[V8] Rant ... and legal advice
William Gutierrez
lundabo at msn.com
Wed Sep 8 20:22:36 EDT 2004
All of this is true, but at what cost will this justice come? Here in
California, there is a filing fee for small claims. Then there is a service
fee for the complaint if the defendant does not accept mail service. Then
you have the cost of your time to go to the court hearing, which may or may
not occur on the date scheduled, depending on Court resources. Factor in
commuting costs and parking fees if your local court is in the middle of a
municipality. Even if you do win, the defendant has a right to appeal to
the Superior Court, at which they can then use an attorney, who in this case
will would likely be hired because the nature of the claim will implicate
the shop's insurance. Discovery will ensue, followed by another trial. In
the end, you could be out of pocket $100+, and have burnt 5, 10 or more
hours of your life. It may be worth it to you to seek retribution for this
wrong, but I would weigh it before you commit. Other solutions may be
reporting to the local better business bureau or other community action
service.
Good luck.
Bill G.
>From: Tdehoff at aol.com
>To: v8 at audifans.com
>Subject: Re: [V8] Rant ... and legal advice
>Date: Wed, 8 Sep 2004 19:50:41 EDT
>
>A garage is legally liable for any and all damage done to your vehicle, or
>in
>your case, wheel while its under their care. Legal action is called for.
>Almost all automotive repair institutions believe in denying any
>responsibility
>to damage done while in their care. I had to sue in small claims court a
>small garage who backed my car into the side of the garage opening denting
>and
>scraping the side of the car while fixing a flat tire. Never admitted
>their
>guilt but the court ruled in my favor. So pursue legal action promptly.
>
>Tom
>
>90 V8
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