All Eyez On Me, 1998 16.2 Cleveland Bay Sporthorse Stallion
        & FrostyOak Hampton 2008 Pure Cleveland Bay Colt
        www.frostyoaks.com

        Comment


        • #5
          Originally posted by aspenlucas View Post
          Galwaybay, I know I'm not for the stop payment, they did fix my tire. And I don't want to do anything wrong, but time is of the essence. I will call my insurance company first thing in the morning for sure! I'm sure my step father will tell me that also!
          I would also contact your local consumer affairs department - it sounds like the guy flipped down the tailgate, drove w/ it down, and when they turned the rig - it banged the tailgate right? You have the experience and knowledge about that, I'm betting the shop-boy did not.. and was being lazy about not putting up tailgate- after all when the trailer is straight behind truck it looks like there's plenty of room -until you turn...

          They apparently acted negligently = I would also take photos of the damage and if there is a way you can illustrate how the damage may have occurred by jacknife type action that would be helpful also\
          good luck

          Comment

          • Original Poster

            #6
            Well I think he put it up, but didn't latch it, and it came down. It's a diesel and is loud, so you may not hear that. It was an "OH S**T" moment. I mean he even said "The tailgate didn't latch, are you sure it didn't fall on your way home. It was not dented when I left it". Classic cover up. I'm not one to go back and start a stink over something I did. I'm not like that. I'm not ballsy enough, but I will stick up for myself when I know I'm not wrong. Ok off to bed Truck is still useable. Pictures are another good idea and the consumers affairs department, Will look into that also. Thank you!
            Maria Hayes-Frosty Oak Stables
            Home to All Eyez On Me, 1998 16.2 Cleveland Bay Sporthorse Stallion
            & FrostyOak Hampton 2008 Pure Cleveland Bay Colt
            www.frostyoaks.com

            Comment


            • #7
              I am so sorry - no legal advice to offer, but I can invoke the COTH Explosive Diahrea Curse on the guy who did it!
              www.specialhorses.org
              a 501(c)3 organization helping 501(c)3 equine rescues

              Comment


              • #8
                Take it back and insist they fix it. You may have less of a case because you drove off without looking at it, never do that. Park it in their lot and work your way up the chain. Be nice and friendly but be firm. If you need to call their company headquarters. File a claim with your insurance company and tell them the tire place damaged it.
                http://weanieeventer.blogspot.com/

                Comment

                • Original Poster

                  #9
                  Running to the bank and then calling the manager. My step dad said that is my first step. I thought I was talking to him yesterday but I wasn't. Going to tell him how much I love their place first. Doing that then if he declines, filing an insurance claim and police report.
                  Maria Hayes-Frosty Oak Stables
                  Home to All Eyez On Me, 1998 16.2 Cleveland Bay Sporthorse Stallion
                  & FrostyOak Hampton 2008 Pure Cleveland Bay Colt
                  www.frostyoaks.com

                  Comment


                  • #10
                    Did they have to open the tailgate to get tires out?
                    Did you tell them that the tailgate doesn't latch correctly and that they needed to make sure it was latched before moving the truck?

                    I think both parties are at fault. How was the poor guy who took the tires out to know that the tailgate doesn't latch properly? He took the tires out, shut the tailgate as per usual and then got in and moved the truck.
                    If you don't know that the tailgate has a problem latching why would you check it?

                    Comment

                    • Original Poster

                      #11
                      Originally posted by Sport View Post
                      Did they have to open the tailgate to get tires out?
                      Did you tell them that the tailgate doesn't latch correctly and that they needed to make sure it was latched before moving the truck?

