Ethical Dilemma - what would you do?

[outdoorplay]

Originally Posted by frizfreleng

You met him at the RV park where he was working. What am I missing here? He is a employee of the park. He worked on your vehicle on the park's property and he is employed by the park? You may be barking up the wrong tree.

I really hope I am miss reading this.

so let me get some clarity,
yes, he works for the park,
he did a side job on the property where he works,
This is what you're stating right?

one point you miss to point out was he Lives on the property.


I really hope you are not suggesting going after the owner of the park,

[IamCarbon]

Originally Posted by Jim_HiTek

Okay, thanks for the replies. I like the 'forget it' suggestions as I was already leaning that way. And the recommendation to leave his boss out of it, hadn't considered that angle but it makes sense as it was a side job.

BTW, if you'd seen the work he did, you wouldn't call him 'under-qualified'. He does an excellent job. And not just on mine either. Also did great on the several others I'd seen him do.

Maybe I'll ask him for a free wash, wax, and buff or two but not press it as {shrug} wouldn't likely happen twice a year over the next 3.5 years. Even if I'm still RV'ing. Letting him off the hook appeals to my nature anyway.

I think you will make the right decision and forgive him. The cash is already gone, You and the Mrs are healthy. Life is good.
I think forgiveness will make you feel better is the long run. And you can save him a few miles of running tring to dodge you.

[jondrew55]

Not much different than hiring a handyman to come by and trim your trees instead of paying 2 or 3 times as much to have a licensed, bonded pro do the work. You're on the hook for any damages to your house and your neighbor's, and also any injuries the guy might incur. But I realize people make that decision and do that all the time.

As far as letting go of this situation, I know I'd let it rest and call it a lesson learned. Even in small claims court you'd probably not win since you did not actually see it happen. And just letting it eat at you is even worse than the money part.

My 2 cents

[RickSP]

In all honesty, you took a chance hiring him. He took a chance by taking the job. Call it a day. He’s got no insurance to fall back on, and he can’t afford to pay you for the accident. You’ll get far more psychic value by letting him know that you are over it. He will be released from the guilt he feels when he sees you. You will be released from the frustration and emotional upset you feel when you see him. Let it go. It was an accident. That’s just my opinion.

Originally Posted by Jim_HiTek

Last November I hired the RV parks night gate guy to wash, wax, and buff my RV and car. He works and lives in an RV here in the park. He and I are acquaintances, nothing more. Meet, greet, exchange pleasantries, move on.

What happened during the time he was buffing the RV as I was sitting at the dinner table with the front curtains closed and sun blockers installed behind the big front windows of my Class A (to keep out the heat of course), was I heard this loud banging and what not up front. Didn't really think much about it at the time. Loud enough that I noticed it but not loud enough to make me get up and go talk to the guy. I felt I knew him well enough that if he'd scratched the paint with the ladder he was using or something, he'd let me know.

After I paid him, it was a few hours before I noticed a crack from the top to the bottom in the drivers front window. By now, he was in the guard shack working so when I returned from an errand, I mentioned he owes me for the broken window.

After his shift he immediately comes over and insists he didn't break the window. That he'd avoided standing on the top front like I'd warned him about. I agree he didn't stand up near there on top of the RV as I could hear him when he walked up there but the window didn't break itself!

I later borrowed a ladder and found swirl marks in the window like from a buffer someone had accidentally lost control of when they may have lost their balance on a ladder or something and was flailing around with it and it hit the window while rotating (took a picture of that).

Argued with him a bit and told him things weren't over that I'd have to get it fixed to know the costs. Drove down to an area where I knew I could get the window replaced and had it done a month later. I have $1,000 deductible on my insurance that I didn't realize affected what I paid. I thought it might be all paid by insurance but it wasn't. So it cost me $1,000.

Than when I returned, couldn't find the guy anywhere. He'd disappeared. So I only stayed a couple weeks, than headed up north as usual. AND Covid-19 had hit by then so it was a dicey time and I thought he'd run.

Stayed up north until a couple weeks ago and came back. AND he's here again. But he tries to dodge me whenever he's at the gate and I drive in or out. Even going so far as leaving the gate open so I don't have to stop when I return from an errand. So I don't really think he has the $$ to pay me back.

