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If a repair company causes damage to your car during a oil…

Customer Question
If a repair company...

If a repair company causes damage to your car during a oil change is the company responcible for repairing the car evan if the repair is more than the blue book value of the car? I took my car in for oil change drove it home then I stopped the car did not have any oil in it. the companies insurance company paid the blue book value but the repair cost more than that blue book value.

Lawyer's Assistant: When was your last oil change?

I get it changed regularly every 3000 miles the oil was changed on the 13th of august that is when it did not have oil when I took it home, the company came and towed it to the station on the 14th of august because it would not run. I picked it up again on the 18th of aug they said all was fine. on the 21 st. of august it thru a rod. the mechanic I have went to for 10 years retired and referred him to me.

Lawyer's Assistant: What year is your Station?

My car is a 2001 chryser sebring convertable with 127000 miles I bought it new and have always taken good care of it I am 63 years old the repair person said when I called and told him he was afraid of that. which was odd. I think he new it was damaged and was hoping it would last long enough that it could not be tied to him

Lawyer's Assistant: Are you fixing your Station yourself? What have you tried so far?

I got four estaments and went with the lowest and got it repaired. his insurancepaid $ 2616.24 of the repair and i had to pay the difference $2388.76.

Lawyer's Assistant: Anything else you want the mechanic to know before I connect you?

I have filed a small claims case for the difference the court date is jan 10 they got a attorrny and sent a letter that if i lose i will have to pay all their attourny fees and court costs so i do not know what to do it could cost me more money

Lawyer's Assistant: When we are ready I'll take you to the appropriate web page.

I had to have a new engine put in rebuilt one

Submitted: 6 months ago.Category: Consumer Protection Law
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Answered in 8 minutes by:
12/29/2017
Consumer Protection Lawyer: LegalPro, Lawyer replied 6 months ago
LegalPro
LegalPro, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 14,405
Experience: Consumer protection attorney with significant experience in fraud prevention.
Verified

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

The law requires them to make you "whole," meaning to put you in the same position you would have been in if the incident did not occur. Paying you the fair market value for the vehicle makes you "whole" because, by definition, such a sum of money will allow you to go out and buy a comparable car. Paying you the repair costs, if those exceed the FMV, would actually put you in a better position that you would have been in had the incident not occurred, as you could take that money, by a comparable replacement vehicle, and then pocket the rest. The law does not require the insurance company to do this. The maximum amount the insurance company is ever requires to pay is the fair market value.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

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Customer reply replied 6 months ago
since I went and got my car repaired with a rebuilt engine then I did not do anything except make myself whole in the same position as before they worked on it so a judge would know that I did not go by a new car, and to find a car that age with the low milage and good condition it is in would be almost impossible to find. I would be forced to buy a car and make payments I just retired and live on a very small fixed income
Consumer Protection Lawyer: LegalPro, Lawyer replied 6 months ago

Thank you. I understand your frustration, certainly. However, it does not change what the insurance company is legally required to do. All they are required to do under the law is pay the fair market value of your vehicle, even if repair costs would be more. You can certainly argue that the fair market value was more than what you were paid, but you will not have any success in court arguing that you should get the full repair cost in excess of the FMV. This is just me trying to answer your question honestly. I truly wish I could provide better news but of course I am limited to telling you what the law actually says.

Again if there is anything more I can do for you just let me know. It's my pleasure....

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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).

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