What steps do I take on getting my car back from auto shop if a repair has been paid in full?
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What steps do I take on getting my car back from auto shop if a repair has been paid in full?
The engine needed to be replaced. No one will call back or answer the phone and the car is in the shop with engine removed.
Asked on February 24, 2014 under Accident Law, Texas
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
Inform the auto shop in writing that unless the work is completed immediately, you will file a lawsuit for breach of contract. If the auto shop doesn't complete the work or refund your money, have the car towed to another auto shop for the work to be completed.
Your damages ( the amount of compensation you are seeking in your lawsuit) would be the amount you paid plus the cost of completion of the work at another auto shop). You will need to mitigate (minimize) damages by selecting another auto shop whose fees are comparable to other auto shops in the area. If you were to select the most expensive auto shop you could find to complete the work, you have failed to mitigate damages and your damages will be reduced accordingly. Your damages should also include the cost of a rental car while your car is being repaired. In order to mitigate damages, you will need to select a rental car with a reasonable rate. If you were to select the most expensive rental car you could find, you will have failed to mitigate damages and your damages will be reduced accordingly.
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