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?

UPDATED: Oct 9, 2014

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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


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

Answered 8 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.

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