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Samuel-II, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 27011
Experience:  Practice of law for 20 years
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My daughter had a fender bender" with damages to the tune

Customer Question

My daughter had a 'fender bender" with damages to the tune of $3,450 (2 estimates). I took the vehicle to a shop that I had done business with a year ago - where I told them to fix the car to the best of their ability for $2,000 (I have a $1,000 deductible). The front desk guy explained if I paid CASH he would take 10% off the top number and apply it to the available insurance money which would bring me close to the number I wanted. I said fine do that. (this is exactly how the process worked the last time I was there). I will say here, that the guy spoke broken english. Every time I pointed at the number I needed them to come to he kept saying "no problem, no problem". The only thing I signed was a notice for them to fix my car. There were no figures on this paper or any list of repairs they were going to do on their letterhead, and the only paper he gave back was MY insurance estimate where my adjuster highlighted the damages. He said they would need 1 or 2 weeks. I called periodically to make sure things were ok and kept telling them to call me if there were any issues. On week 2 I reminded him about the passenger door window that they needed to put in a supplemental claim for. Four days later the owner finally called and said he had heard nothing from the ins. co. I said they were supposed to call me if they had not heard so I could follow up. By the end of the week they called to pick up the car. When I got there the front guy said I owed $3,450. I said that is not what we talked about - I said to fix the car as best as you can for $2,000. He denied that was the agreement. He was supposed to have the owner call me and 3 days later it still has not happened. The guy told me to pay with the CASH I have and put the rest on a credit card. I said that is not an option. I stopped in today and he said the owner has been out of town and will probably be back tomorrow afternoon and he should call me. What can I do?????
Submitted: 4 years ago.
Category: Consumer Protection Law
Expert:  Samuel-II replied 4 years ago.

I am an attorney with more than 25 years experience and look forwarding to providing you information to assist you with this situation.

I suggest, of course, you first need to speak with the owner in this matter. And perhaps it will be resolved. If not, then I suggest you will have to pay the amount to get the car and then you will need to file in small claims court for the amount you feel you were overcharged.

I suggest that while a verbal agreement can be challenged, it is not an easy task. But you can file in small claims court on your own, without the help of a local attorney. And you also request your filing fees be reimbursed should the court side with you

Here is a link to help
you understand more about the small claims process. You basically can get the forms to file from the clerk of the court.

My goal is to ensure you have clear, true and correct information to assist you with your situation. If you have other questions in this regard, please post here and do not rate this until you are fully satisfied. Thank you