What can I do if a repair shop further damaged my vehicle?

I dropped my vehicle off for a service and it was found to need a new transmission. Luckily this is all under warranty, and the warranty company confirmed it indeed required a new transmission and would replace it. During the repair the repair shop had to remove the exhaust system, which broke during removal and required a new tail section. The insurance company has exhaust systems excluded and is not willing to pick up the charge. The repair shop has my vehicle still. Is this a cost the repair shop has to absorb, as they broke it upon removal?

Asked on November 18, 2015 under Business Law, Missouri


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, if the repair shop broke the exhaust system due to their negligence, or carelessness, then they are liable for the cost to repair or replace it: anyone (repair shop or otherwise) who damages another's property through carelessness is responsible for the cost thereof. If they will not pay voluntarily, you will need to sue them for them money; depending on how much is at stake, it may make sense to sue in small claims court, acting as your own attorney ("pro se"), to save onlegal fees.

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