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Ask HN: Customer demanding $2400 for dirt marks on driveway, how to handle this?

10 pointsby ChrisDutrowover 8 years ago
This isn&#x27;t a purely technical question but it has to do with psychological and legal strategy so I thought it might be fun to examine on here.<p>I own a mobile auto detailing company and we detailed a vehicle on a new white concrete driveway. The detailing process left some dirt splotch marks on the driveway that didn&#x27;t readily come off. (Wheel cleaner dissolved brake dust).<p>The customer asked us to come back out and power wash it, which we did. The result is that the marks are almost completely gone, but not 100%.<p>Now he is demanding that we pay $2400 to have the driveway re-surfaced or he&#x27;ll sue us. This seems extreme to me but I&#x27;m not sure how things like this are resolved from a legal basis. My best guess is that some metric would be use to calculate &quot;accelerated wear&quot;. So we would pay for a percentage of the cost of the driveway that represents the amount of wear we put on it above normal wear and tear.<p>We do have business insurgence, so I could just tell him we&#x27;ll refer this to our insurance who will likely not pay him anything since the wear is very minor. But I&#x27;m not sure what the repercussions of this could be. Will my insurance possibly decide to pay and then raise my rates? Or will they not pay and raise my rates anyway? I&#x27;ve never referred anything to insurance before in the 10 years we&#x27;ve been in business so I don&#x27;t know what I&#x27;m getting myself into with that.<p>Anyone have any insight into this??

9 comments

oblibover 8 years ago
Here&#x27;s the thing... It&#x27;s a &quot;driveway&quot; and it&#x27;s unreasonable to expect no wear or discoloration on untreated concrete (ask any concrete company if that is reasonable and they will tell you &quot;No&quot;).<p>If he was concerned about that he should have moved his car to a place on his property where this could not occur.<p>If he did not tell you that was a concern before you started, and especially if he parked the car there and told you to clean it there, I don&#x27;t see how he has a case.<p>I would check to see if he&#x27;s done this kind of thing before (and I&#x27;d be surprised if he hasn&#x27;t) because that is evidence that he purposely set you up. If he has bring those records to court with you there&#x27;s a good chance a judge would toss his case.
JSeymourATLover 8 years ago
&gt; Now he is demanding that we pay $2400 to have the driveway re-surfaced or he&#x27;ll sue us.<p>Work to turn an instance of conflict, into a collaboration. Take the emotion out of the conversation. But do try to talk this out first.<p>On this subject, Stuart Diamond is brilliant &gt; <a href="https:&#x2F;&#x2F;vimeo.com&#x2F;43817099" rel="nofollow">https:&#x2F;&#x2F;vimeo.com&#x2F;43817099</a>
sharemywinover 8 years ago
Sounds like you need to add some kind of arbitration clause to your service contract. Also, If you&#x27;ve been paying premiums for 10 years I don&#x27;t see why you would at least talk to your agent.
AnimalMuppetover 8 years ago
Do <i>not</i> take legal advice from HN (or anyone else on the internet). Ask your business&#x27;s lawyer (and your insurance company).
mrfusionover 8 years ago
What about bleach or hydrogen peroxide? No idea if that would work?
angersockover 8 years ago
Consider it 2400 spent on learning how not to fuck up a driveway--just make them sign an agreement say &quot;Hey, after this, you forfeit further claims to compensation&quot;.<p>And now, in the future, you know to put down a tarp or whatever to keep this from happening.
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DrScumpover 8 years ago
If your usage of chemical solvents was not legal (given that the waste going down a driveway would generally flow to a storm drain in most driveway scenarios) you may have other vulnerabilities here.
mchannonover 8 years ago
An engineer&#x27;s solution:<p>One can of white spray paint.
sharemywinover 8 years ago
found this stuff:<p><a href="http:&#x2F;&#x2F;www.clean-rite.com&#x2F;purplepower_driveway_and_concrete_cleaner.html" rel="nofollow">http:&#x2F;&#x2F;www.clean-rite.com&#x2F;purplepower_driveway_and_concrete_...</a>