Car Stereo Company Tries To Install GPS, Causes $12,398.54 Damage To Your Car
Reader Brandon took his recently purchased 1996 BMW M3 to a car stereo installation company to have a stereo, speaker set, and GPS system installed. When he got his car back, he noticed that the climate control system was no longer functioning the way it used to. Hot air was leaking from his air ducts when he selected cold air. After a few unsuccessful attempts to get the car stereo installation shop to repair the damage they caused, Brandon took the car to some BMW experts and found out that the botched installation had caused over $10,000 in damage to his car. Brandon then tried to get the car stereo shop's insurance company to pay for the repairs, but they denied his claim on the basis that procedures used for the installation were typical. Brandon says he then took the car stereo shop to small claims court. but the judge ruled against him because the car stereo shop employees claimed that he entered into a oral contract to release them from liability in exchange for a partial refund. Brandon claims he never entered into such a contract. Read his story inside.
Here's Brandon's story:
I took my car to The Car Stereo Company in Los Altos, CA back in November of 2007 to get a stereo, speaker set, and GPS system installed. I met with a salesman who was very nice at the time, and convinced me that their shop would be able to do a good job installing these components. They informed me that they did this same type of installation before on another BMW and that they knew what they were doing. I scheduled an appointment early the following week to bring my car in for installation.
After I got my car back from The Car Stereo Company, I noticed that my climate control system inside my car wasn’t acting the same way it did before the installation. There was hot air coming out of the air ducts when I selected cold air. So, I took the car back to the store and asked them to take a look at it. At first, they were very agreeable to at least try to fix the problem, but they weren’t able to do so. I took my car back to them subsequent times to allow them the opportunity to fix the problem, but they just didn’t have the skill and wouldn’t admit it. At this point, the salesman was getting annoyed with my frequent visits. They had spent a few hours trying to repair my car unsuccessfully, and thought that they were now doing me favors by accommodating my requests to fix what they broke. In fact, a couple times when I brought the car to them to mend a problem that they caused, I got the car back with another item broken. For example, one time they tried to fix the hot air problem in the car and when I got the car back, the LCD on the climate control module was broken. When I brought this to the installer’s attention, he had the audacity to accuse me of damaging it myself. By this time, I realized that there was something seriously wrong with the work that this stereo shop performed, so I met with some professionals at Stevens Creek BMW in Santa Clara, CA. They work with an experienced, BMW-specialized aftermarket stereo installer and upon first meeting with him, he was able to determine the source of the problem with my climate control and also pointed out several other parts in my car that they unnecessarily damaged. The main problem was that the heater core housing had a huge hole cut in it. The heater core housing holds the heater core, which generates the heat for the climate control system. It regulates how much heat gets sent into the car. With such a large hole cut in it, the climate control system couldn’t operate normally. That explained why the air vents were incorrectly supplying hot air.
As a result of these findings, I decided that I did not want to have anything to do with The Car Stereo Company anymore. They were also becoming very difficult to deal with, and wouldn’t own up to the damages that they caused. I went to their store and asked for a refund so that I could take that money to go get the car put back to stock condition. They decided that they would give me a refund, charge a 20% restocking fee, but would not refund the labor fees. In addition, they added writing on the back of the refund check that would release them of liability of the damages if I endorsed it. So, I decided not to cash the check. After getting legal advice, I decided to go through my credit card company instead to get a refund for the merchandise.
So with this small amount of money in my hand, I thought I could go get my car fixed at Stevens Creek BMW in Santa Clara, CA. Yes, it was a little naive considering nothing is cheap to fix on cars, but the damages didn’t look that bad to me. Apparently the job is very labor intensive. The heater core housing is located pretty much in the center of the car, and it takes several hours to remove the necessary parts to get to it. There were also other things that BMW pointed out that were damaged. They came up with the attached initial estimate of $3,600 in labor and $8,053.91 in parts. I was dumbfounded and heartbroken that my poor car was in such a sad state. I couldn’t pay for over $11,000 in repairs on my own, nor did I feel like I should have to since the stereo shop caused all the damage! I’m sure you might be a little skeptical about how necessary this repair work was, and you’re wondering why it’s so expensive, but I got another estimate from an independent German car mechanic confirming the same findings. Not only that, the exact same thing happened to a Honda Civic owner when he took his car to a Circuit City and it cost just about the same amount to fix the car, as detailed in this article also posted on Consumerist.
So, after talking with a lawyer, he suggested to me that the best way to get the money for the repairs would be to sue the company in small claims court. I followed all of the rules and suggested steps for this process. I began with a demand letter. This was a good way to keep the matter out of court and let them know that I felt that they owed me the money without making things too complicated. After receiving the letter, The Car Stereo Company immediately turned the issue over to their insurance company. I struggled back and forth with their insurance company, and they ultimately refused to cover the claim. They claimed that I was aware that modifications would have to be made to my car to accommodate the stereo, and the procedures used for installation were typical. However, I was not made aware that anything would be damaged in my car, nor that the functionality of the car would be impeded as a result of this installation. Also, as BMW later informed me, the procedures they used to install this stereo are not advisable. And as I already mentioned, another independent German car mechanic confirmed BMW’s findings. I also got a letter from BMW, the German car mechanic, and the BMW-specialized aftermarket stereo installer agreeing that my demand was justified (see attached documents). At this point, I felt my only real option was to take The Car Stereo Company to court. They took no action after their insurance company denied the claim. I wrote up the court papers and had them served and waited for my court date.
