What to do if the auto body shop that repaired my car after an accident, later told me that the car was not safe to trade in because they had not repaired it correctly?

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What to do if the auto body shop that repaired my car after an accident, later told me that the car was not safe to trade in because they had not repaired it correctly?

They told me less than a week after the “repair”. The car is less than a year old and comapany is a national company. Do I have any legal recourse against them?

Asked on December 13, 2012 under Business Law, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, you could potentially sue for, for example, the cost to repair it properly or the diminution in the car's value. The lawsuit would be based on one or more of following (depending on exact circumstances):

1) Negligence: their work was unreasonably careless and did not rise to accepted professional standards.

2) Breach of contract: they did not do what they promissed to do and what you paid them for.

3) Fraud: in order to get you to let them do the repairs, they lied about the extent of the damage and/or their ability to repair it.


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