My question involves a consumer law issue in the State of: Texas
I had my vehicle repaired at a manufacturer approved collision center. However on completion of the work I reported that I still had an issue. I took the vehicle back to the shop and reported the issue and was told there was none and that action had been taken as a courtesy.
I continued to be unhappy with the vehicle and took it to another shop for assessment who confirmed I had a defect on the car that was repaired incorrectly and I would need additional parts.
My insurance assessor has been out to the vehicle today and along with the new shop confirmed I do indeed need new parts. My insurance assessor was unhappy because according to the old shop, those parts were already replaced. The only conclusion we are able to come to is either a) the replacement parts were defective which should have been spotted at the original repair facility or b) the parts were never replaced but were billed for and the company collected the money without actually doing any work
My insurance agent is attempting to work with the old shop for reimbursement for the parts they paid for.
At this point I have been without my vehicle for over a month and I am considering taking action against the original bodyshop for compensation in respect of;
1. loss of time
2. additional costs incurred while without my vehicle
3. payment of my full insurance deductible was made to them for incomplete work
4. potential of further damage being caused to my vehicle due to the incomplete repair or undue wear and tear
As an additional note, I drive for Uber and Lyft and have not been able to drive for them while my vehicle has been in for repairs, therefore I would want to add
5. potential loss of earnings.
What I'm confused about is whether these are things I can even go to small claims court for. Or if there are other things I should take into account.
Can anyone assist?
and as an additional item
I had my vehicle repaired at a manufacturer approved collision center. However on completion of the work I reported that I still had an issue. I took the vehicle back to the shop and reported the issue and was told there was none and that action had been taken as a courtesy.
I continued to be unhappy with the vehicle and took it to another shop for assessment who confirmed I had a defect on the car that was repaired incorrectly and I would need additional parts.
My insurance assessor has been out to the vehicle today and along with the new shop confirmed I do indeed need new parts. My insurance assessor was unhappy because according to the old shop, those parts were already replaced. The only conclusion we are able to come to is either a) the replacement parts were defective which should have been spotted at the original repair facility or b) the parts were never replaced but were billed for and the company collected the money without actually doing any work
My insurance agent is attempting to work with the old shop for reimbursement for the parts they paid for.
At this point I have been without my vehicle for over a month and I am considering taking action against the original bodyshop for compensation in respect of;
1. loss of time
2. additional costs incurred while without my vehicle
3. payment of my full insurance deductible was made to them for incomplete work
4. potential of further damage being caused to my vehicle due to the incomplete repair or undue wear and tear
As an additional note, I drive for Uber and Lyft and have not been able to drive for them while my vehicle has been in for repairs, therefore I would want to add
5. potential loss of earnings.
What I'm confused about is whether these are things I can even go to small claims court for. Or if there are other things I should take into account.
Can anyone assist?
and as an additional item
Service and Repair: Vehicle Was Repaired Incorrectly Despite Being Given Opportunity to Repair
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