The court result, as I’m sure you can guess since you’re now reading this article, didn’t come out in my favor. The judge said he was about to award me money for damages, but later changed his mind. I lost because (as the judge put it) I entered into an oral contract with The Car Stereo Company, and most oral contracts are binding in California. The contract that the judge said we agreed to was that I would pay for the damages on my own if The Car Stereo Company issued me a refund. I had no idea at the time I asked for a refund that I was entering into any sort of contract.
I explained to the judge that I also didn’t know what the cost of the repairs would be at the time of this conversation and that if I knew how expensive they were, I would never have even considered footing the bill for the damages. However, as many people know the law doesn’t always follow common logic, so that didn’t matter. What also didn’t help my case was that two of their witnesses (an installer and a salesman) said that I said to them, “I release you of liability of the damages to my car.” This crushed my case, and I told the judge that I absolutely did not ever say that to them. Honestly, who speaks in those terms anyway? The judge said he believed them and said their argument was more credible since there were two of them supporting their side of the story and I was the only one supporting my side. I explained that the witnesses were biased because they worked for the owner of the stereo shop. The judge’s response was, “They don’t look biased to me.” I couldn’t believe it. So, needless to say I was again dumbfounded by yet another ridiculous event in this whole debacle. That’s where the story leaves off. I couldn’t believe they got away with it.
Brandon also included the final repair bill and a letter from a car stereo installation expert describing the damages to his car.
GALLERY
END
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Comments:
sounds like its time to turn it into a track car...
if you buy a stereo from crutch field, they send you a complete instruction set how to do it. Anybody can install a car stereo. Match the colored wires. Screen in the kit they send you. pop it in. Wait for it to be stolen. Pretty easy cycle.
FTA:
They came up with the attached initial estimate of $3,600 in labor and $8,053.91 in parts.
Any chance those two totals are reversed? Labor is usually the killer in these instances, figure something like $100/hr to sort out someone else's hack job.
In either case, $11k sounds a little bit like "go away" pricing to me. (i.e., this is the price we quote to make people go away, since we don't actually want to do this job...)
What's the name of the incompetent small-claims court judge? He's a moron.
Hmmm.... Consumerist is failing because not all the story is in the blurb. I was going to say "What a Crock," but the fact that the installer admitted to the mistake and refunded the installation money changes the whole story.
@Bladefist: Hear, hear. I've bought at least 4 head units from Crutchfield over the past 13-14 years. Every time they're not the cheapest. Every time they're the best, though. All DIY with great instrux, and I still use some of their free tools for other projects.
Is a 1996 M3 worth $12,398.54? I'm just saying ;-)
Betcha, the old radio sounded pretty go about now.
Seriously, the problem is most laws only protect you for the costs of the items being installed and all the related charges, of course nobody plans on this level of damage.
Didn't something like this happen to a Honda and also get covered on Consumerist last year?
That sucks, but if he's lost in small claims court, he probably doesn't have a whole lot of options.
I have installed my fair share of car stereos and can attest to the fact that cutting a hole in the heater core is in no way part of a "typical installation".
whups, OP mentioned it in his looooooooong article.
Why on earth would you pay that much money to have something like that done on a car that is 12 years old? Buy a Garmin and stick it to the windshield and be done with it.
This is Kafkaesque.
Their job is to install stereos. How are they not liable and responsible for their work?
Stand outside with fliers! Nobody will get a thing installed there if they find out what happened.
Also, I'm glad I read this. I will never take a refund from a company if they are liable for damages. I'll grab the repair fees AND refund in one swoop only.
"the judge ruled against him because the car stereo shop employees claimed that he entered into a oral contract to release them from liability"
Then the judge is a bloody idiot. Oral contracts aren't worth the paper they're not written on.
@Geekybiker: Yeah, those in CA who file small claims and lose can't appeal. :( For that much money, I wouldn't trust myself to win.
the moral of the story is:
"always talk to an authorized service technician for YOUR specific model car if you want any fancy-pants gadgets installed"
I don't know how it works in California, but in Wisconsin, if you lose a small claims case, you can appeal by demanding a trial. I think you have to appeal within 15 days, but it is possible. This is a great guide to Small Claims Court: [www.wicourts.gov]
Ok, the judge is an ass, apparently.
If the no-loads at Car Stereo Company can tunnel into his dash and cut away at the heater core (and still make a profit doing it) how come the BMW folks have to dissassemble the entire vehicle? There must be an alternative to replacing the entire climate control system. This is a 12 year old car, plug the frickin' heater core and send the OP on his merry way. Assuming the car still accelerates like a bat out of hell, he doesn't need A/C anyway.
