some guy drove into my sisters car the other day. She contacted the guys insurance company and they sent someone out to check out the damage. An estimate was given and then later she got the check in the mail to go get it fixed. anyway she took it to this one place and gave the people the insurance check and told them to fix it. She waited a couple of days and went to pick it up today and they did a terrible, terrible repair job. First of all, the interior of the car is all dirty and scratched up. Then, she noticed that they didn't even replace the cracked up hub cap. On closer inspection, they repainted only a small portion of the car(there are still cracks in the paint on the bumper) and where it is painted it is not the correct color. They did a crappy job hanging the door and they sratched the brand new side window they just put in taking the sticker off. They pretty much didn't do anything right. What legal action does she have if they won't man up and fix it?
2007-12-08 08:17:58 · 4 answers · asked by fleisch 4 in Politics & Government ➔ Law & Ethics
sorry, I guess I should have mentioned that. I am in North Carolina, USA
2007-12-08 08:33:01 · update #1
I am going to make a few presumptions. Most importantly, that she gave the repair place a copy of the estimate when she gave them the check, and had a contract with them to do the repairs. Okay, she has to give them a chance to do the right thing. If they refuse send them a certified letter of demand that they do the repairs properly. If they still refuse, go to another place and have them estimate the cost of repairs that were incorrectly, with the cost of getting it up to where the car was before the accident. This will cost a few dollars.
Then file in small claims court for the cost of getting the car back to what is needed, you should add the cost of the new estimate and any rental car cost that she will incur in loss of use. Take lots of photos to show the judge or court officer, with the original estimate, the new one, the receipt from the letter. And any other paperwork. Make sure they are served properly. Have your sister be polite in court. Speak when asked, never interrupt. She may not get everything she asks for, but I suspect she will get most of it. Good luck to her.
2007-12-08 08:37:46 · answer #1 · answered by Songbyrd JPA ✡ 7 · 0⤊ 0⤋
She got a check to get it fixed, took the check and gave it to some random place and told them to fix it. Does that sum it up?
Did she know this place, or check it out in any way? She can let them know she isn't happy with the job she got, but I can't begin to guess what they will do with that information, or even if the work is substandard.
I'd suggest another, better, body shop give an estimate and opinion so she will know for sure what damages she is looking at.
2007-12-08 08:31:56 · answer #2 · answered by oklatom 7 · 0⤊ 0⤋
Some states have consumer protection laws to prevent this sort of thing. Best advice is to consult a lawyer to see if your sis has legal grounds for a lawsuit for shoddy work. We won't be able to know without a proper investigation. Though it is a fair question to ask, we are the wrong audience for it.
2007-12-08 08:22:17 · answer #3 · answered by The_Doc_Man 7 · 1⤊ 0⤋
depends what country you are in i guess. certainly in the UK you are entitled to have repairs fixed to a certain standard, also they have a duty of care, if they are a member of one of the motoring watchdogs then i guess that would be the first port of call if there is a dispute.
2007-12-08 08:27:50 · answer #4 · answered by bruce m 5 · 0⤊ 0⤋