Legal Advice?! Overspray on new 07

This is the continuation of a previous topic (Permanent dust), which was when the incident happened.

(Click to enlarge)




I washed my 07 Mag grey prius, the following day I come out of work for lunch to find my car was covered in a fine misted dust of white paint, from the painters trying to paint the fence. The ones at fault, my work, had their facilities manager on site saying how sorry he was and asked if we wanted to have a guy coem out and clean it or if he wanted us to take the car to get 'cleaned' and have him take the bill. I said the former if it would be easy because i didn't wanna deal with it... day ends and I find out it's not coming off with soap and water. So I get in touch with a company who could do the work (overspray.com) who tells me that my job will likely get a cheap contractor to do the work and in the process damage my car with scratches and such. So I go to Toyota's body/detail show and get an estimate. Thing comes out to almost $4,000 as they threw in the works; rentals, replace all affected panels, clean everything with wetsanding and buffing (which ruins one layer of clearcoat, which I shouldn't have to use up in the first place) and I go on my merry way. Next week rolls around and they have their 'guy' come in and do one of the many cars affected. Their cars are old and their glad just to see their vehicles shined up. Theres another new car other than mine in the mix. This guy got his car same time as mine, two months ago, and is with me on our seriousness for getting proper treatment. Anyways I gather up the rest of teh guys and we go to the facilities manager and tell him how we feel. He throws the confidence of the lord on us and sends us on our merry way. I decide I can see for myself if things will work with this 'guy' or if I will have to raise some hell.. or... something. So the first few cars get done, as I said. They didn't care if I little was left on the rubber and their trim/panels, but I. Did. New car comes up, not mine but the other gentleman's. His is worked on for many hours and as work ends we come out to inspect the work on his new car... the first words out of his mouth was "..they %#$^ed it up." and he pointed out two scratches he noticed. In the light I saw the body of the car had small scratches all over, like an old CD under reflection. Not to mention a lightening on one of the black panels where the 'guy' used thinner to get the paint off the panel on the door (oh and razorblades were used on the windows, FYI, if anyone is curious).

This is as work ends, so i'm forced to go home. I give my number to the new car owner to call me so we can discuss our next options and what to do. I call up my insurance and am told what I thought; my rate will go up if I do this with them and I might even get dropped for being so new with them. Ouch.. though not likely on the drop the rate increase will hurt, especially if I go with toyota's estimate of nearly $4000.

So here's where I stand.

What do I do? Legally.. what Can I do? Contact a lawyer? I can't FORCE the facilities manager to just accept my proposal to take it to toyota... oh did I mention their 'guy' was real cheap at $90 a car? Yeah..... Real great deal there....

I'm stuck. I'm young and not too experianced at all this so I'd like to ask fellow Prius owners for advice on this matter.

They have not touched my car, thankfully, yet (if at all).

 

UPDATE: I spoke to my father who works at a lawfirm and he said my insurance rate can't go up for something that's not my fault, that it's illegal. He said he would call my insurance HIMSELF saying his firm represents me to tell them that they couldn't do that and even though they said the rate may go up that they should know that i'm not an idiot and know better.

I need to speak to him more (he lives 200 miles away) and get more information, but basically i'm going with my insurance, paying my $500 deductible, and going on my merry way as they sue my work and get their money back.

 

<div class='quotetop'>QUOTE(hill @ Sep 5 2007, 06:37 PM) [snapback]507542[/snapback]</div>

Sounds great, now if there's a way to get out of the $500 deductible....

Oh and, for everyone who waw this topic before this post: Pics added to attract new viewers. People like pictures. Time to go take care of my leather to pass the time.

 

<div class='quotetop'>QUOTE(JimN @ Sep 5 2007, 08:44 PM) [snapback]507644[/snapback]</div>

I don't know how to come off as demanding like that to them. What card do I hold to have them come my way like that, threat of a law suit? I guess I could do that, but for that one would go to their insurance to do it for them, no?

How would I achieve this end?