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Automobile Repairs
The bottom line when it comes to keeping your car in good
working order is that you are ultimately responsible, even if you
don't know a gasket from a hubcap. Suppose you take your car
in for brake repairs, but the repair shop fails to repair
them. You think your brakes have been fixed, but when you
come to a stop sign and try to stop, your brakes fail and you slam
into another car. That driver is injured and sues you.
You claim that your brakes were not properly repaired and that the
accident is not your fault. You say that the repair shop
should be held liable, not you. Unfortunately, this will not
work because you are the one ultimately responsible for keeping
your car in good working order. You can, however, sue the
repair shop yourself.
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When you take
your automobile to a repair shop for repairs, the shop
often places a lien on it to ensure that you will pay the
bill. If you do not for some reason, for example you
do not think the repairs have been done correctly, the
repair shop can charge you storage fees for the days you
leave the car there, or, after a certain number of days,
they can sell the car to pay for the repairs.
What can you do? Usually, you will just have to pay
the bill so you can retrieve your car and then sue the car
repair shop in small claims court. If you pay with a
major credit card, you can take your car home and then
call the credit card company to dispute the charge.
They will investigate your claim and you may end up
winning.
If you get your car home and realize the
repairs were improperly done, take the car back to the
shop as soon as you can, and try not to drive it in the
meantime. If you got a written warranty of the work
before it began, you will be in a much better position
than if you got no warranty. Most states have laws,
though, that at least state that the work must be done in
a skillful manner. If it wasn't, you can demand a
refund, but you may not get it. Put your demand in
writing and send it to the shop's owner or manager.
If this doesn't work, send a second letter. If that
doesn't work, take your car to another shop to have it
repaired and send the bill to the original repair
shop. If you still do not receive a refund, you may
have no recourse but to file a lawsuit against the
shop. This can be done in small claims court.
To avoid the above problems, do these
things before having anyone repair your vehicle:
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Use a recommended, reputable repair
shop or investigate through the BBB the one(s) you are
considering using
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Get a written estimate. Tell the
shop that it is just an estimate, that you are not
authorizing any work yet. Then go to another
shop and get a second estimate. The estimates
should itemize parts and labor costs.
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Make sure the shop will warranty
(guarantee) its work. If not, find another shop.
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Once you choose a shop to do the work,
add two things to the estimate you received
earlier. 1) That the shop is to call you
and get your consent to continue with the repairs if
the cost of the repairs is to exceed the estimate and
2) that the shop is to return to you (or let you see)
all the parts it replaced. Even if you have no
idea what to look for when you see these, telling a
shop that you intend to inspect the replaced parts
will help keep them honest.
Visit here if you need to talk
to a lawyer about suing a car repair shop.
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