Hayward, CA asked in Consumer Law, Contracts, Criminal Law and Mergers & Acquisitions for California

Q: Can I sue a DRP repair shop for omitting replacement parts and tampering/flashing car computer and security system?

No authorization recieved or revealing of acts in any correspondences or in any invoice , estimate given .

2 Lawyer Answers

Dale S. Gribow

Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: MORE INFO NEEDED

YOU CAN SUE ANYONE AT any time FOR ANYTHING.

THE ISSUE IS USUALLY IS IT WORTH THE MONEY YOU WILL SPEND FOR LEGAL AND WHAT ARE THE CHANCES OF WINNING? AS A RULE, ONLY ACCIDENT CASES ARE HANDLED ON A CONTINGENCY. THUS A LAWYER WOULD ASK FOR MONEY TO PUT IN TRUST FOR THE CONSULTATION AND REPRESENTATION AND FILING AND EXPERTS ETC

DOES YOU HAVE AN EXPERT TO TESTIFY THAT IT WAS DONE INCORRECTLY AND THAT IS THE CAUSE OF YOUR PROBLEMS....?

William John Light agrees with this answer

William John Light

Answered
  • Riverside, CA
  • Licensed in California

A: Leaving out replacement parts seem like fraud, if you paid for them in a prior repair. However, if you didn't give an authorization, or receive an invoice or estimate, it is unclear how or why the shop was required to install replacement parts.

Not sure how "flashing" the car computer and security system damages your car. Shops might need access to the ECU to diagnose motor issues.

You can file a complaint with the Bureau of Automotive Repair: bar.ca.gov/Consumer/Complaints/index.html

You can sue in Small Claims court if you can prove that you paid for services/parts that you didn't receive, or that the shop somehow damaged your ECU. You will need testimony from a mechanic to support your claims.

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