                      I think both parties are at fault. How was the poor guy who took the tires out to know that the tailgate doesn't latch properly? He took the tires out, shut the tailgate as per usual and then got in and moved the truck.
                      If you don't know that the tailgate has a problem latching why would you check it?
                      The tire was in the front of the truck. Why someone would open the tailgate and crawl under the gooseneck is beyond me. I can lift it out of the truck...a man can't. My husband said they probably didn't want to scratch my truck. Boy looking back I'm glad they decided to do what they did, NOT! No Steve Shannon doesn't move your truck and trailer, they ask you to. For some reason they decided to move it. I figured they were fixing it where it was parked.

                      The man said he opened the tail gate. He acknowledged he had trouble with the latch, it's not like it latches and let's loose later. Nope they are at fault. They moved the truck and trailer and I guess they aren't suppose to do that.
                      Maria Hayes-Frosty Oak Stables
                      Home to All Eyez On Me, 1998 16.2 Cleveland Bay Sporthorse Stallion
                      & FrostyOak Hampton 2008 Pure Cleveland Bay Colt
                      www.frostyoaks.com

                      Comment


                      • #12
                        Personally, I ALWAYS check my hitch before I pull off, and also do a quick walk-around to make sure all doors, etc are properly latched (and if I had a problem child, like the tailgate, I'd be checking that each time, too). Did you do this? You would have immediately seen if the tailgate was damaged, or if it was indeed up when you pulled out.

                        If it was down and damaged before you left, then I would think that you should be reimbursed for the damage, since they weren't supposed to drive it. If it fell on the way home, then I think you are liable, because you should have checked your rig before you pulled off. The guys at the tire place didn't know your tailgate was sticky. Did you tell them? Or did you check it before you drove away?

                        Comment

                        • Original Poster

                          #13
                          I am not sure how to be more clear about what happened. I went there dropped it off with the tailgate up. I have been driving truck and trailer for 14 years, I have never had a tail gate fall while driving. Any person hitching up will check the tailgate no? Just normal I would think. I pulled into Steve Shannon with the tailgate up. Showed the man my tires, showed him the tire in the FRONT of the truck bed. I went out, truck and trailer were done. Sorry I didn't walk around my truck checking for damage? Does everyone else? I never do. Went home and went to walk under the gooseneck to cross over and saw the tailgate. The tailgate again was UP. This is the first time I had gotten out of the truck. This to me leads me to believe they did it. Unless I hit my head and went unconscious and did it.
                          Maria Hayes-Frosty Oak Stables
                          Home to All Eyez On Me, 1998 16.2 Cleveland Bay Sporthorse Stallion
                          & FrostyOak Hampton 2008 Pure Cleveland Bay Colt
                          www.frostyoaks.com

                          Comment


                          • #14
                            when I need a tire on my trailer I just jack the trailer up or put it on the Jiffy Jack and take just that tire. No way in hell am I leaving my whole rig at a tire place.
                            I think unless your insurance company will help you your only recourse may be a civil suit.
                            I don't know what kind of truck you have but a new tailgate for my F250 is about $700.
                            My deductible would eat most of that.
                            my tail gate got messed up and I found a new one at a junk yard, the right color and everything for $250
                            "Perhaps the final test of anybody's love of dogs is their willingness to permit them to make a camping ground of the bed" -Henry T. Merwin

                            Comment


                            • #15
                              Originally posted by aspenlucas View Post
                              I went out, truck and trailer were done. Sorry I didn't walk around my truck checking for damage? Does everyone else? I never do.

                              yes I do. Anytime I leave my truck for repairs I check it before I leave with it. Any time I leave my whole rig unattended I do a quick walk around to make sure all is still hitched up before I leave with it.
                              And I bet you will now too.
                              "Perhaps the final test of anybody's love of dogs is their willingness to permit them to make a camping ground of the bed" -Henry T. Merwin

