Legal Question in Civil Litigation in North Carolina

My truck was damaged while at an automotive shop. I did not notice it until about 15 mins. after I left the shop. I went back to the shop and presented it to the shop owner and he questioned if it happened there but still agreed to pay for the repairs. His employee, who had been driving the truck, also asked to see the damage. He also agreed to pay the repairs. 4 days later they change their minds. Do I have a small claims case? The damage is $800.00 dollars.


Asked on 7/08/10, 2:30 pm

1 Answer from Attorneys

Yes and no. The shop should be responsible for the damage. You will have to get the vehicle repaired, I would get 2 written repair estimates. Why? Because you want to make sure that the repair cost is in the same ballpark. Then I would send the repair shop a certified letter and a copy of the estimate and tell them its their final chance to fix or else you will have it fixed and will bring suit. Give them a reasonable time to do the work - say 2 weeks, 3 at the most. The reeason to send it certified is to make sure that they get it and to prove that you sent it.

The reason for the letter is that you can show the judge that you tried to work it out before going to court.

If they do not pay, then get the truck fixed. Take numerous pictures of the damage before you have it worked on. Sue the repair shop AND the mechanic who damaged your car. You will need a copy of the letter and the paid invoice.

The hard part will be to prove that they caused the damage rather than you causing the damage after you left the shop. It will be their word against yours.

If you think that a lawyer letter might help, then feel free to contact me and I will send the letter for a reasonable fee. I will need to see the estimates for the repair and will need the names of the repair shop and the mechanic who damaged your car.

Rachel Hunter

Attorney at Law

[email protected]

(678)-687-9693

Admitted in GA, PA & NC

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Answered on 7/08/10, 7:36 pm


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