Caliber Collision Center Damages Car Brought In For Repair

Sean’s car had a blowout over the Easter weekend, and he had it towed to Caliber Collision Center for repair. Three weeks later he “forcefully retrieved” it from their lot—they kept telling him it wasn’t drivable due to “very serious suspension damage,” but he visited the shop in person on April 11th “to find that their shop gate is wide open, and my vehicle is unlocked.” Now there are scratches on the bumper and one of his speakers has a hole in it, and when he called USAA to complain he was told the scratches would constitute a second comprehensive claim within a month and that his premiums will consequently go up.

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I am Writing from Austin, TX. My car goes into the repair shop for a blowout; comes out with over $2500 worth of physical damage that happened at:
 
Caliber Collision Center
12322 Highway 620
Austin, Tx 78750
 
Back story:
 
I work 3 jobs, Tech Support for a Networking Company, in the National Guard for 4 years, and also as a Circuit City Firedog Car Installer. So I should know about cars, if I didn’t I would be causing damage to vehicles, and I would be negligent for damage. It took me 1 deployment just to buy my car, and 1 repair company to help destroy it.
 
I had a blowout on 23 March 2008 on Easter. I had my car towed to be repaired; this is what happened at the repair shop
 
I forcefully received my vehicle on 11 April 2008, and after a close inspection, I saw that the Body shop had hit my car.
 
On 11 April 2008 I received a call from the repair facility. Bill King stated that they had lifted up the vehicle and had noted “very serious suspension damage” and that “there is absolutely no way this vehicle is drivable.” So later that evening after I got off work at 7pm I go to their repair facility to find that their shop gate is wide open, and my vehicle is unlocked. Under Duty of care I know that if anything happens to my vehicle that they are held liable. I mean who would leave a 33k car unlocked and open.
 
I was able to take photos of the vehicles underbody to send to my insurance company and leave that night, knowing that there indeed is not any damage, and that they are forcing me to pay out of pocket for all this. Friday morning rolls around, I talk to the great Bill King my adjuster, and I mean scammer. He once again tells me all the extensive damage to the suspension and that there is absolutely no way that this vehicle will roll. I calmly state that in the state of Texas, I have the right to take my vehicle to any repair shop of my choice. 5 minutes later the Center Manager Jason Fohn approaches me, I once again state I want my vehicle now. He drives the vehicle up. I say “Wow its amazing, the vehicle is drivable.” And I am off to NTB for my free alignment. 3 hours later at NTB the employee and I both walk the underbody and see that there is minor superficial damage, no damage that would affect operation of the vehicle.
 
Later that Day I wash the vehicle, which is when I see that Caliber Collision had hit the Vehicle from behind. I call up USAA and they say that is another Comprehensive Claim. Great 2 Comprehensive claims in a month, now my premiums will be as much as my mortgage. I call Caliber Collision and tell them that they struck my vehicle causing $2500 worth of damage. They Deny Deny Deny, until they see the damage from the before and after photos of the vehicle. But they deny the $1200 worth of damage to my Car Audio. The vandals had successfully punched a hole in 1 Sub and the other one was removed; now neither are working.
 
Center Manager Jason Fohn’s Analogy Response: “We can’t cover you car audio, that’s like a restaurant being held liable for a break in their parking lot.” Are you serious? Did you fail English? Anyone can see through this argument, Analogies are supposed to relate to one another. Why would a restaurant have possession of my car and leave it unlocked? If a Restaurant had possession of my vehicle, left it unlocked, and it was broken into, they would have to cover it, it’s called negligence.
 
Now I am forced to pay my deductible x2, use my insurance, and pay higher premiums, all over someone else’s stupidity.