Legal Question in Consumer Law in Massachusetts
Auto Glass installed wrong 4 times.
I recently purchased a used Land Rover in impeccable condition and my windshield split down the middle. I contacted my insurance company and was sent to an auto glass replacement store. Four times they put a new windshield in my car, incorrectly installing it each time. Now, due to recent rains, the auto is leaking due to the auto glass company's inability to do the job right. This has caused $11,000 worth of damamge and our insurance co. is now considering our car ''totaled''. They want to give us a check for car value. This is unacceptable. I want my car that I only had for 3 months and bought for an amazing deal. What legal recourse do I have against the auto glass company or against my own insurance company for sending us to a dealer that ruined my car? Thanks
2 Answers from Attorneys
Re: Auto Glass installed wrong 4 times.
If you accept your insurance company's offer, they then own the car and you can't bring a claim against the glass company. If you reject the insurance offer, you are buying a long lawsuit. Life isn't fair. You can dispute the value the insurance co. is offering and go to arbitration or mediation. Call your agent for more information.
Re: Auto Glass installed wrong 4 times.
Frankly, it sounds to me as if your car was not in mint condition, that it was involved in an accident that distorted the frame, putting stress on the windshield. If you have not done so, check your car out at carfacts.com, it will be worth it.
Even if it was not in an accident (and I am betting it was), it is possible that the frame suffered a defect in the original manufacturing process.
It was a deal because the previous owner had the same problem. A service history should be available from the manufacturer showing any warranty work that might not show up on carfacts.
It is remotely possible that the installer is at fault, but the procedure is straightforward and does not require rocket science. There are tools that can test if there is stress on the window frame, and if it is uneven, but that equipment is not found everywhere.
The "total" deal offered by your insurance company may be the best you can do, especially if the seller was not a dealer.
Next time somebody offers you a great deal, remember, if it sounds too good to be true, it probably isn't.
If there is no problem with the car, you can send the auto glass company a letter under Mass. General Laws C. 93A, certified mail, return receipt requested (model letter is available at the consumer protection site on the Mass. web site) stating what your complaint is and what you want them to do about it. Ditto if you bought the car from a dealer and it has a history of problems.
If you bought it at private sale, and there is a history that the seller knew about, you can try suing for fraud, unjust enrichment, failure of consideration, etc.
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