What are my rights if a tire shop damaged 2 fiberglass panels on my car by incorrectly lifting it?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What are my rights if a tire shop damaged 2 fiberglass panels on my car by incorrectly lifting it?

I provide an estimate to have the panels replaced, They sent me a check for $2700 less than that estimate. They said they will pay to repair the panels, not replace them. They claim that repairing the panels returns the car to the condition that is was in before the damage and that replacing the panels would “better the vehicle”. I feel that repairing the panels merely hides the damage, therefore does not return the car to its pre-damaged condition. Do I have any legal recourse to get the additional $2700 or does the law support their actions?

Asked on September 21, 2015 under Business Law

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Your recourse is to sue them them for the full amount you claim they owe if you can prove in court that they were at fault e.g. negligent or careless in lifting the car and that the only way to return the car to as close as possible its pre-damage state is to replace the panels, then you can win the money. The issue then is, what is necessary to restore the damage as closely as reasonably possible replacement or repair? You would need some expert testimony e.g. from some other experienced body shop employees about the pros and cons of fixing vs. replacing, and/or testimony from car salesmen or insurance adjustors about what each option does to the car's value. You can't rely only your testimony to win, because you are presumably a non-expert.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption