Legal Question in Consumer Law in Massachusetts

Autobody Issue

Long story short, I brought my two month old car to a body shop to repair minor damage from an accident. I picked the car up Monday and I was not satisfied with the work. They did a total hack job, billed me for parts they did not use, and billed me for services they did not perform. I paid the $1200 bill and left. I then brought it to another body shop and they showed me everything that was done wrong and why it looked the way it did. They informed me that it would cost $3000 to correct the damage caused by the other body shop. I immediately canceled the $1200 check.

The manager at the shop that helped me out advised me to contact an attorney. He said I have several options:

1) Try to work it out with the shop

I don't know if this is a good idea because they probably wont be too happy when they figure out I put a stop payment on the check. Frankly, I don't know if I even want them touching the car after the job they did in the first place.

2) File a claim against the shop

3) Go to court over it

4) Claim fraud over the parts and services I was billed for that were not used/performed.

Thank you for your time.


Asked on 5/16/07, 8:26 pm

2 Answers from Attorneys
Gregory Lee Gregory P. Lee, Attorney at Law

Re: Autobody Issue

The attorney you consulted has properly stated your civil options.

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Answered on 5/17/07, 7:41 am
Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

Re: Autobody Issue

The options you raise, and your instinct not to deal now with the first body shop, appear to be on the money. Will insurance cover the cost of the repairs? If so, your best option might be to just get the car repaired and wait to see if the first shop comes after you for payment. If they do not puruse you, problem solved.

If they do pursue you for payment, you would have significant leverage to convince them to go away (based on the facts you've recounted here). If the first shop threatens to sue you, you might want to file suit first, alleging the grounds you raise, and perhaps others. You have significant leverage under the applicable consumer protection statute, which if proven to have been violated, would entitle you to recovery of reasonable attorneys' fees, and the remote possibility of multiple damages. In other words, a sensible company would not pursue you in these circumstances.

If insurance will not cover the repair costs, and you think the first shop has made the repairs more expensive than they would have been, you might think more seriously about suing the body shop for those money damages, but they will clearly countersue for the cost of the repairs they allegedly made.

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Answered on 5/17/07, 4:04 pm


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