If an oil change chain damaged our car and agreed to pay for repairs,can they dictate where I must go to have them done?

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If an oil change chain damaged our car and agreed to pay for repairs,can they dictate where I must go to have them done?

Asked on August 12, 2010 under General Practice, Missouri

Answers:

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

Answered 10 years ago | Contributor

You should be able to select your own repair shop.  If the oil change place objects, tell them you will sue them for negligence for the damage to your vehicle. The oil change place is probably concerned that you might select a very expensive repair shop.  Tell them you will select a repair shop that charges a reasonable amount comparable to what other repair shops charge.

If you do file a lawsuit for negligence against the oil change place, you will need to mitigate (minimize) damages by selecting a repair shop that charges a reasonable rate, comparable to what other repair shops in the area are charging for the same work.  You won't be able to select a very expensive repair shop or your damages (the amount you are seeking to recover for the cost of repairs) will be reduced accordingly. 


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