Legal Question in Business Law in Texas

Non-delivery of vehicle on date promised

I was involved in a one-car rollover accident on March 19th, 2005. Vehicle was towed to car pound on suggestion of tow-truck driver after he stated most cars involved in rollovers are totaled. Insurance co. contacted me on March 21st and informed me they wanted to have my vehicle towed to an auto shop for estimate of damages. The insurance adjuster decided the vehicle was repairable for less than the cost of totaling vehicle. The auto shop advised me my vehicle would be ready on April 25th, 3 days after rental insurance ran out. I spoke with shop representative on April 25th and was told they were waiting on a part for my vehicle and it would not be ready until later in the week. I reminded shop rep. that my rental insurance had run out and asked him if they provided transportation for customers. I was told they did not provide for any such services. I spoke with shop rep. again on May 3rd and was told the wrong part had been ordered and my vehicle would not be ready for a few more days. What are my rights as far as the auto shop providing me with transportation due to their error?


Asked on 5/04/05, 4:10 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Non-delivery of vehicle on date promised

The auto shop does not have a duty to provide you with transportation. However, once you told them that your rental was running out, their error in ordering the wrong part allows you to go after them for the cost of a rental after May 2.

Wait until you have your car repaired before raising the issue.

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Answered on 5/04/05, 6:06 pm


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