Do I have to let the Auto body fix their botched paintjob?

[Lisa09877]

Jurisdiction

Utah

I took my car in for a full body paintjob. He said the car would be done in a week. That week came an went an 2 other times he said the car would be done an perfect. A month went by an was finally able to pick up the car. He said he still needed to paint the black strip on hood when material came but that I could still take the car an bring it back. Next day after I looked at the car I noticed several things wrong with the car. Paint on all the rubber trim. He painted over dirt and decal glue. There is fish eyes all over the car. Along with dirt particles. There is runs all over the car an the bumper is half painted where he didn't even lift the trunk or just take the bumper off. I told him an he said that stuff he could fix. Thing is now I dont trust him.In that month he had my car he couldn't even do it right the first time. So I asked for my money back, he refused. So I wanna take it to small claims but wondering what my chances are since he did offer to fix it. Thing is now I dont trust him to have my car, no confidence. He had it a month an completely botched it an I was told by other body shops that the only way to fix is basically repaint the car which is gonna cost now more then when I initially started! Do I have a chance of winning?

 

[army judge]

Do I have a chance of winning?

If the trial is fair, either side could prevail.

Based on your fact pattern, your case seems solid.

You'll need to obatin at least written estimates from CERTIFIED body shops indicating what is wrong with YOUR car, and what it would take to fix it (in time and money).

You can then sue for the estimate and what it'll cost you to rent a a car during the time yours in the body shop.

Bear in mind, you don't get a check if you prevail.

You'll only get a pretty piece of legal paper with a cool raised seal that says Body Shop ows Car Owner $XXXX.XX.

You then have to endeavor to collect the judgment.

Some people never collect a dollar, but the collection process is slow.

You might have to hire a lawyer or collection agency to see if they can get money.

If you do that, the lawyer or collector usually gets 20-40% of what they collect.

Let's say your judgment is for $3,000, and the agency gets 20% of $2,000 (that's all they could find).

That happens very often, you only get some, not all of the judgment.

They keep $800, you get $1,200 in my example.

Anyway, good luck, mate, I hope you get paid.

 

[adjusterjack]

Do I have a chance of winning?

Slim. You spend a few thousand to have the car repainted and sue him for a refund. Is your "expert" going to come to court and testify that it could only be fixed with a complete repaint? If not, and it's just you saying so while the defendant insists that he would have fixed the defects, you might lose.

You really take your chances if you don't give the original shop a chance to make good.

 

[mightymoose]

I agree... Give him opportunity to fix it THEN consider small claims if not satisfied.
Try and get some kind of written work order that itemizes your complaints and gives a completion date. This work order should indicate the work is being done at no additional cost to you.