Legal Question in Business Law in California

My car was wrecked in May. It was under investigation from May until June and it was finally approved with my insurance. In June the body shop got the money to fix my car. It is now October and my car is still not done. Body shop called today and said they found out the motor was no good. The body shop did give us a rental car just a few weeks ago. Why are they just finding this out. This has put my family and my self through so much stress and especially the 5 months we were with out a car! Do I have a case?

Asked on 10/12/13, 1:38 pm

1 Answer from Attorneys

Mark Saltzman, MBA, JD Law Offices of Mark E. Saltzman

The questions is whether the body shop has performed its duties, under your agreement for the repairs. Did you expect that the shop would move quickly and have the car done in a short time? When you received the rental car, did the body shop tell you when you should expect the car to be finished. Essentially, your case depends on the terms of your agreement with the body shop. If there was no completion date promised, a court would consider a "reasonable" completion date. Your case would be premised on the body shop's failure to act reasonably, under the contract. Your damages would be the value of your loss of use of your car.

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Answered on 11/06/13, 11:45 am


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