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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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I have some repair work done by a car body work shop a year

Customer Question

I have some repair work done by a car body work shop a year ago. The repairs were handled by an insurance company and the body-shop was paid by the insurance company. Recently I found that the work done on my car was not what was required and now I have to pay from my pocket to get the work done.
What are my chances of winning such case in Small Claims court? What evidences should I collect in order to strengthen my case?
Submitted: 12 months ago.
Category: Canada Law
Expert:  Legal Ease replied 12 months ago.

Are you saying the damage from the accident was never repaired?

What has the insurance company said about this?

Customer: replied 12 months ago.
The damage was repaired and from outside it appears that the good work was done but from inside the work was not as expected. I have left that insurance company and this bod shop was not on the list of their recommendation therefore they are not willing to get involved in this case.
Customer: replied 12 months ago.
I have the detailed of estimates that were supposed to be worked on. Another body shop did the comparison of the estimates that was submitted to the insurance company and the work actually done on the car.
Expert:  Legal Ease replied 12 months ago.

Still do that first bodyshop lie and say they did work that they didn't do?

Customer: replied 12 months ago.
I haven't talked to the body-shop yet. I wanted to know if they deny and I file a case in Small Claim court then what are the chances of winning the case.
Expert:  Legal Ease replied 12 months ago.

I cannot possibly know what your chances are. I don't know you or them or the facts. But, what I can tell you is that if you sue you have the burden of proof which means you have to prove your case rather than they have to prove that you are wrong.

However, if you have evidence especially documentary proof or if you can bring in an expert who can testify on your behalf you have a very good chance of winning because you will have someone who has inspected the car tell the court that the work wasn't done that was needed.

Do you see what I?

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