Can anything be done if I took a brand new car to a dealer for repair from hail storm and it was painted a different color andthe dent still there?

UPDATED: Sep 2, 2011

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Can anything be done if I took a brand new car to a dealer for repair from hail storm and it was painted a different color andthe dent still there?

5 months ago I purchased a brand car. A little over a month ago it was damaged from a hail storm. My insurance company took care of the damages. The dealership had my car for 2 months. I was told my car was ready for pick up I get there and my car is painted another color, there are tons of screws missing, and scratches and the bumper is still damaged. I refuse to take the vehicle. Will my brand new car be replaced or what can be done?

Asked on September 2, 2011 under Accident Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You may not be able to get a new car, but you should be able to get the work corrected. Work on a car in a situation like this has to be done--

1) Carefully--i.e. not negligently

2) According to spec--i.e. the way the agreed to do the work; the way the work was authorized

You insurer should be going to bat for you; if they won't, you may need to take legal action to either force the work to be redone and/or for compensation. What if the appropriate remedy and how much/what you should receive will depend in largepart on the expense and feasibility of correcting the situation. Contact your insurer, explain the situation, and see if they will take action; if not, you should consult with an attorney. Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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