Next door to the house where I am renovating, a company was hired to pressure wash and seal a deck on the roof of a three story house. The deck is used for views since the house is across the street from the ocean. The company sprayed oil based deck sealant on the deck in a thirty mile per hour breeze.
My two month old F-150 got coated. I mean coated so bad I couldn’t see out of the windshield. I immediately thought it was salt spray since it was so windy and I was 200 yards from the ocean. That didn’t come off so I then thought it was pine sap. I went home and washed the truck and nothing would take it off.
I found out from the renters next door that XYZ company did the work and they had overspray issues as well. I contacted the guy who did the work and he accepted responsibility and said take it to ABC car wash. I first go to the Ford dealer who sold me the truck and they said the stuff can be removed from the paint with clay, but the plastic and rubber parts would have to be replaced. Any solvent used would cause problems and they could not guarantee the appearance of the plastic and rubber surfaces.
At the car wash they said they would use a solvent and were sure they could get all of it off. After speaking with the assistant manager he mentioned the carwash was owned by the deck cleaners mother-in-law.
I give the deck cleaner a bill for a little over five grand to get the sealer off the paint and to replace the plastic and rubber parts. His wife comes over to take pictures and gives me the old, “It could have come from anywhere story” and she thinks I should just let the carwash do it for less that two hundred bucks. They aren’t going to pay unless the carwash is given a shot.
I trust Ford Motor Company far more than some guy with an eight grade education at the carwash. It might, and I repaeat might work out ok at the carwash, but I KNOW I will get the truck back to it’s original condition at the Ford dealer.
Don’t I have the right to have the truck repaired how I see fit or does the deck sealer have the right to clean it the way he want’s to?
Constructing in metric…
every inch of the way.
Replies
I would give the car wash a shot first. Because if they attempt to clean it, they own up to the responsibility of doing the damage in the first place. If, the job is shoddy and not up to your expectations, like a new penny I would take it to the Ford dealer and then get the car wash place to pay for it. They won't be able to go back and say it wasn't them that damaged your vehicle in the first place because they made an attempt to repair said damage.
Try calling your insurance agent, I would think your comprehensive would cover this, go to the dealer and get your truck repaired and let the insurance try and collect if they want too.
Does xyz company have insurance?
Semper Fi
"To be young and a conservative, you have no heart"
"To be old and a liberal, you have no mind"
Winston Churchill
"Some people spend an entire lifetime wondering if they made a difference. The Marines don't have that problem."
PRESIDENT RONALD REAGAN, 1985
The car wash isn't a neutral party and is suggesting a fix which, per Ford, will cause long term damage.They had their "first shot" and came up short.
With my mouth I will give great thanks to the Lord; I will praise Him in the midst of the throng. For He stands at the right hand of the needy, to save them from those who would condemn them to death.
- Psalms 109:30-31
Yes, XYZ company has insurance. The deck cleaner owns the local franchise of a deck renewal company.Constructing in metric...
every inch of the way.
Call your insurance company, and call the police to file a report. Then start collecting stuff in writing: send a letter or email to the power washer confirming the date and time that Joe accepted responsibility, and confirm that he said to take the truck to Mama's Suds to be cleaned, and get a note from them outlining how they plan to clean it off. get a note from the Ford dealer that says it will damage the vehicle. Buy a Chevy.
I question your description of a 30 mph wind as a breeze.
"Put your creed in your deed." Emerson
"When asked if you can do something, tell'em "Why certainly I can", then get busy and find a way to do it." T. Roosevelt
Edited 4/12/2007 3:49 pm ET by FastEddie
Please tell me you took pictures of your truck, the place it was parked in relation to the deck being sealed, and the renters cars or other damage.
Step two is document anything and everything related to this.
Step three is talk to your attorney and see what your legal options are.
I would tell you to talk to your auto insurance company but they'll tell you to go to the carwash first.
The way I see it is this. They knew what product they were using. If their was wind, they should have known there would be drift / overspray. They didn't warn you of the situation. They screwed up (bigtime). They are responsible for returning your vehicle to "new" condition which any reasonable person would agree a 2 month old truck is unless there is other obvious damage (assuming not). To me new condition is an even smooth paint finish without flaws, clean / clear glass (no haziness), rubber / plastic pieces have an even texture and color. I don't care what they have to do to get it to that condition as long as it doesn't cost me or my business a penny including temporary transportation and/or lost wages / business as a result of not having the full use of my vehicle (which they screwed up).
