Legal Question in Consumer Law in Texas

poor quality touch-up

Took car in for body damage repair to replace rear panel, bumper, tire,etc (Insurance company paying for these repairs). When I went to pick up the car the rear panel, bumper etc was done very nicely, however the rear door had a very poor quality touch up job to cover dings (dings that I did not notice before leaving the car with repair shop. I informed that the touch up was not acceptable and left the car with them. They notified me that the insurance will not cover correcting it and that they were not responsible either. If I want the door painted to satisfaction it would have to come out of my pocket. What, if any, legal recourse do I have to get this car back to an acceptable condition.


Asked on 4/19/05, 2:44 pm

1 Answer from Attorneys

Peter Bradie Bradie, Bradie & Bradie

Re: poor quality touch-up

First, get your car out of the shop. Second, get an estimate from another body shop as to the cost to repair the door dings. Third, write to the first body shop, certified mail, stating that your rear door didn't have any dings when yout brought the car to them, that the dings in the door are their responsibility, and it will cost $XXX to have the door repaired by someone else if they refuse to do so. Give them 10 days to respond in writing whether they will repair the damage they caused or not. Silence will be considered a refusal to do so, and legal action may be commenced without further notice.

If you have to pay someone else for the repairs, you can sue the first shop in Small Claims for the cost.

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Answered on 4/19/05, 3:14 pm


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