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Author Topic:   Dealer liability for damage?
sexlessape
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From:Santa Barbara, CA
Registered: Jan 2004
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posted 03-04-2004 09:52 PM     Click Here to See the Profile for sexlessape     send a private message to sexlessape   Edit/Delete Message   Reply w/Quote   Search for more posts by sexlessape
Sorry if this is offtopic...please move if it's not appropriate. Well, the Chrysler dealership here in Santa Barbara christened my new kat for me. While it was in their possession, they damaged my kat. Either hit it with another car in the shop or backed it into something:
http://www.dashboardbuddha.com/sad_kat/sad_kat.html

The paint on the rear right fender is screwed and has hairline cracks all through it. This is now the second car I've had wrecked by them, and I especially didn't want it to be my new kat. I didn't even have a chance to be the one responsible

Since obviously this was neither fire, theft, nor vandalism but sheer operator negligence the dealer has assumed responsibility for the damage.

Has anyone had experience with damaged kats and dealers? I of course dropped my kat off near-brand-new, so want it back in that same condition. They're already refusing to replace the right rear bumper saying the impact mark and scratches are just "water spots". To what extent are the liable for returning my car to the same condition in which I gave it to them?

ed

MDProwler



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posted 03-04-2004 09:57 PM     Click Here to See the Profile for MDProwler     send a private message to MDProwler   Edit/Delete Message   Reply w/Quote   Search for more posts by MDProwler
Just my thoughts but if they are accepting responsibility then their insurance company should pay you to have it repaired where you want. And not by them! JMO Try to file a claim with their insurance company.

------------------
Gary K

CTProwler



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posted 03-04-2004 10:24 PM     Click Here to See the Profile for CTProwler     send a private message to CTProwler   Edit/Delete Message   Reply w/Quote   Search for more posts by CTProwler
Looks like water spots??? What was it raining, lead rain drops?? Call you agent meet him at the dealership get it straightened out.

------------------

sexlessape
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From:Santa Barbara, CA
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posted 03-04-2004 10:27 PM     Click Here to See the Profile for sexlessape     send a private message to sexlessape   Edit/Delete Message   Reply w/Quote   Search for more posts by sexlessape
Anyone have recommendations for good body shops specializing in custom paint in the SB area in Cali? They did ask during the course of our 30 minute long conversation, but I was at a loss for knowledge as to people in the area. I've never had to get body work done on a car before now, espeically one with such a fast unique color on it

I just opened a claim with my own insurance company in case for some reason the dealer doesn't wind up covering the damage to my satisfaction. Technically if I don't report it, my insurance has a 'loophole' by which they wouldn't have to cover it.

The service manager of the dealer was of course profuse in his verbal assurances but wouldn't give me anything in writing except a standard DC work order for repairs for "damage done in-shop". They wouldn't give me the name of their insurance company, the name of the operator of the vehicle at the time of the damage, or a copy of their liability policy when I asked. Are they required to provide me with that information?

I thank all in advance for patience...this is the first time I've had a vehicle this drastically damaged by a dealer and all my online searching hasn't given me much insight into how to properly deal with this situation. And I hope my frustration isn't showing through too much either. After all, this was supposed to be the sunny weekend comprised of me, my kat, and the PCH up to Monterey

ed

JCProwler

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posted 03-04-2004 11:08 PM     Click Here to See the Profile for JCProwler     send a private message to JCProwler   Edit/Delete Message   Reply w/Quote   Search for more posts by JCProwler
The DC dealership in Temecula Ca has mess up my wifes Sebring and Prowler. I made them fix what ever was wrong!
Dali


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posted 03-04-2004 11:46 PM     Click Here to See the Profile for Dali     send a private message to Dali   Edit/Delete Message   Reply w/Quote   Search for more posts by Dali
Wow ! Wouldn't give you their insurance info, nor driver at fault, nor commitment in writing? Sounds like a place to avoid at all cost...

This is what I'd do, and please keep in mind I'm used to going straight for the throat.

