Thank you for your question. Please permit me to assist you with your concerns.What you are describing is considered to be 'negligence', that is, the shop owed you a duty to maintain the motorcycle and the parts in working order, they failed in that duty, and directly based on their cause of action, you suffered injury. Consequently they would be completely responsible for replacement costs, or in this case the costs for the repainting.Now, stopping payment is not a wise option. That is both check fraud and a license to get them to pursue you for fraud, damages, and a lien. What would be wiser is to NOT sign anything claiming satisfaction, giving them notice of the costs, taking images of the damage, obtaining an estimate for the work, and then pursuing them for that amount. If they fail to pay, take them to small claims for the costs.As an aside I happen to be a rider myself and am frankly horrified at the ineptitude of this shop. I am genuinely sorry to hear it was so damaged. Getting it repaired is their responsibility, not yours. Get the cost estimate from the other painter, then send them the bill, and if they refuse to pay, take them to court for the damages that they caused by their own comments.Good luck and please keep the shiny side up.
I think you gave me very good advice, however when I contacted the California Bureau of Automotive Repair to file a complaint against them, they said I should report it to them first and that they would send out an investigator, which would bolster my case in Small Claims Court. Should I follow their advice?
Thank you for your follow-up, Steven. You are most welcome!It is not a bad suggestion on their part. In essence going to court should be the last resort after all other options have been tried. Making a complaint is a good idea if the complaint ends up being investigated and their liability is found. However the issue here is timing; their investigation may take a few months. If you are willing to wait, then great. Otherwise taking them to small claims can get this resolved hopefully in about 2 months or as soon as the case can be placed on docket. Either option is legitimate, it all depends on whether you want to get this resolved quicker or not. Hope that helps and please enjoy the riding season!
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