@prndl-can't change his avatar!!: Probably around 10k.
Anyway, I thought you could only get a max of $7,500 in CA small claims. Should have had a full lawsuit.
That whole thing about the "oral contract" sounds weird though. I ONLY believe in written contracts.
Yeah, you accepted the refund. Don't expect much after that. You thought something might be wrong, so you asked for a refund. Now you know: if you ever expect something is wrong, switch to dispute mode. Don't give or accept any form of payment until you have come to an agreement with the other party. If you can't settle things face-to-face, then hire a lawyer.
As for the verbal agreement. Two against one wins. They may be biased in favor of the shop, but you're biased in favor of yourself. As an impartial judge, how do would you lean?
@mariospants: You don't even need to plug it. You just pull the input hose, loop it back to engine, and bypass the whole issue.
another example of our failure of a judicial system.
I like the blame the consumer mentality. It's really his fault for not doing it himself.
But really, I thought there were limits on small claims suits- anything larger has to go to a real court.
So, the point of the story was that because he accepted the refund check, that absolved the repair shop of guilt?
Whats with this oral contract shit anyway?
Lastly, it sucks that we put our faith in judges, who really just want to get through the day without a fuss, and dismiss common sense items to save some time.
Lazy, lazy, lazy.
As an impartial judge, I'd lean toward the person whose claim is not ludicrous, not the person with the most friends.
@Ash78: Too bad BMW is a British Car, not German.... B-British... M-Motor....W-... im not sure what the w stands for but its probably Works?
A few years ago I took my VW VR6 Golf to Big O Tyres (or "Tires" as they wrongly spell it) in Tarzana Ca.
I went off for a walk, got some coffe, read the newspaper. I came back, drove away, and noticed the ABS and checkengine lights were on.
I drove back to Big O and talked to the monkey that had installed the tyres, who denied they'd done anything wrong, and that the ABS and check engine lights were on when I brought the car in..
I asked to speak to the ugly boss chimp thing, believeing that reason would prevail.
You'll never believe this. The chief chimp insisted that i was the kind of asshole who would bring a car into his establishment knowing the car was faulty, and then attempt to pin the blame on their workmanship.
So of course I took it to the local VW guy and was further out of pocket, although it turned out all they'd done was knock one of the ABS sensors askew. As for the check engine light, it remains a mystery how the tyre guys caused that to come on, but my VW guy fixed whatever it was.
I have to wonder how many people are getting screwed by clumsy or lazy "workmanship" not just in the US, but all over.
If I took as little pride in my work I would be out of a job.
I wouldn't take that kind of crap,but im big & very violent,i would have made them piss blood if they didn't pay for the repairs.It always works for me.
"they don't look biased to me"
what judge would actually say something like that?
"well he doesn't LOOK like a serial killer."
@aspie32: Not to blame the OP here, but there is pretty damning evidence that he at least considered accepting the refund and releasing them from liability: the fact that he accepted the refund check with just that wording printed on it.
The fact that he didn't cash the check only means that the contract never changed from an oral to a written contract. But if a judge had to decide if he had agreed to take the refund in lieu, having accepted that check is pretty difficult to explain.
@etaripamai: was that facetious?
Bavarian Motor Works (english)
Bayerische Motoren Werke (weinerschnitzel)
that sucks butt..
German cars are known to be very challenging, and why would you agree to something like that? Ignorance does not justify redemption.
that's like homeowners saying.. I agreed to the terms of my subprime mortgage but i didn't understand them.
WELLL DUHHHHHH
Time to grab a brick...
I love the "restocking fee."
If you buy merchandise that is defective, or improperly installed, or suffer damages as a result of your purchase, then you don't have to pay a "restocking fee." Period.
@etaripamai: Too bad BMW is a British Car, not German.... B-British... M-Motor....W-... im not sure what the w stands for but its probably Works?
FWIW, the Germans have taken the honorary Lucas electric torch from the Brits and keep it going to this day. So for those not fortunate enough to have an MG roadster, they can always find a late model VW or Mercedes to keep the fun coming :D
(in case you weren't joking there, Bayerische Motoren Werke)
@etaripamai: omg are you serious?
Bavarian Motor Works or Bayerische Motoren Werke in german.
You sir are either being sarcastic or stupid.
@fostina1: Anyone else remember the Dana Carvey stand-up about the judicial system? "Joodishul Syzmmm"!
This is exactly why I did my own installation when I bought a new stereo for my car.
@layabout: Reading back over this thread, I'd say the etaripamai pile-on is sufficiently complete :D
IANACAL but why file in small claims when your claim exceeds the limit of the court and doesn't allow you to take an appeal as a matter of right? Hate to blame the OP but that's a pretty bonehead move.
These guys should just not attempt what they can't do. Especially on funky German cars. You're entering a world of pain (a what?) A world of pain.
/funky german car owner