Car repair, insurance, and deductible

Get Legal Help Today

 Secured with SHA-256 Encryption

Car repair, insurance, and deductible

Early last year, I had my bumper repaired for some damage caused by an animal. The auto body shop had me sign the paperwork for work done, said I didn’t owe anything and sent me on my way. Then, last month, I received a call stating that I owe them $500 for my deductible that they failed to collect almost a year ago. Should they eat the cost they forgot to collect or should I pay them and just be irritated about the situation?

Asked on January 4, 2017 under Accident Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Forgetting to the get the money earlier does not mean they are not legally entitled to it, or could not successfully sue you for the money, unless they have waited so long that the statute of limitations (time period within which to sue) has expired. But in your state, the statute of limitations for a case like this is 6 years (it is the statutory period for contracts, since it arises from the agreement, whether written or oral, to pay them for the work done on the car), which means they are well within time to seek the $500. If you don't pay it, they could sue you and  almost certainly win.


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 with SHA-256 Encryption