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Discussion Starter #1
Has anyone ever had to take a repair shop to small claims court for damage they did during a repair? What was needed to when your case? How do I prove to the judge that the car was not damaged when you brought it to the repair shop? Do you need another mechanic shop to determine that the original repair shop cause the damage?:secret:​
 

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you will need some evidence to prove your claim.i use the local chevy dealer when i need such
 

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Deputy Director, Region 1
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Your question is a bit vague. What type of damage are we talking about? Did you take it to a mechanic and get some type of body damage? Or is something more serious like a mechanic forgetting to tighten a wheel and it fell off at speed causing an accident?
If it's like the second circumstance that would be a bit easier to prove. Let's say you left the repair shop and within a short distance the wheel fell off. Pretty much a no brainer if the invoice says they removed the wheel for whatever, a brake job, etc. If it happened a few days later, well the shop can say you may have taken the wheel off again and not installed it correctly.
If on the otherhand you went in for service and came to find the car hit, scraped, scratched, dented, etc. Then it's a little harder to prove. A good shop will walk you around the car when you bring it in for service and note any visible damage. You and the service writer will initial it to acknowledge it existed before any work was done. If they didn't do this it leaves them open for liability but doesn't prove they did it. There will be ways they can check for prior damage, accident reports, insurance claims, carfax, etc.
All that being said, what was their response? Did they just brush you off and deny any wrong doing or did they offer to fix it?
 

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Past Texas Director
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When I tried going after the mechanic that messed my car up, I was told by a lawyer that it really wasn't worth the $2000 it would cost to file a claim, retain an attorney, and take him to court since apparently I could only sue him for the amount paid by me to him to begin with. Since the mechanic I was dealing with had such lack of integrity, what would make me think he'd follow through on a Court order? I wish I would've been able to go after him anyway--just for the principal of the thing, BUT after losing over $1000 on the initial "upgrades", I couldn't afford to fight him-I was more concerned with fixing my problem and trying to figure out how to pay for that.
I would certainly make sure you are documenting EVERYTHING regarding your issues with the shop that messed up your car--phone calls, times, dates whom you spoke with, also photographs speak volumes! Take pictures of everything on your car now, and find pictures of it prior to your involvement with that shop. Have a REPUTABLE mechanic take a look at your car, and put into writing what they find. I'm thinking you shouldn't have too much trouble convincing a Court that your car was fine when you took it in for your upgrades, and when you got it back, it was knocking. Why would you pay for upgrades or anything else if your car was knocking BEFORE you took it in?!! Good luck!! I hope you can get your problems resolved! :beer:
 

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Contact your DMV Repair Shop Investigation Unit or equivalent with all your documented evidence, odds are if what you say can be verified the shop probably has had other complaints. Once they investigate, use what they find to proceed with any legal action. A Small Claims Court filing fee is cheap and the shop has to answer or face a default decision against them.
 

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TrannyMike
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Contact your DMV Repair Shop Investigation Unit or equivalent with all your documented evidence, odds are if what you say can be verified the shop probably has had other complaints. Once they investigate, use what they find to proceed with any legal action. A Small Claims Court filing fee is cheap and the shop has to answer or face a default decision against them.
I've never heard of a "DMV Repair Shop Investigation Unit" in CA. You need to call the Bureau of Automotive Repair and get advice from them. Don't bother with the BBB, they have no power at all. The B.A.R. is a division of consumer affairs and has the most power to help you out besides a verdict in court. Many times the B.A.R. can settle your problem quicker than going to court and it's free. Start there. :beer:
 

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Your in Texas and you've now got motor damage, VERY hard to prove they did it unless you got them to sign that the motor was (damaged) when you picked it up and not before the repair was made. Almost impossible. Small claims is like $80.00 to file and $35.00 to have them served, both of which you get refunded IF you win. But trying to prove they damaged something internal while making a repair on your motor would be tough.
Do like I did with the auto dealer that hit my new pony car while he was driving an uninsured car.
Besides the pleasure of getting to watch his ride get towed off, this is what he see's when he Google's his company's name!!!
http://www.scambook.com/report/view/118829/ADE-Adebiyi-Motors-Complaint-118829
ADE Adebiyi Motors Complaint 118829


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The owner of Ade Adebiyi Motors, Adebiyi Oluwadare was driving an uninsured car and hit my parked car. The police were called and a case was filed. His car was towed away because of lack of insurance. He called me later that night explaining that he would pay for repairs. I went and got 3 quotes and contacted him and he explained he needed months to come up with the money at which point I reported it to my insurance.
Do we really need a car dealer that does not have enough common since that to driving an automobile that he has no insurance on?
I have filed a complaint with the state of Texas and will pursue the outcome but I feel it necessary to warn the general public about doing business with such a company / automobile seller that has such a lack of common sense.
Please BEWARE
Sincerely
Donny
Now that my friend, gets under their skin (ask me how I know!!!:nanawrench:)
There's other sites you can also post on but be careful not to slander!!!!
Good luck.
Donny
 

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Premium Member
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I've never heard of a "DMV Repair Shop Investigation Unit" in CA. You need to call the Bureau of Automotive Repair and get advice from them. Don't bother with the BBB, they have no power at all. The B.A.R. is a division of consumer affairs and has the most power to help you out besides a verdict in court. Many times the B.A.R. can settle your problem quicker than going to court and it's free. Start there. :beer:
Check this out, every state must have somethiing like this: http://www.dmv.ny.gov/broch/c17.htm
 
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