Car repair, insurance, and deductible
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Car repair, insurance, and deductible
Early last year, I had my bumper repaired for some damage caused by an animal. The auto body shop had me sign the paperwork for work done, said I didn’t owe anything and sent me on my way. Then, last month, I received a call stating that I owe them $500 for my deductible that they failed to collect almost a year ago. Should they eat the cost they forgot to collect or should I pay them and just be irritated about the situation?
Asked on January 4, 2017 under Accident Law, Wisconsin
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Forgetting to the get the money earlier does not mean they are not legally entitled to it, or could not successfully sue you for the money, unless they have waited so long that the statute of limitations (time period within which to sue) has expired. But in your state, the statute of limitations for a case like this is 6 years (it is the statutory period for contracts, since it arises from the agreement, whether written or oral, to pay them for the work done on the car), which means they are well within time to seek the $500. If you don't pay it, they could sue you and almost certainly win.
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