What are my rights if someone ran a red light and hit me So I took my car to the body shop that my insurer recommended but the repairs were faulty?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my rights if someone ran a red light and hit me So I took my car to the body shop that my insurer recommended but the repairs were faulty?
After 45 days I picked it up and the damage had been fixed but I noticed some problems. The spoiler on trunk was missing, the rocker panel they replaced did not match the other side, my back windshield was replaced but not tinted, the window was fine when I took it in. A name badge was missing, there’s a burn mark on my leather seat that was not there and one of my high beams is out. I complained to the person at the body shop, he said he was going to order the right parts and he would call me to bring in the car again. It’s been over a week and I’m still waiting for a call. Can I sue them for doing such horrible work and for wasting my time?
Asked on October 9, 2014 under Accident Law, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
You can sue the body shop for negligence which is the failure to exercise due care (that degree of care that a reasonable body shop would have exercised under the same or similar circumstances to prevent foreseeable harm). Your damages (the amount of monetary compensation you are seeking in your lawsuit) would be the cost of repairs. You would not be able to recover for wasting your time unless you can establish that the delays resulted in some specific damages such as wage loss if you missed time from work or additional rental car costs, etc.
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.