I'd call the local Police department and file an accident report. That will force the dealership to provide their insurance info/driver info/etc. Then I would send them a demand notification, "cc" to your insurance and theirs, by certified mail. I would include a rental car reimbersment charge, my time charge, and anything else I could think of. I'd give them 7 days to respond and accept my terms, or see me in court. I would take pics of the car AT THEIR DEALERSHIP, and have a few affidavits of neighbors/friends/family/POA members/etc saying the car was in great condition prior to being serviced. And above all, I'd get the car the hell away from them before they accidentally set fire to it.

As I said, I go for the throat, but I have never been taken advantage of, because of this nature.

Give them hell, make them sorry they ever met you, and they will do whatever they can to make you go away. And finally, AFTER all is taken care of, trash the dealership to everyone who will listen. (This last part is a personal favorite of mine, I take great joy out of getting even)

Good luck and let us know what happens.

Regards,

Dr. Mike
"Dali"

------------------

"Dali" is Dr. Mike & Mrs. "Jo-Jo" S. near Dallas, Tx.
Email us at: dealer@suttonplacegallery.com
Visit us on the web at: www.suttonplacegallery.com

Owner of a 2002 Inca Gold named "Picasso".
Flaps foward and aft, 7000K HID, Platinum +4's, K&N airfilter, and Fuzzy Dice.

sexlessape
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From:Santa Barbara, CA
Registered: Jan 2004
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posted 03-05-2004 01:06 AM     Click Here to See the Profile for sexlessape     send a private message to sexlessape   Edit/Delete Message   Reply w/Quote   Search for more posts by sexlessape
quote:
And finally, AFTER all is taken care of, trash the dealership to everyone who will listen. (This last part is a personal favorite of mine, I take great joy out of getting even)

I unforunately am more capatilistic...I'll make sure I get even, but not before I can make sure they think they've gotten the better of the deal

My own insurance company's claims representative was kind of shocked on the phone when I told them they quoted damage estimates in a $2k-$3k range and hadn't yet informed their insurance provider. I, of course, had been looking into the DC MaxCare warranties for kats, but if this damaged vehicles are what I have to look for from my local DC dealer obviously it isn't worth the hassle...

Does anyone know offhand if DC extended service warranties are limited to repairs done by dealers only or if independent service garages can qualify as the repair providers?

As I'm obviously biased against this dealer and not DC shops in general, I just wanted to check whether it's wise to "waste" that $2k+ on a MaxCare warranty to get shoddy DC service that damages my vehicle instead of saving that money and sending my kat to a custom shop. I figure if a shop is used to dealing with Lambos and Ferraris they'll be much more aware about denting vehicles then a shop that has a high turnaround of Sebrings

ed

Black Tie 161


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posted 03-05-2004 07:20 AM     Click Here to See the Profile for Black Tie 161     send a private message to Black Tie 161   Edit/Delete Message   Reply w/Quote   Search for more posts by Black Tie 161
While getting my Borla installed, the lot guy (76 yrs.old...not some kid) tried to move my car up a bit under the overhang and ran it right into the brick pillar, bending my bumper back 2 inches.

THE BEST THING THAT EVER HAPPENED TO ME.

Why?

1) They assumed full responsibility.
2) While replacing the bumper, I discovered that my MTD filter had seperated, and my engine was sucking in dirt! I would hae not found that out if the side panel wasn't off.
3) Now they treat me and my car like gold. I'm allowed in the shop and always help the mechanic bacause I know how to get the side panels and headlights off quicker...LOL.
4) Noone gets in my car now except the service manager and the ace mechanic that works on it.
5) It was an accident, and they felt bad, and I stil happily drive an hour to go to my dealer, as I have the best relationship a customer could have with a service dept.

Sometimes burning bridges can be the wrong path to go...but you have to figure out what your dealer is all about.

YellowFever
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posted 03-05-2004 07:35 AM           send a private message to Black Tie 161   Edit/Delete Message   Reply w/Quote   Search for more posts by YellowFever
quote:
Originally posted by sexlessape:
This is now the second car I've had wrecked by them, and I especially didn't want it to be my new kat.

This begs the question, "Why did you go back after they wrecked the first one???"

As far as them not giving you information or anything in writing, explain to them "politely" that they can either give you or your attorney the correct information.

