What can I do about a bad repair job on my windshield?

Get Legal Help Today

 Secured with SHA-256 Encryption

What can I do about a bad repair job on my windshield?

I got my windshield repaired but they did it wrong. Now I am looking for them to make good on their lifetime warranty in which they repair the entire windshield. I have been talking to them back and forth for almost 2 months and they keep telling me week after week that they will come out and replace it but every time I call they say that they need to fax over the paperwork and some check needs to clear. I feel as if I’m getting the run around.

Asked on May 8, 2014 under Business Law, Missouri

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You can sue the windshield repair business for breach of warranty.  You have separate causes of action (claims) for breach of express warranty (the written warranty) and breach of implied warranty of merchantability which means the work is supposed to be of a quality acceptable in the trade or profession.

Your damages (the amount of compensation you are seeking in your lawsuit) would be the cost of repairs.  If you have the windshield repaired elsewhere, your damages would include the cost of the repairs at that other establishment; however, you will need to mitigate (minimize) damages by selecting another windshield repair place whose fees are comparable to others in the area.  If you were to select the most expensive windshield repair place you could find, you will have failed to mitigate (minimize) damages and your damages will be reduced accordingly.


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