A BC driver sued an auto body shop by claiming it damaged her car’s convertible top in a BC Civil Resolution Tribunal dispute that involved a lot of back-and-forth arguing.
Cheryl Stein claimed $2,999 in damages for repair costs and mental distress.
In response to her claim, PS Motors (PSM) says Stein caused the damage by operating her convertible top when instructed not to.
The tribunal struggled to determine whose version of events was more accurate, but it eventually came to a conclusion.
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Stein brought her car to PSM on April 13, 2021, to have her left rear window regulator replaced. The tribunal decision states that one of the convertible top’s lift rods broke while PSM was replacing the sensor.
PSM and Stein agreed that she would pay for a new lift rod, and PSM would not charge labour to install it.
The next day, Stein returned to have her lift rod replaced. She requested that the PSM employees not enter her car because she was concerned about COVID-19.
Instead, Stein entered her vehicle and followed instructions.
While both sides agreed that she lowered the top, which damaged other components, both sides argued about whether or not she had been instructed to lower the top.
Stein says that PSM told her to lower the top. PSM says they told Stein not to drop the top.
“The parties give conflicting descriptions about this incident,” the tribunal decision states.
“Given these conflicting stories, I must decide whose evidence is more credible.”
The tribunal notes that little documentary evidence supports either party’s version of events.
PSM pointed to its mostly positive online reviews for evidence, but the tribunal stated that those reviews did not mean anything when coming to a verdict about this case.
Ultimately, the tribunal suggested that it was unlikely that Stein would’ve been instructed to lower the top while missing a lift rod.
Due to Stein’s unproven claims, the tribunal dismissed it and her other claims against the BC auto body shop.
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