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Maverick
Maverick, Attorney
Category: Legal
Satisfied Customers: 6353
Experience:  20 years experience as a civil trial and appellate lawyer
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You helped me in the past about this body shop problem. I am

Customer Question

You helped me in the past about this body shop problem. I am taking this body shop to small claims court in Wyoming. This subject is all about not suppose to use a aftermarket fender unless he informs me before the repair. I went to the internet and clicked Wyoming motor repair act. then I clicked state collision repair laws and regulations-Mopar. That sight listed the regulations per state. I went to Wyoming and it stated in Wyoming the vehicle owner has the right to know that non Oem Parts will be used in the repair etc etc etc.If you go to those sights and go down to Wyoming you will see the regulations. My questions are. It does not state to what statue to or what law. Can I just use that statement in court? or will the judge ask for the statue or law? Also I need to find out what the statues of limitations are for a civil case in Wyoming. Also I need to know the max amount I can sue for. One sight says 3000 dollars and another says 6000 dollars. can you find out for me? I also contacted the wy ins. commission and they only regulate the insurance companies. this repair job was not covered by ins. This was a job straight from the body shop to me ok.
Submitted: 8 months ago.
Category: Legal
Expert:  Maverick replied 8 months ago.

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Expert:  Maverick replied 8 months ago.

1. It does not state to what statue to or what law. Can I just use that statement in court? or will the judge ask for the statue or law?

HERE IS THE LAW: [Notice that the law applies to insurance covered repairs].

Wyo. Ins. Regs. Ch. 19

Identification. An insurer is prohibited from directly or indirectly requiring the use of any aftermarket part that does not carry sufficient permanent identification so as to identify its manufacturer. The identification must be accessible to the extent possible after installation.

Like Kind and Quality. An insurer is prohibited from directly or indirectly requiring the use of any aftermarket part in a vehicle repair unless the aftermarket part is at least equal in quality to the original part in terms of fit and performance. The cost of any modifications which may become necessary when making the repair must be considered as a factor in determining the quality of the aftermarket part.

Consent. An insurer is prohibited from directly or indirectly (1) requiring the use of non-OEM aftermarket parts, (2) accepting an estimate, or (3) authorizing any repair, unless the consumer is advised that he or she is not required to accept non-OEM aftermarket parts in the vehicle repair and consents in writing to the use of those parts before repairs are made.

Repair Estimate Disclosure. All aftermarket parts installed on a vehicle must be clearly identified on the repair estimate. The insurer must disclose to the claimant in writing, either on the repair estimate or on a separate document attached to it, the following information in at least 10-point type:

THIS ESTIMATE HAS BEEN PREPARED BASED ON THE USE OF AUTOMOBILE PARTS NOT MADE BY THE ORIGINAL MANUFACTURER. PARTS USED IN THE REPAIR OF YOUR VEHICLE BY OTHER THAN THE ORIGINAL MANUFACTURER ARE REQUIRED TO BE AT LEAST OF EQUAL QUALITY IN TERMS OF FIT AND PERFORMANCE TO THE ORIGINAL MANUFACTURER PARTS THEY ARE REPLACING.

Penalties. A violation of the regulation is punishable in accordance with Wyo. Stat. § 26-1-107, which establishes various criminal and civil violations.

2. Also I need to find out what the statues of limitations are for a civil case in Wyoming.

The SOL for breach of contract is at least 8 years;

for negligence and property damage claims it is 4 years.

3. Also I need to know the max amount I can sue for. One sight says 3000 dollars and another says 6000 dollars. can you find out for me?

Per rules 1-7 the limit is 6k.

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