This message has been edited by YellowFever on 03-05-2004 at 07:38 AM

Bob Miller





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posted 03-05-2004 07:39 AM     Click Here to See the Profile for Bob Miller     send a private message to Bob Miller   Edit/Delete Message   Reply w/Quote   Search for more posts by Bob Miller
I agree with Dali. It's imperative the Dealership understand you will go the distance with this claim and you will NEVER blow it off. If they know you are not going away, then it will be more expensive for them in the long run to fight with you. Give 'em hell and hold their feet to the fire!
dbudner

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From:Dallas, Ga. USA
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posted 03-05-2004 10:04 AM     Click Here to See the Profile for dbudner     send a private message to dbudner   Edit/Delete Message   Reply w/Quote   Search for more posts by dbudner
I had a dealer here in Ga. do an alignment and balace on my car. They had an outside company do it. When it came back, the nose was scratched from a curb. I told them it wasn't that way when it was dropped off. Believe it or not, they said no problem, we are so sorry. Let us know when you can bring it in and we'll make it right. If I buy a Viper you can bet it will be from them. The dealer was Palmer Dodge in Roswell, Ga.
catfish




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posted 03-05-2004 01:39 PM     Click Here to See the Profile for catfish     send a private message to catfish   Edit/Delete Message   Reply w/Quote   Search for more posts by catfish
warranties have nothing to do w/collision damage.do you have any very recent photos of areas before damage.you want to deal only w-gm. or owner.dont do any repairs until you have it in writing and signed by gm.or owner.take photos of damage,w date imprinted on photos.they obviously need to pay for repairs.most dealers have a high deduct,may opt to pay for it themselves.dont deal w/service manager,again see general manager or owner.any questions email me.have been thru this before.if they say they wont fix it,make sure you have photos of damage,get it fixed under your own ins.take photos while under repair.you will have to pay your deduct.tack that onto repair cost and car rental.if you need to have ir repaired right away do above,if you can wait,do that.you can write a letter,and send to 3 places.your state attorney generals office and bbb and autocap,az.has autocap,i think its nationwide.autocap is a state auto consumer action program.its very important to document everything,if you need to go the letter route.takes a couple mos to get it solved,and cheaper than a lawyer ouch. i dont trust lawyers,a bunch of snakes-jmo..if you cant find a reputable shop,call your agent,ask him to have his senior estimator call you.im sure he can recommend a good shop. good luck.

This message has been edited by jan bruggeman on 03-05-2004 at 02:03 PM

Norb Schroll

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posted 03-05-2004 01:55 PM     Click Here to See the Profile for Norb Schroll     send a private message to Norb Schroll   Edit/Delete Message   Reply w/Quote   Search for more posts by Norb Schroll
There is a fellow prowler owner that purchased a hardtop from me 2 years ago that owns a body shop in Golita, CA just north of SB. I don't know if he is still in business, but here is his info:

McLean's Auto Body
c/o Mike McLean
650 S. Fairview Ave.
Golita, CA 93117
Ph: 805 683-1551

Hope this helps!

------------------
Metalcrafters Aftermarket Accessories
"Formerly TGF Automotive Enhancements"
11161 Slater Ave.
Fountain Valley, CA 92708
Ph: (714) 444-2000 ext. 460
www.metalcrafters.com / nschroll@metalcrafters.com


MDProwler



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posted 03-05-2004 09:49 PM     Click Here to See the Profile for MDProwler     send a private message to MDProwler   Edit/Delete Message   Reply w/Quote   Search for more posts by MDProwler
Ed, after you get finished dealing withg them, give us their email address so we can all have some fun. I agree with Dali and Jan. Be persistent but calm, it pays off.

------------------
Gary K

ALLEY CAT





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posted 03-06-2004 08:32 AM     Click Here to See the Profile for ALLEY CAT     send a private message to ALLEY CAT   Edit/Delete Message   Reply w/Quote   Search for more posts by ALLEY CAT
Ed - you have enough opinions on the damage portion,,,BUT you were talking about spending 2K on the Max Care Extended Warranty. Not that expensive if you call the right person. Here is a quote from another post:

"If you are planning on keeping the cat a long time and are interested in the Max Care Extended Warranty,,,,, contact Bob Cooper at Causeway Chrysler, 1-800-259-5337 to get the best price out there on a Chrysler Extended Warranty. Many plans to choose from,,,,,I'd go with a $0 or $50 deductable. Tell him you are a POA associate. Good luck, don't wait too long."

