What can I do if I put my truck in shop to get the axle fixed but while it was repaired my ABS wire was damaged?

UPDATED: Jan 20, 2015

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What can I do if I put my truck in shop to get the axle fixed but while it was repaired my ABS wire was damaged?

This was about a month ago. The owner has been constantly giving me the run around – basically not answering or returning my calls. When he does answer them he just gives me more excuses to give himself more time. How much time does he need? He told me it takes 3 days for the part to get to him but it has been almost 5 weeks. Can I take him to smalls claim court about this?

Asked on January 20, 2015 under Business Law, New York


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Since the damage was caused by the repair shop, then thowner is legally responsible for making the repair. If he is avoiding you, giving you excuses, etc. it may well be time to file a small claims suit. Before you do however, let the owner know of your intentions. This may spur him to move forward and fix your car. If not, then go ahead and file. Be sure to keep any documents that support your claim (bills, receipts, texts, etc.), as well as having any witnesses that may haverlevant information regarding your situation.)

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