Legal Question in Consumer Law in California

Incomplete Estimate = Incompetency?

I got into a car accident about three weeks ago that involved a lot of body damage, but also a small amount of internal damage. The mechanic I took the car to do an estimate and charged me roughly $4500 for the repairs, paid out of my own pocket because I have no collision insurance. A few days after getting the car back I noticed clunking noises whenever I turned the wheel. I took the car back and was told that both front suspension struts need to be replaced. I've never had a problem with my suspension, but was told that it was an issue of wear and tear and not related to the accident - I don't think this is the case; the car has been driving differently since the accident and subsequent repairs, and feel I am being taken advantage of.

If the suspension replacement would have been included in the initial estimate with the rest of the accident repairs, I would have scrapped my car and bought a cheap used one. I feel that the auto mechanic experts are either scamming me or (most likely) acting incompetently in not fully inspecting my car for damages and disclosing the full cost of necessary repairs.

Is this something worth persuing in court? I'm at a total loss as to what I should do next.


Asked on 1/10/06, 3:32 pm

2 Answers from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: Incomplete Estimate = Incompetency?

If you go to court over this, you will need another mechanic to testify who can confirm the validity of your opinions. Otherwise, you have no case.

If another mechanic agrees with you, then you might have a case. You could either hire an attorney, pursue in small claims court with the new $7500 limit or file a complaint with the Bureau of Automotive Repair.

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Answered on 1/10/06, 3:48 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Incomplete Estimate = Incompetency?

I would suggest taking it to a reputable body repair shop to make that determination -- i.e. whether it's wear and tear, or whether it's accident related. Then, if that body shop person is willing to testify in your favor, you can do a small claims action against the other mechanic. If the accident was not your fault, you can also sue the driver of the other car (if there was one).

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Answered on 1/10/06, 3:53 pm


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