Legal Question in Consumer Law in Florida

damage caused to vehicle at repair shop

I found a mechanic who said he could get my car running. He verbally agreed to do the job. Two months later my car is not done, the window is broken with cardboard over it, the inside is flooded from the rain, there is green mold growing on my seats and a rat has gone in and chewed through the leather seats! I want to get it out of there but I also want him to replace the damage to the inside. What are my rights before I say or do something that could hurt my chances?


Asked on 7/12/06, 10:23 am

1 Answer from Attorneys

Randall Gilbert Gilbert & Caddy P.A.

Re: damage caused to vehicle at repair shop

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney�s individualized advice for you. By reading the �Response� to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

RESPONSE: (1) send a letter in writing re: what you witnessed and give them ___ days to fix and correct the car otherwise you will presume that they have no intention of fixing the car and will deem them in breach. If this is what you are forced to do then, take the car to another reputable mechanic to fix the car, and hold the original mechanic responsible for the additional damage caused to the car while it was in his possession, and for the increase in price of the original repair, to the extent that there is an increase with the 2nd mechanic. However, if you elect to go to the 2nd mechanic, more than likely you will need to file a small claims action in court yourself, and whatever you do, make sure you take pictures of everything!!!

Good luck,

Randall Gilbert

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Answered on 7/12/06, 11:19 am


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