What can I do about a bad repair job on my windshield?
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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 9 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.
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