                              Comment

                              • Original Poster

                                #16
                                Originally posted by Jaegermonster View Post
                                yes I do. Anytime I leave my truck for repairs I check it before I leave with it. Any time I leave my whole rig unattended I do a quick walk around to make sure all is still hitched up before I leave with it.
                                And I bet you will now too.
                                You think. I just talked to Steve Shannon himself. He was more the cocky. I think they called him yesterday. He said file an insurance claim that is what you pay insurance for. So I'm doing that and filing a police report. Those are my steps. Luckily I do have a witness that knows the time I pulled into the barn with the tailgate up. Ah there are not too many good people left in the world. Really ruins the Christmas spirit for me. I hope the man that did it sleeps well each night.
                                PS..I did tell Steve. I am hesitant to ever use you again even though you've done a good job. If I do and I sit with you holding my camera, don't be offended!
                                Maria Hayes-Frosty Oak Stables
                                Home to All Eyez On Me, 1998 16.2 Cleveland Bay Sporthorse Stallion
                                & FrostyOak Hampton 2008 Pure Cleveland Bay Colt
                                www.frostyoaks.com

                                Comment


                                • #17
                                  Originally posted by aspenlucas View Post
                                  Sorry I didn't walk around my truck checking for damage? Does everyone else?
                                  Absolutely yes.

                                  It's not something you realize you do but if you are checking your tire pressure, hitch, lights, etc - you notice anything else out of place. If you have been driving a rig for 14 years - you should be doing this EVERY haul.

                                  As far as the tailgate falling and no one hearing it because you drive a diesel - hogwash. I drive a diesel. I know the difference between the motor noise and any other noise.

                                  Comment

                                  • Original Poster

                                    #18
                                    Originally posted by Just Wondering View Post
                                    Absolutely yes.

                                    It's not something you realize you do but if you are checking your tire pressure, hitch, lights, etc - you notice anything else out of place. If you have been driving a rig for 14 years - you should be doing this EVERY haul.

                                    As far as the tailgate falling and no one hearing it because you drive a diesel - hogwash. I drive a diesel. I know the difference between the motor noise and any other noise.
                                    yes I do when I hitch up. Not when I am in the tire place for an hour and I know the hitch, etc wasn't touched. I did glance in at the hitch, a gooseneck hitch is not near the tailgate. I know I looked in there as I looked for my spare rim, to be sure he put it back in there for me. Tire pressure was just checked by Steve Shannon's.

                                    As for not hearing the tailgate fall? You are saying "hogwash". So you are saying he heard it fall and didn't care? Or it didn't fall?

                                    I'm always amazed and maybe it's cause I look for the good in people. How COTHers can come on here and take something that I was a victim of and turn it into "well it's your fault". That just never ceases to amaze me. Not saying that is what you are saying, but your "hogwash" almost makes it sound like it was my fault. I'm pretty sure if 90% of people were in my situation they would not have checked. Plus you couldn't see the damage unless you walked BETWEEN the tailgate and trailer, under the gooseneck, which I just happened to do by crossing under to get to the trailer door.
                                    Maria Hayes-Frosty Oak Stables
                                    Home to All Eyez On Me, 1998 16.2 Cleveland Bay Sporthorse Stallion
                                    & FrostyOak Hampton 2008 Pure Cleveland Bay Colt
                                    www.frostyoaks.com

                                    Comment


                                    • #19
                                      Or....you file it under "Stuff happens" and move on. Its a truck....
                                      "You can't really debate with someone who has a prescient invisible friend"
                                      carolprudm

                                      Comment

                                      • Original Poster

                                        #20
                                        Originally posted by mroades View Post
                                        Or....you file it under "Stuff happens" and move on. Its a truck....
                                        You'd do that with a rather nice and expensive truck? The tailgate gets stuck up now. You have to really jimmy it to get it down. It's a truck we bought slighty used that is rather nice. Really that is what you would do?
                                        Maria Hayes-Frosty Oak Stables
                                        Home to All Eyez On Me, 1998 16.2 Cleveland Bay Sporthorse Stallion
                                        & FrostyOak Hampton 2008 Pure Cleveland Bay Colt
                                        www.frostyoaks.com

                                        Comment

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