Case against auto body for inferior workmanship.

[bugman1400]

After a front-end crash on a rainy night, I drove my Ford truck to be repaired at a body shop near my house. About three weeks later, I went to go pick it up and the mechanic told me that the work was tough and the frame was bent and had to be straightened. I then noticed that the truck still looked like it had been in a wreck and that some items were missing. So, I told the mechanic about the appearance of the truck and the missing items and I left the truck. I went back a week later to pick up the truck and the missing items were replaced, but the truck still did not look right and I again noticed some other things missing on the truck. So, I again notified the mechanic and left the truck again. I went back a week later and the item was replaced, but the truck still did not look correct. I notified the mechanic and he shrugged his shoulders and didn't say anything.

I then took the truck to the local Ford dealer and they said there was severe damage to the frame still. The dealer took frame measurements and documented that the frame was over an inch off in a few places and that is the reason that the truck still looked like it had been in a wreck. There was also many other things still missing that I couldn't see and other items still damaged from the wreck. My insurance company paid an additional $2600 to the Ford dealer after paying $1800 to the original body shop. I had to pay $850 out of my pocket to the Ford dealer. The Ford dealer finished the truck in about two weeks and the truck looked correct....they way it should be.

Should I sue for the $850?

 

[army judge]

After a front-end crash on a rainy night, I drove my Ford truck to be repaired at a body shop near my house. About three weeks later, I went to go pick it up and the mechanic told me that the work was tough and the frame was bent and had to be straightened. I then noticed that the truck still looked like it had been in a wreck and that some items were missing. So, I told the mechanic about the appearance of the truck and the missing items and I left the truck. I went back a week later to pick up the truck and the missing items were replaced, but the truck still did not look right and I again noticed some other things missing on the truck. So, I again notified the mechanic and left the truck again. I went back a week later and the item was replaced, but the truck still did not look correct. I notified the mechanic and he shrugged his shoulders and didn't say anything.

I then took the truck to the local Ford dealer and they said there was severe damage to the frame still. The dealer took frame measurements and documented that the frame was over an inch off in a few places and that is the reason that the truck still looked like it had been in a wreck. There was also many other things still missing that I couldn't see and other items still damaged from the wreck. My insurance company paid an additional $2600 to the Ford dealer after paying $1800 to the original body shop. I had to pay $850 out of my pocket to the Ford dealer. The Ford dealer finished the truck in about two weeks and the truck looked correct....they way it should be.

Should I sue for the $850?

I can't tell you if you should sue.
That is YOUR decision.
I can tell you that if you sue, you'll likely not recover.
Why?
You took delivery of the truck.
You should have contacted your insurance carrier when you originally discovered the "issues" that concerned you.

You might speak with your insurance carrier and seek their opinion on your options.
My legal opinion remains that you're stuck with eating the $850, but now possess a repaired and road worthy vehicle.

 

[bugman1400]

I can't tell you if you should sue.
That is YOUR decision.
I can tell you that if you sue, you'll likely not recover.
Why?
You took delivery of the truck.
You should have contacted your insurance carrier when you originally discovered the "issues" that concerned you.

You might speak with your insurance carrier and seek their opinion on your options.
My legal opinion remains that you're stuck with eating the $850, but now possess a repaired and road worthy vehicle.

The insurance companies here in NC have no say with who you take your vehicle to and do not get in the middle between you and the body shop. They leave it up to you to negotiate the quality of work.

Taking possession of the vehicle, to me, does not seem an issue. The body shop claims to have an implied warranty on the work and I can bring it nack anytime, but if you bring it back serveral times and they cannot fix the problem....then what? How many times should I have brought the truck back to them to fix the same problem one time, two times, infinity times.

Perhaps this case should be advised only by someone with some knowledge of car repair.

 

[army judge]

The insurance companies here in NC have no say with who you take your vehicle to and do not get in the middle between you and the body shop. They leave it up to you to negotiate the quality of work.

Taking possession of the vehicle, to me, does not seem an issue. The body shop claims to have an implied warranty on the work and I can bring it nack anytime, but if you bring it back serveral times and they cannot fix the problem....then what? How many times should I have brought the truck back to them to fix the same problem one time, two times, infinity times.

Perhaps this case should be advised only by someone with some knowledge of car repair.

You're entitled to your opinion.

I wish you success and good fortune.