Can anything be done if I took a brand new car to a dealer for repair from hail storm and it was painted a different color andthe dent still there?

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Can anything be done if I took a brand new car to a dealer for repair from hail storm and it was painted a different color andthe dent still there?

5 months ago I purchased a brand car. A little over a month ago it was damaged from a hail storm. My insurance company took care of the damages. The dealership had my car for 2 months. I was told my car was ready for pick up I get there and my car is painted another color, there are tons of screws missing, and scratches and the bumper is still damaged. I refuse to take the vehicle. Will my brand new car be replaced or what can be done?

Asked on September 2, 2011 under Accident Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You may not be able to get a new car, but you should be able to get the work corrected. Work on a car in a situation like this has to be done--

1) Carefully--i.e. not negligently

2) According to spec--i.e. the way the agreed to do the work; the way the work was authorized

You insurer should be going to bat for you; if they won't, you may need to take legal action to either force the work to be redone and/or for compensation. What if the appropriate remedy and how much/what you should receive will depend in largepart on the expense and feasibility of correcting the situation. Contact your insurer, explain the situation, and see if they will take action; if not, you should consult with an attorney. Good luck.


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