Our daughter was in a wreck that was not her fault. (5 cars) Her car is 6 months old and haw less than 3,000 miles. Her insurance had the car repaired but the paint did not match and the bumper fell off. Someone scratched one of the newly painted fenders on her car in the apartments she lives in. She took the car back where they agreed to fix the bumper and repaint the car, except the fender that was scratched. They wanted another $300 to repaint that. She doesn't have the money to fix the scratch that wasn't her fault either. The car now has a fender that doesn't match and is scratched. Does our daughter have any legal recourse to get her car fixed without paying for it?
Country relating to Question: United States
State (if USA): Texas
She has been dealing exclusively with her insurance company.
What have you looked into so far? The reason I ask is that often when we answer this type of question the customer replies "I already knew that" and I want to find out what avenues you have examined so far.
None, This is our first attempt to find a legal solution.
Sorry for the delay, I had to leave for a while.Your daughter can sue the company that painted the fender for either 1) the cost of repair at another place or 2) a refund. The fact that it is or is not scratched isn't an issue because they should have painted it to where it matched and when the didn't it was a breach of contract and breach of warranty. However, if the fender requires something more than repainting to fix the scratch then she would be responsible for whatever that extra cost was.She can sue for herself in JP court which is the small claims court in Texas or she can hire a lawyer to do it and sue for the attorney's fees as well.If you would like any additional information or have more questions please don’t hesitate to ask but please do so my clicking on the Reply to Expert tab.We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating to me personally if your rating is one of the lower two.I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).