Can a body shop increase their charges to match an insurance payout even if their original estimate in writing was less?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can a body shop increase their charges to match an insurance payout even if their original estimate in writing was less?

A lady hitmy car. Her insurance accepted responsibility, looked at my car, did the estimate and cut me a check for the amount of their estimate. I took the car to a bodyshop. They did an estimate in writing and it came in $400 less than the check that her insurer wrote me. The bodyshop asked me to bring in the insurance estimate when I dropped off car. When I wentto pay for the work, all of a sudden the total was now the exact amount of the insurance estimate, not the original estof the bodyshop itself. Is this legal? Can I refuse to pay anything other than the original estimate amount (which I have in writing)?

Asked on February 16, 2012 under Accident Law, Virginia

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

No this is absolutely not legal and basically this body shop is trying to take the money you were going to get. So your best bet at this point is to take to a body that will do it for the same amount as your original estimate and not one penny more and further, file a fraud complaint against this repair shop with the department of motor vehicles and the state attorney general. I will bet this will turn into an investigation regarding fraudulent billing practices.


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