One of the jobs I'm working on now had a similar situation with paint overspray. An open air covered storage building was painted along with 35 or 40 tradesman's cars, the site supers truck, and his secretary's new car. I think they managed to give the earthwork equipment ( a dozen scrapers, couple of dozers, an excavator, and a rough terrain crane) a new coat too. Damages ranged from a couple hundred bucks for cars parked hundreds of feet from the area to over $5000 for one guy's truck. I don't think the earthwork crew went after damages on the equipment except for one or two new pieces.
Edited 4/12/2007 3:59 pm by boiler7904
One other question. If the deck cleaner falls through with his promise to fix the truck, would I have any recourse against the property owner? Or could I use going after the property owner as leverage against the deck cleaner? I don't want to bug the attorney yet, I'd like to see if we can settle this as gentlemen.
Constructing in metric...
every inch of the way.
Not playing an attorney I doubt that the HO has an liability.He hired the "pros" and depended on them to know what they where doing.Now if he had picked out the product and hired a company that did not normally do this and had them rent a spayer, etc then there might be some liability..
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A-holes. Hey every group has to have one. And I have been elected to be the one. I should make that my tagline.
I'll repeat it because it's the best advice you can get right now.... call your insurance agent. This is what insurance is for man. I wouldn't even let anyone else look at the truck until I called my insurance company. They'll pay to get it fixed right and chase the money for you. That's their job. That's what you pay them for. Turn this whole problem over to them and let them deal with it.View Image
Maybe you can't successfully sue the HO, but I would sue let it be known that I was going to include them in the resolution. "Put your creed in your deed." Emerson
"When asked if you can do something, tell'em "Why certainly I can", then get busy and find a way to do it." T. Roosevelt
Call your insurance agent first!!! They will Take care of your truck and get the money back (including deductable) from the deck reno co. If your hand wash did nothing then the dancing brushes will do less and add scratches.
Deck coating is intended to stay on so why would is come off your truck? I want a new truck!!
i'm coming at this from a bodymans point of view,35 years exp. first lets talk about insurance companys and what they HAVE to do when a auto is repaired. they are to repair it to pre condition status. now don't kid your self that they are not going to be concerned about the cost. just wreck the front fender and see what they do,they will put a brand new tawian fender back on,it 's not right but thats what they do.
first it would be nice to know what kind of sealer they was using,to say the least it's not water solubile.you might go out and take a little mineral spirts or wd40 in a little spot down low and see if it will touch it. now what your ford dealer is telling you has some truth to it,they don't know what its going to take to get the plastic and rubber clean.but let me gaurntee you they will try wd 40, wax and grease remover,thinner whatever they can come up with and if it removes it they make out like bandits.now if this gets turned into insurance the ins. c. is going to want to try whatever before they start buying mirrors and grilles etc. thats there job, fix it for the least amount possible.
i would talk to the carwash people,how do they hope to get this off,are they going to chemically remove it or are they going to buff it off.i'm not sure one is better than the other as long as a light buffing will take care of it.if they really have to buff it hard,not good for your truck. it wouldn't surprise me if they are not going to shoot it with a degreaser ,hand wash it and send it thru the washer,then hand wax it.
i havenever removed deck sealer,but have done a dozen auto's coverd with latex, secret to that is get on it now,sooner the better. i would soak a car with sprinklers for a couple hours,then bring it in the shop and take a new razor blade and lightly run over the car[if you keep it almost flat to the car it will not scracth it] then wet it down again and give it a buffing with a light compoud and it's ready to go.
if this ends up at ford ask for all your parts that are replaced, sell them on ebay,plus know they have been replaced.
final word ,do not get in this so far that the truck needs repainted,the value at trade in will be 1000's less for a repaint. larry
hand me the chainsaw, i need to trim the casing just a hair.
You I was gonna suggest that maybe Rhino Liner was a better choice than deck sealant ...
The first thing to do is to file a claim with their insurance company.
How you making out with this ordeal?