I recently had a pickup truck sandblasted and returned to me with some severe panel warping. I noticed the hood right away when I took delivery, the owner was made aware. I paid the owner for their services ($900) before the other damage was discovered. The man doing the body work and paint arrived home hours later and informed me that the body is toast.

Media blasting automotive panels is tricky especially if using the wrong media (too coarse). Contrary to belief, it is not the heat that causes the metal to warp but the constant stream of grit that is hitting the surface. It actually peens the metal and causes it to grow in size in a non-uniform fashion. This ultimately becomes a panel that is warped to a point of no return, even with excessive amounts of body filler and hammer and dolly work.

A week later, their secretary came out to look at the truck with a bodyman of theirs. Both of them of course said the damage was not caused on their end and that the damage was existing prior to blasting. They did somewhat agree the hood was damaged by the blasting (even Stevie Wonder would know this). It is more pronounced on the hood due to the bracing, more or less acting as a backer that influenced the pattern of damage.

Every panel of this truck is in this condition and I am being told by the company a replacement hood is all they will offer. I said a replacement truck will have to be bought to move forward with this project. If you can find one, the cost on the low end is roughly $4,000. They will not budge from their offer of a replacement hood.

Unfortunately I don't have a large number of pictures that represent the condition prior to sandblasting but I feel the damage speaks for itself. Honestly anyone who sees the hood could not expect the rest of the surfaces went unharmed during this process. The hood was in perfect shape before this and I have a photo to prove this.

I would appreciate any guidance in this matter.

Unless you're able to prove the condition of the vehicle prior to blasting, it won't matter much.

ETA: If you don't have pics but still want to pursue it, you'd have to find 2 or 3 certified body men to prove beyond a doubt that the damage on the vehicle was from media blasting.

You'd also have to get them to admit that they didn't blast off any body filler when they stripped the car.

Do you have pictures prior to dropping it off that shows the panels are not warped? You may need some kind of expert witness to write up a report that the media blast caused the damage.

Good luck sucks the company doing the work should have stopped when they saw the damage they were causing, JMO...

Its also something that can happen depending on the material used, if they used Aluminum Oxide or Glass it can cause this, do you know what they use?



Link

Abrasive blasting is used for many different purposes including cleaning, stripping paint or rust, peening and preparing a surface for a coating (among many others). Usually, there is no need to be concerned about changing the dimensions of the material but sometimes care does need to be taken when blasting thin metals (i.e., auto body panels).

The picture above shows a thin metal panel on the right before any blasting. The same piece on the left was blasted with Glass Beads. It is quite obvious that the blasting process warped the metal. This was caused by heat generated during the blasting process in the spot that was being blasted and no heat in the areas nearby.

Care must be taken in the selection of media used for blasting. Aggressive media like Aluminum Oxide Grit or Glass can cause heat during blasting. While effective performing media, when working with thin metals these media can destroy the metal in the process.

Media such as Walnut Shell Grit and Plastic Abrasive Media are often better choices where warping is a concern. These softer media will also strip paint (albeit more slowly) with a much lower risk of damaging the underlying metal.

Why did you pay him $900 if you noticed right away that it wasn't right?

I think you are stuck.

I wish he would have stopped but I think the hood was one of the last items to be blasted.

I have a handful of before pictures, they just weren't taken with the express purpose of proving the prior condition.

Both doors have a big depression (1/4") in the middle, a sag essentially. There is some other clear evidence.

The roof had a large dent before but now its a mountain range up there.

This truck had 5 or 6 dings and dents but these undulating waves can only be caused by a handfull of scenarios.

The paint was original with no former body work.

I should not have paid him.

Sand was used, then the story changed to walnut shells on the hood doors and roof. Problem is, walnut does not leave a finish or color that is seen in the photos. It is a much smoother surface.

I documented a lot of course sand coming out of the rockers.

Instructions about how to try a lawsuit, even in small claims court, is beyond the scope of an internet forum. And this is not that advice and is not legal advice. Go consult a lawyer. But:

You'll need to be able to show the damage to the panels. Photos would be great, but testimony about the changes from someone who had seen it before ARE evidence. Testimony from an outsider, that is, not you, would be better than your testimony. Perhaps testimony from a body man who can say this is damage from improper blasting would work. Make sure you know how to qualify a person as an expert to the court. You have to be able to show the blaster caused the damage, too, not just that it exists.

Then you'll need evidence to quantify your damages. Outsider experts on replacement parts and their costs would be best. But documents showing replacement costs can be good, too.

Know the rules of procedure in the court you will be in. In Texas, the rules in small claims courts are greatly relaxed in comparison to other courts. Generally, all evidence (including documents) comes in, and the usual rules about admissibility do not apply. This will make it much easier for you.

Think about your claims. What will it take to convince a court or jury that they are valid? Don't waste time with irrelevant materials. Prove your damages, in dollars.

Be careful in evaluating the advice you will get in this forum. Some of it will be utter bullshit.

