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Need advice on small claims court procedure



"castironjim@yahoo.com"
6/16/2005 5:43:38 PM


I have a five month old 2005 Dodge pickup truck that sustained a 4"
vertical dent in the fender that traversed a molded body contour line.
My fault.
I took the truck to a body shop and asked the owner if the dent could
be repaired or the fender would need replacing. The owner of the shop
said that the dent could be repaired.
I picked the truck up after one week. There were ripples in the
finish. Took the truck back a second time, and when i picked it up,
noticed sanding marks so rough that the paint appeared to be applied
with a brush. Took it back a third time. They fixed the sanding marks
but now the truck has a soft edge in the contour line.
Filed a report with the BBS requesting a refund for the repair, which
was $540. The body shop ignored my request. Actually, I glad that he
did, because I noticed this morning that the repair was botched more
than I had thought. Aside from the messed up contour line, there is an
iregular line about three feet long where they didn't feather the
sanding job properly near the top of the fender.
The sheetmetal of this fender has been re-worked three times. I am
thinking it may be best to replace the whole fender, which will be
about $1500.
Questions:
- How can I get objective opinions as to what needs to be done to
effect a repair? Will estimates from other body shops suffice, or
would they be considered non-objective?
- Should I inform the owner of the body shop that botched my repair
that I plan to sue him before before filing the paperwork for small
claims court?
- Should I get estimate to have the fender replaced and sue for the
estimate amount or have the fender repaired/replaced and sue for the
cost?
- I have taken pictures of the fender with a newspaper in each shot in
order to confirm the date the pictures were made. Is there anything
else I could do that will strengthen my case?
Thanks all
Jim
 
 
Paul Cassel
6/18/2005 7:51:32 AM


castironjim@yahoo.com wrote:
<dissatisfied with autobody repair>
- How can I get objective opinions as to what needs to be done to
effect a repair? Will estimates from other body shops suffice, or
would they be considered non-objective?
If several autobody shops agree, without conferring, then that's a good
indication of an objective expert opinion. If you have a trade college
in your area, you may be able to also get an opinion from someone who
has no financial interest at all.
- Should I inform the owner of the body shop that botched my repair
that I plan to sue him before before filing the paperwork for small
claims court?
Yes. This will give him a chance to settle with you out of court which
can work for both your best interests. I'd write him a certified letter
stating your intent, include your expert opinions and also what you will
ask the court for. You are NOT tipping your hand. As part of the court
process you'd need to do that anyway.
- Should I get estimate to have the fender replaced and sue for the
estimate amount or have the fender repaired/replaced and sue for the
cost?
I would leave the repairs as is in case you need further inspections,
such as from other experts, along the way.
- I have taken pictures of the fender with a newspaper in each shot in
order to confirm the date the pictures were made. Is there anything
else I could do that will strengthen my case?
Fine. Now all you need to do is to demonstrate, by the use of experts,
that the repairs are substandard.
-paul
ianal
 
 
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