sexlessape
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From:Santa Barbara, CA
Registered: Jan 2004
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posted 03-12-2004 03:55 AM     Click Here to See the Profile for sexlessape     send a private message to sexlessape   Edit/Delete Message   Reply w/Quote   Search for more posts by sexlessape
I'd again like to thank everyone for all of the support and advice that I've gotten here. I'm still awaiting the repair job results from the dealer. They claim their body shop (yes, I should have waited until getting recommendations from folks here) has had trouble matching the paint and has had to order from a supplier in Michigan. I've got a stock 2001 Plymouth/Chrysler Prowler Orange paint job and haven't chagned it...I only owned my kat for a month before these !@$!@!s wrecked it.

On my records, the paint is listed as only "PVF - Prowler Orange Pearl Coat". Is it even possible to order this paint from DC? The dealer contacted me and said that this paint was on order from Michigan. This is after they said the shop in town was having trouble matching the paint and was having to call DC to get the formulation. I have a strong suspicion they're feeding me a line of BS now. Anyone have any hints on how to color match the stock orange paint or is this body shop and DC dealer giving me the workaround? I personally think they should be liable for the depreciation of the resale value of my kat now that it's original and unique paint job has been damaged, but obviously this sketch dealer feels otherwise.

I again thank all on the board for the warranty feedback. I'm probably going to go ahead and grab the extended warranty coverage even if it means I need to get my kat serviced in Ventura or even down into LA. Reviewing the service contract coverage it seems that the warranty only covers service at Chrylser dealer service shops though.

I've talked to a lot of people in town, and apparently the Santa Barbara Chrysler dealer has an *amazingly* sub-par reputation. I haven't heard of a positive experience with them yet. The standard reaction I get is..."I'm sorry about the damage to your car. I wish I had known you were taking it to the Chrysler dealer beforehand or I would have told you to take it to 'XYZ' instead" followed by someone else's horror story from the same dealer

Apparanetly a number of vehicles have either been damaged by this dealer or owners have had to pay for repairs that other DC dealers have said should have been covered by factory warranty. These SB slimebags have had a horrible repair reputation and apparently have even been sued for illegal sale slamming practices according to some of my coworkers. I didn't badmouth them before this...but apparently my long-time SB resident friends have been badmouthing them for years

I'm just miffed that I brought my kat into them for warranty service on my top adjustment seeing as they're the only DC shop in town! If I get the extended coverage (which I most likely will, given feedback here), I'll have to take it at least 30 miles away to another DC dealer and shop in Ventura or further south. No way am I going to let the in-town DC shop touch my kat again. How in the name of all that's holy can DC let dealers like this exist?!?

ed

tangled up in BLUE


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posted 03-12-2004 05:34 AM     Click Here to See the Profile for tangled up in BLUE     send a private message to tangled up in BLUE   Edit/Delete Message   Reply w/Quote   Search for more posts by tangled up in BLUE
orange isn't difficult to match....rest easy....maybe that dealer can't do $hit, but others can.....my orange had the nose repaired and repainted(my son hit a cat)....the nose was split....looked perfect after the work.....friend dropped a wrench off a two story house on the decklid......had the dent repaired and the entire lid repainted....looked better than new.....the clearcoat was deeper than factory...they didn't have to order the paint from Detroit....it was mixed in the dealers backroom.....I think they are "jackin'ya"......
CJ





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posted 03-12-2004 07:46 AM     Click Here to See the Profile for CJ     send a private message to CJ   Edit/Delete Message   Reply w/Quote   Search for more posts by CJ
A good body shop should be able to custom color-match the paint, which is what will have to be done. You can order touch-up paint through Mopar, but because it was the original paint forumulation, it may not match exactly, either. Keep in mind that these cars have been around for some time, new or not. Paint fades and changes with time, whether or not they've spent time out in direct sun. Even just sitting in a dealer showroom exposes it to UV rays. We found that when we painted my side panels, bumpers and hardtop, that the paint had to be custom mixed to match the paint on my car.........because it has changed slightly. I'm sure Bob Goetz can attest to that having painted many hardtops and having to repaint because they didn't match the "original" paint jobs!!