Texas justice courts can be the Wild Wild West. Some JPs are excellent. Others are terrible, and do whatever the hell they want with little rhyme or reason. JPs do not have to be lawyers.

Consider, very carefully, whether the defendant will ever pay you, or even be able to pay you if you win. Winning a judgment is one thing, but collecting it is a whole other thing. There are many winners at trial who never collect a penny. There are, of course, means by which to enforce judgments, but they are whole other legal proceedings after the main trial if needed. Don't assume that at win at trial will get you a check promptly. With a small shop on the other side, the opposite is probably true. The loser can always appeal a JP court award, which is an appeal to the county court at law, where the appeal consists of retrying the whole case, from scratch, this time with ALL the rules of civil procedure in full force. (Remember, you don't know those rules. At all.)

If this really matters, consulting with a lawyer makes a lot of sense.

quote:

Originally posted by jhe888:

Be careful in evaluating the advice you will get in this on ANY forum. Some of it will be utter bullshit.

FIFY

I used to have to tell people from time to time that they should have called me before going the DIY route in small claims.

jhe888 speaks the truth. See my signature line.

-Rob

quote:

Originally posted by BurtonRW:
I used to have to tell people from time to time that they should have called me before going the DIY route in small claims.

My general rule of thumb is if it occurs to me I might need a lawyer, I need a lawyer

I dont plan to go hard charging into court with anything I read here, I just want to get a feel for what is involved in the process.

Im hoping a simple demand letter will get some cooperation honestly.

Thanks for the comments so far.

Go sit thru a few cases in your county and you will see what kind of show magistrates court can be.

quote:

Originally posted by Shaql:
If you don't have pics but still want to pursue it, you'd have to find 2 or 3 certified body men to prove beyond a doubt that the damage on the vehicle was from media blasting.

I'm not a lawyer so consider the possibility that the following is utter bullshit. The burden of proof in small claims court does not rise to the level of "beyond a doubt." You merely need to have a preponderance of evidence—that's just tipping the scales. (At least that's what Judge Wapner used to say.)

I don't practice law in Texas so I can't help any as to local issues. If I was trying to bring this case in court I would find someone good who does the same work to testify that the damage was caused by the media blasting to prove liability. I'd also get an estimate to repair it (which will exceed the cost to replace) and several ads for local, comparable trucks to establish the cost to replace it.

Before you go that route - do people who do this work have to be licensed in your area? If so, you may be able to push some buttons with the licensing agency. If not, see if there is a state or local agency that advocates for consumers - in Florida we have a couple and they can create meaningful leverage if you get their attention. Finally, see if there is a state law that requires them to disclose their liability insurance carrier to a claimant - most states have them. If so, write them a certified letter asking for that information (or whatever method the statute says). Just the thought that you might make a claim directly might make them more reasonable.

Before doing any of this, see if you can get their offer to replace the hood in writing. Once they admit that some of the damage is their fault it will be harder for them to get off the hook for the rest. It's not conclusive but it's something in your favor. They aren't going to do that once you start any of the above so do that first. Do not agree to accept the offer, just get them to make it in writing.

Why not start with a claim with their insurer?

Hire JHE888!

I have a contacted several other businesses in the area that perform this work. The few I sent pictures to agreed the damage was from blasting. I have a good resource that may cooperate and serve as a witness.

I like the idea of getting some acknowledgement of damage, even if specific to the hood. The sandblaster did talk about used truck values and argue with me on their used market value and so it would seem they are at least thinking there is more damage caused by their work.

I've explored the idea of contacting their insurer directly.

I hope to use all of my information to get to a solution outside of court if possible.

quote:

Originally posted by a1abdj:
Why not start with a claim with their insurer?

There is not insurance for fucking up a job.

quote:

Originally posted by jhe888:

quote:

Originally posted by a1abdj:

Why not start with a claim with their insurer?

There is not insurance for fucking up a job.

E & O?

I was very successful in small claims court as a teenager, but it was against an older woman who did something stupid pulling out of a parking place and almost tore the door off my car (would have a modern car, but ‘69 Chevelles are a little tougher. I had pictures showing the parking space, pictures showing the damage, a diagram showing what she did. The judge took it under advisement (which I think means I’ve made up my mind already but I don’t want one of you pissed off in my courtroom) and sent his decision by mail a month later. She lost, had to submit to her insurance (what she was trying to avoid in the first place) and they paid.

Your situation sounds a lot more complicated. I’d think even if you decide to go the small claims route, it would be well worth getting the advice of a lawyer. Beyond that, jhe888 raises an excellent point about enforcing the judgement if you get one.

Sorry you’re in this boat. Good luck!

dont waste your time at small claims court, even if you win you will have to go after them for your money, it's not like they will hand over a check after the hearing. I went thru this a couple of years ago, without a 100 page iron clad contract you will get nothing but frustration. they also have the right to ask for a jury trial and at that point you will have to lawyer up not worth the 4 k.