Here's my dilemma, I'm not broke. By all appearances from what I've seen over the years is that the guy isn't really all that rich.

But...$1,000 is a bucket of money, one's anyway.

Should I threaten to sue? Threaten to go to his boss here at the RV park? Insist on getting free wash, wax, and buffs from now on, twice a year (value is like $135 counting supplies), keeping in mind he broke my window with his buffer so would not want it to happen again. Or just forget the whole thing and let the guy off the hook?

What would you do?

[bneiva]

I had an employee create a very expensive re-work repair because he overlooked a very small but critical detail in a drawing. When another job came along that involved this same procedure, I had no doubt in my mind that he now the most qualified person to be assigned to the job

[TheWoodBoss]

Just move on and do not have him give you a free wax and wash, something else is bound to happen .... it's an expensive lesson learned.

[nehog]

IMHO...

1. You were not supervising him directly... And,
2. You don't know exactly what happened... And,
3. I don't think a buffer alone would cause a windshield to break...

I would say "water under the bridge" and let it be. Small Claims court would require you to show he was either intentionally damaging your property (not going to happen) or was negligent (you have no evidence he was, you were not there and witnessed any negligence) so odds are the judge would simply say "that's life, you can't show the windshield would not have broken the following day..." Add to that as you mention the guy probably has no money--even if you won (unlikely) the odds of actually collecting anything are remote (no court is going to do any more than say he lost...) and collection costs would easily be significant without ever even actually collecting! Add to that the bad will with the campground, and you should ask "Is it worth it?"

Oh, on deductibles: you choose them, and when you do the implicant condition is that you agree to that as being reasonable. Personally for glass I'd rather have a zero or very low deductible as glass damage is probably the most likely claim you'll have!

[2upServant]

I would have a conversation with the person letting him know that he did indeed cause the damage as you saw the evidence. he must be feeling some level of responsibility as he is ducking you. if his work for you was not paid to the park then paid him I would not involve the company. they would only need to know if he somehow represented them as he did the work. Lesson learned as my wife tells me very often you get what you pay for.

[King Richard]

If you feel better thinking of court, watch some of the court shows. It sounds like you think he did it, but can you prove it! even if he bounced the buffer.. did you see it? Did anyone see it? how must he feel in fear of you coming after him and the financial loss he may face. is he legal? maybe you'll have him deported. Imagine how he feels. If you let it go.... let him know maybe he will give you a freebee to be rid of the fear

[Dr. Mike]

Originally Posted by crb478

Run him down, buy him a beer, and never let him near your RV again! Don't even bring up the incident and don't make a enemy you don't need. This one is as much on you as him, and it sounds like you can absorb the cost better. Nothing in life is fair!

Oh and I am not the forgive and forget kind, but really what do you think you could gain.

Besides that Mrs. Lincoln, how did you like the play?

In other words, how was the wax job? Did he do a lousy job or was it well done with a small issue?
If he keeps dodging you, send him an invite (on a card) via one of his coworkers. Let him know that all is well. 2020 was a bad year. Start this one off on a good foot.

Best to all

[AirBossdavid]

Sounds like you already made the decision..... but It is likely he can't afford it, does not have the money and would not be able to raise it if you sued. He likely feels awful about it every time he sees you. You could cause him harm and difficulty if revenge is your goal, but honestly if you want revenge against a guy because he tried to hide what he did you are not a nice person and it sounds like you are a nice person.... so not an option.

I would forgive it, I would have a short heart to heart with him where you tell him you feel he is responsible for it but you also don't feel comfortable hitting him with it so you are going to forgive the $1,000.00.

You will feel good about yourself, restore the friendly relationship and he will always look out for you, always do a bit extra for you, and you can smile when you look in the mirror.

[franklin99]

I would let it go. It would be too much of a hassle trying to get any money out of him if he didn't offer to pay you in the first place.

[JorgeS]

Offer to let him work it off.
Remind him it happened when he was doing the work, but that you're willing to accept his work to make things right. If he's as good as you say, compliment him on being good at it, and decide how many times it will take.

[Newmar nut]

I'd be pissed and let it go. If a semi through a stone and cracked windshield..what would you do...**** happens out of your control, can't blame a guy trying to make a few extra bucks..maybe a beer together to get the truth...and move on.