Legal Question in Civil Litigation in Maine

repair work

i had my truck towed to a transmission place they never gave me a quote i never signed anything for them to fix the truck they just called me to pick up the truck to the sum of 2600 can they do this


Asked on 6/23/08, 3:12 pm

1 Answer from Attorneys

Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: repair work

Had you initially set forth in writing a cost ceiling for the repair work, you could avoid liability for any excess charged without further agreement. See 29-A M.R.S.A. 1802. I understand there was no writing.

Did you have any discussion? How long had your truck been there? What was your intent in having it towed there? Was the question not if but where you were going to have the work done?

Your damages may be capped at the extent to which the charge exceeds market rate, so get the lowest written quote you can from another company. Consider demanding the lesser amount, perhaps through a letter describing the misconduct while attaching the lower quote together with a check saying �payment in full.�

If the truck repair was mostly for personal or family (non-commercial) use, you may have a valid claim against the company under Maine�s Unfair Trade Practices Act. You would have to make statutory demand before bringing suit, and if you won in court, you may be entitled to attorneys fees.

You should consult with an attorney to better discuss your options and to make sure any countermeasures you take are prudent.

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Answered on 6/24/08, 8:14 am


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