What is my recourse if my car was damaged during the installation of a sound system?
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What is my recourse if my car was damaged during the installation of a sound system?
I took my car to get a sound system and car wrap accents. During the installation process, the business damaged my car. I have gotten 2 estimates – 1 was for $3,400 and the other for $5,800. I was wondering what my options are?
Asked on August 15, 2017 under Business Law, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
It would be advisable to file a claim with the shop's insurance carrier. If the case is settled with the insurance carrier, NO lawsuit is filed.
If the claim is NOT settled with the shop's insurance carrier, file a lawsuit for negligence against the shop. Negligence is the failure to exercise due care (that degree of care that a reasonable sound system installer would have exercised under the same or similar circumstances to prevent foreseeable harm).
You will need to mitigate (minimize) damages by having your car repaired for the lower estimate. If you were to have it repaired at the expensive place you mentioned, your damages will be reduced accordingly.
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