Legal Question in Business Law in California

After brining a car into a repair shop to replace the catalytic converter, the car repair workers drove the car onto the freeway and the hood flew off. They are replacing the hood but the process has added a week of delay before I can get my car back. Do I have any legal reinbursement options for the inconvinience it has created?


Asked on 9/12/09, 1:05 am

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Assuming the hood was OK when you brought the car in, the damage to the hood itself is a direct consequence of the shop's negligence. However, your inconvenience in getting your car back a week later than expected is not direct harm, but so-called consequential harm, and while you might be able to recover in small claims court, there are additional defenses and additional steps in pleading to recover for consequential harm. In general, you have to plead and prove that you had costs and expenses related to your loss of use of the car, and that the shop should have foreseen those costs and expenses. This additional burden of proof may include having to allege that you don't have another car, that they knew you depended upon that car to commute to work, etc. Also, look for a waiver of consequential damages in your contract with the shop.

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Answered on 9/12/09, 4:38 pm
Edward Hoffman Law Offices of Edward A. Hoffman

I generally agree with Mr. Whipple's answer, but you should note the assumption he expressly makes at the outset. It is possible that what happened to the hood was completely unrelated to anything the mechanics did. If they didn't cause the problem, the fact that it happened while they were driving the car does not make them responsible for it.

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Answered on 9/12/09, 8:42 pm


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