What can I do if my car was wrecked in an accident and the body shop that did the work did not fix everything?

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What can I do if my car was wrecked in an accident and the body shop that did the work did not fix everything?

I took it to another shop and they worked with the old shop to pay for everything that either was not fixed or broken as a result of their failure to fix it. I drove the car for a year with it broken before taking it to the another shop. Can I sue the first shop for negligence if they are already willing to pay for everything? By paying for everything, does that prove they knew they were negligent?

Asked on March 3, 2015 under Business Law, Kansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

What would you be suing for, if they are already willing to pay? All you can get in a case like this are typically the repaircosts, so if they pay to have it repaired, you seem to be getting what you are entitled to. And no--an offer to pay does not prove or establish fault (often, someone will offer to pay to avoid the headache and cost of being sued, or as goood "PR").


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