Can I go after an autobody shop if they did not give me what my insurance paid for?

An auto body shop was paid $13,000 to repair a small cosmetic damage on my car. I now have discovered upon visiting another body shop no new parts were put onto my car, that the original parts that came with the car have just been reconditioned. As per the claim they were paid for new parts. How can I go after them to get what my insurance covered for me?

Asked on July 16, 2012 under Business Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If they breached the contract or agreement, by not providing you what they had agreed to provide, or if they committed fraud by misrepresenting what they would do, then yes, you should have a cause of action. You could potentially sue them for the difference in value between what they did do versus what they were paid to do; or for the net cost (i.e. after taking out any offset from selling the reconditioned parts) to set matters right and use new parts instead.

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