Q: What are my legal rights? Can I sue?
A year or so ago my vehicle was vandalized but since I had full coverage my insurance paid for the repair expenses. My vehicle was serviced at an Auto Repair Shop in San Jose, CA. It took the shop about 3+ months to return my vehicle and since my insurance had a Rental-Reimbursement limit…any additional days would be covered by the auto shop (since it was their fault it was taking so long) However I received a notice from a collection agency that the shop failed to pay off the outstanding balance to the rental company and now the balance is in collections for non-payment. Not only did they not pay but my credit has been mpacted by to the unpaid bill. I have tried contacting the repair shop with no success. What are my legal rights? Can I sue?
A: Does your insurance not cover such rentals? If not, you may be able to sue the shop for negligence and/or breach of contract. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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