Legal Question in Civil Litigation in California

I was rear ended and took my car to a repair shop of my choosing paid for by the at fault driver's insurance company. After the repairs were done I hired an appraiser so I could make a diminished value claim and found out that there were charges for repairs that were not done as well as a charge for a replaced bumper when in fact the shop fixed up my old bumper and reattached it. I would like to pursue legal action. What is the maximum punitive damages I can recieve from the repair shop? If I hire a lawyer, can the lawyers fees be included in my claim? Since the insurance paid for the damages, do I even have grounds to sue the repair shop for fraud?


Asked on 1/17/11, 11:56 pm

1 Answer from Attorneys
Isi Mataele 'Isi Mataele Attorney at Law

Although you are not a party to the contract, you are a third party beneficiary. You can assert any claim that the contracting party can assert against the repair shop.

Punitive damages are usually available for fraud claims seems to fit here. Attorney fees might be available but that is the least likely one that you'd receive.

This may be a big case if it is a big shop and have done it to other customers.

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Answered on 1/23/11, 12:07 am


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