It's unfortunate that there are dealers out there like that.....but it seems to be a common thing..........and not just Chrysler dealers. For the most part, dealers are independent businesses and I know that people think the manufacturers can control what they do, but the reality is they can't. You could file a complaint with the Better Business Bureau in your State, the local Chamber of Commerce (most of them belong to things like that), get in touch with your Regional office / District Manager and file a complaint with DC Customer Care so it is as least on the record.

Hope everything works out okay. Perhaps you can take it to a reputable body shop instead of the dealer body shop and make them pay the bill??

------------------
CJ - The One and Only
1999 Black - PPROWLR 2002 Deep Candy Red - CJPROWLN

Classic/Beautiful - I'm referring to the Cat of course!

GRROWL


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posted 03-12-2004 09:00 AM     Click Here to See the Profile for GRROWL     send a private message to GRROWL   Edit/Delete Message   Reply w/Quote   Search for more posts by GRROWL
I hope orange is easier to match than my experience with yellow.

FIRST PAINT REPAIR. A month after I bought GRROWL, my dealer couldn't hit the color in two tries in repairing some stone chips on the mirror and side panel.

SECOND PAINT REPAIR. After repainting the rear pan (panel that holds rear license plate) the shop went through the following:
1. Vendor (DuPont) mix - WAY off
2. Tweaked - a little closer
3. Tweaked - WAY off
4. DuPont sent out a tech with $20,000 a color analyzer - WORST Yet
5. Sent gascap cover to DuPont to use a $50,000 analyzer - WORST OF ALL.
6. Dropped back to #2. Insurance company wrote me a check for $6,000 to repaint the entire car (i.e., get rid of me) since their "guaranteed" shop couldn't return the car to pre-damage condition.

THIRD PAINT REPAIR. Before the 3/36 warrantee was up, I told my dealer I expected repair #1 to be made right. They subbed the car to a local Dodge Dealer. The bodyshop manager made a personal commitment to do whatever it takes to make it right. It took two tries to hit the color, can't tell the difference from factory. He said it HAD to be PPG, (original paint manufacturer) and you needed a "good color guy".

FOURTH PAINT REPAIR. Awash in euphoria from the above success (and getting GRROWL down to two colors from three), I brought the car back to successful Dodge shop to do the rear pan at my expense (actually, using a SMALL part of the insurance settlement above). THEY COULDN'T HIT THE COLOR. Trying twice per day, it took them a week to finally hit the color that second time. Same shop, same spraybooth, same "color guy".

Here's what the shop manager told me (and some comments):
1. There's minimal pearl in the yellow. That wasn't the problem.
2. Don't even try to hit a color like this without using the original manufacturer (in this case, PPG)
3. The paint is translucent and "build" makes a big difference. The factory specified two coats plus clear; they needed to go 3 to match the depth and translucency. Again, the right color-guy.
4. The paint is acting like a "flip-flop". As you move around, the color "jumps" in intensity as compared to adjacent panels (goes light-to-dark, and vice-versa).
5. If you spray from right-to-left it's different than left-to-right. Had to spray one way, let dry and compare. If it didn't match, do it again the other way.
6. He recommended against "blending" adjacent panels, as all of the other shops recommended. "If you hit the color, you don't need to blend".
7. The ONLY answer is commitment to do whatever it takes because nobody is going to hit it the first time. It only took a factory mix and one tweak the first time; it took MANY tries the second time.
8. I don't know if the first two shops COULD have hit it or not, or just gave up after a couple of tries.

My suggestion: find a shop that's committed, and know it can be made perfect.

