If a body shop has damaged my car, what shouldI do?
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If a body shop has damaged my car, what shouldI do?
I took my car to this body shop. The guy said it would be ready in 2-3 weeks. A month went by and he just started the work on it. I have a sprinter high roof and he missed the building and scratched one of the sliding doors. I came to the conclusion this is an crappy place. Can I take my car to a different shop to fix his damage at his cost or what would be best for me to do? It’s not just an small scratch; the door is bended. I have pictures before and after the damage.
Asked on February 4, 2011 under Accident Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
1) If the body shop has negligently (or carelessly) or even intentionally damaged your car, you may sue them for the cost of making the repair. The issue may be proof: can show that they caused the damage and that it was not pre-existing.
2) If the body shop has violated either an oral (also called verbal) or written agreement as to when the car would be ready, you may then (a) take the car out of this shop; (b) might not have to pay for any work done (that will depend on the exact circumstances--what's been done, when, and how does that compare to the agreement; you may have to pay for work actually accomplished, even if late, if it's done more or less to spec); and (c) could potentially sue for cost incurred due to their breach (e.g. for renting an extra car for additonal time).
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