What are my rights if a mechanic friend was replacing my windshield wipers free of charge at the shop where he works but during the installation he cracked my windshield?

It was agreed upon that it was his responsibility to have it fixed and that he would pay for it. He initially cracked the lower portion but since he neglected to make a fix, the crack spread across from one side to the other. Now I must have it replaced entirely. This mechanic is now refusing to replace my windshield and refuses to pay for me to have it replaced. Is there anything I can do about this or am I just screwed?

Asked on February 13, 2016 under Accident Law, New Hampshire

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can sue him--and possibly his employer, the repair shop, if it's not his shop--for the cost of the replacement: he broke the window negligently, or carelessly, and therefore is liable, or finanically responsible, to pay for the damage. Of course, since suing can be stressful, takes time, and will cost at least a few tens of dollars (filing fee) even if you act as your own attorney ("pro se"), it may not be worthwhile doing this.


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