-GRROWL

This message has been edited by GRROWL on 03-12-2004 at 09:02 AM

01BLUE
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posted 03-12-2004 10:23 AM     Click Here to See the Profile for 01BLUE     send a private message to 01BLUE   Edit/Delete Message   Reply w/Quote   Search for more posts by 01BLUE
Please tell me they are not trying time in and time out on your actual car , building layer upon layer of paint . In the long run this is a bad thing to do the paint will indeed fail due to to hi a mil thickness . I strongly suggest you have them spent the extra 1/2 hour a panel and blend the color . it will be better in the long run . By the way I no I own a body shop and do this day in and day out on all kinds of cars and colors FERRARI TO HONDA

This message has been edited by 01BLUE on 03-12-2004 at 10:27 AM

GRROWL


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posted 03-12-2004 10:58 AM     Click Here to See the Profile for GRROWL     send a private message to GRROWL   Edit/Delete Message   Reply w/Quote   Search for more posts by GRROWL
quote:
Originally posted by 01BLUE:
Please tell me they are not trying time in and time out on your actual car , building layer upon layer of paint . In the long run this is a bad thing to do the paint will indeed fail due to to hi a mil thickness.

No, the successful shop spent a lot of time on test panels - prepped the same as the car, with a hole in the middle so they could move it around over the actual paint to make sure it matched - BEFORE THEY SPRAYED THE CAR.

-GRROWL

sexlessape
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From:Santa Barbara, CA
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posted 03-12-2004 12:28 PM     Click Here to See the Profile for sexlessape     send a private message to sexlessape   Edit/Delete Message   Reply w/Quote   Search for more posts by sexlessape
Wow...thanksfor the info! This is amazing information to know. While I have a good understanding of mechanical issues, this is actually the first time any of my vehicles has gotten into an accident that resulted in this level of paint damage (well, the totaled car doesn't count since it wasn't going to be repainted anyway...). It's wonderful to be able to understand what affects the paint and some of the technical background on the process. At least now I can understand their explanation for their delays and difficulties.

More importantly, I guess I'll just have to be really patient to make sure it's done properly especially as it doesn't seem to be as straightforward as other car colors like rusted-out-el-camino-brown-and-primer. It'll be difficult to be patient since I'm already ancy to get back in for a drive...and the 70-80 degree weather in SB this week didn't help

ed

catfish




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posted 03-12-2004 01:44 PM     Click Here to See the Profile for catfish     send a private message to catfish   Edit/Delete Message   Reply w/Quote   Search for more posts by catfish
dc,doesnt make paint.sounds like b/s to me.any reputable shop will mix their nown.growl is right,spray out cards should always be used,that way ,you dont end up w/a hugh amount of paint on your car thats not needed,match ahead of time then paint.a tip, your car has ppg on it,thats a paint brand.make sure the shop uses it ,you will get a better match.

------------------

JRL

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posted 03-12-2004 06:30 PM     Click Here to See the Profile for JRL     send a private message to JRL   Edit/Delete Message   Reply w/Quote   Search for more posts by JRL
My god.
You're in CA, land of custom cars and great auto painters.
If you still are having problems, email me and I can give you some names of GREAT painters (in LA)
JRL
sexlessape
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From:Santa Barbara, CA
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posted 03-12-2004 11:01 PM     Click Here to See the Profile for sexlessape     send a private message to sexlessape   Edit/Delete Message   Reply w/Quote   Search for more posts by sexlessape
quote:
Originally posted by JRL:
My god.
You're in CA, land of custom cars and great auto painters.

And odwalla, in 'n out, and of course...vanity plates...not that mine have even arrived yet...

Right now my kat's at John Briggs Motorsports which, ironically, is just two buildings down from where I work. I stopped off to pick up my sunglasses from the console and had a nice conversation with John and he seems cool and more then wiling to treat my kat's surgery with love. Apparently this is his sixth Prowler in for paint, but it's his first orange. He already had tried PPG paint after failing with a BASF batch he put together in house but it didn't match, probably for the reasons CJ mentioned. He's currently working on a custom BASF coating. He mentioned that he thought some of the Prowlers might have had some BASF coatings on them...anyone hear of this before? Will keep up to date as to how things progress or any solution he can find.

It was still sad to see my kat sans bumper, sans taillight assembly, and with stripped paint. I felt like weeping

On an utter sidenote, he did have a great story, even if only a yarn...a few years back he had to paint an Inca Gold that had been damaged just minutes after its sale by a dealer. The buyer apparently got "excited" after agreeing to the sale and goosed one of the sales reps in exultation...who promptly recoiled in surprise and fell backwards in surprise smack onto the rear left fender while the kat was still on the showroom floor .

ed


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