What can I do about bad auto repair? Ask the lawyer

Q: We took our car, which is just 2 years old, to an auto repair shop. A few days later, after a not-modest bill, the car broke down. Now they want a whole lot more. Talking with another auto repair shop, it sounds like this first place did very shoddy work. Can I get my money back?

K.L., Lawndale

A: The essence of a contract is value received for consideration. This means you pay something to get value in return. If you pay and get no value, or worse, yet you are harmed (such as, your vehicle breaks down and is having more trouble), you should have a remedy. One such remedy is to get some or all of your money back. If it turns out the auto repair shop is at fault for additional, needed repair, you could have a claim for that amount as well. If you are without your car and require a rental, you may have a basis to recover that sum also.

In California, one option is to file a complaint with the California Bureau of Automotive Repair, which can be done online at bar.ca.gov/complaint. The bureau will follow up and may be able to assist with a solution.

Another option is small claims court, if a demand by you is rejected by the repair shop. If the damages exceed the jurisdiction of small claims, then a lawsuit should be evaluated. It can be challenging to economically have a lawyer handle a lawsuit, when the damages are under $15,000 to even as much as $25,000, but perhaps there is a claim that increases what you can recover (for example, is there an attorney fees clause in paperwork you have with the shop? Or is there some kind of provable fraud?).

Q: My car was totaled, and the other party is at fault. We are being offered modest dollars, but in fact, it was an excellent car, kept in very good condition and had fewer than 50,000 miles. Options?

H.D., Del Aire

A: Your experience is not uncommon. Insurers often seek to pay less than they ultimately are willing to pay.

You (or your counsel, if you are represented) can seek to negotiate the buy-out. This involves providing paperwork to show any additions to the vehicle, and/or enhancements that upgrade the value. Your car registration should be reimbursed to the extent you paid for a full year and the full year is not over. Blue Book figures can help. Repair history, purchase of tires and photographs all can be utilized in an effort to increase the offer made, to emphasize the value and excellent condition of the vehicle.

You are not required to accept what the insurance company offers. If negotiation fails, you can sue. Indeed, you may choose to bring a lawsuit for your bodily injury claims, which include pain and suffering. Thus, you would simply add the property damage as part of the lawsuit.

Online resource

The California Bureau of Automotive Repair has a Consumer Assistance Program that offers eligible consumers with repair help, as well as vehicle retirement options. The goal is to help improve California’s air quality through the reduction of motor vehicle emissions. Participation is premised upon: (a) meeting eligibility requirements and (b) the availability of funds each fiscal year (July 1 through June 30). Visit bar.ca.gov/consumer/consumer-assistance-program.

Ron Sokol has been a practicing attorney for over 40 years, and has also served many times as a judge pro tem, mediator, and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional.