Legal Question in Civil Litigation in California

I work at an automotive repair shop. My boss (and the owner) was backing a customer's car out of a bay and accidentally hit the trailer hitch on another car he didn't see. The damage was negligible and could easily have been disregarded and no one would be any the wiser, but he is an honest man and told the customer, also stating that he would have it repaired if that was desired. Upon finding out that the repair we were planning on having done meant replacing the bumper on his 2000 Toyota Camry with a Reconditioned replacement part, he has decided to sue, stating that we must use only new dealer parts as shown in the estimates he has obtained which will cost considerably more than the shop we usually do business with. Is there anything in the law that states we MUST use only new parts to repair an almost 11 year old vehicle? Or just bring it back to the present condition. Please advise, as we would like to make sure we are doing right by our customers. Thank you. Laurie, Office manager


Asked on 10/28/10, 12:54 pm

2 Answers from Attorneys

The law is that the vehicle must be restored to its prior condition. There is also law on the books that the owner has the right to insist on new OEM parts, at least for insurance repairs and it may apply here too, but it's at their own expense for the difference.

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Answered on 11/02/10, 1:04 pm
Aimee Morris

If you had not yet considered it, you can report the claim to your shop's liability insurance and they can deal with the owner's demands.

If you want to keep the customer, on the other hand, or if you do not want to make a claim with your shop's insurance, you may want to accede to your customer's demands.

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Answered on 11/02/10, 1:08 pm


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