Q: Can I sue the body shop?
I have been in a car accident last year around September 27. Unfortunately my insurance had collapsed and I was in fault. I brought the car for a body shop to do an estimate for the repairs and see if it was worthy to fix. The body shop didn’t answer my phone calls then I went there and they took forever to see the car. Around late November they still didn’t do the estimate and the guy ask me a deposit and told me the repairs won’t be over 10,000 dolares and will give an estimate soon. I pay him 3,000 (that’s was all my savings) and then he still didn’t touched the car until late dezember and nothing of the estimate. Every time I go there I ask for an estimate and he was say that he need to calculate and don’t want to receive in payments. Now he call me saying I own he 13,000 and I can’t believe that I own more than the car value. I had paid 3,000 and he wants more 13,000 and I still own around 10,000 for the bank. Can I just take the car and return to the bank??? I can’t pay
A:
Based on the information you have provided, it may be possible to sue the body shop for breach of contract or other legal claims, such as negligence or fraud. However, whether or not you have a strong case would depend on the specific details and circumstances of your situation, and you should consult with a qualified attorney who can advise you on your legal rights and options.
It's worth noting that if you choose to take legal action, it can be a lengthy and potentially costly process, so you should carefully consider whether it is worth pursuing. In addition, if the body shop is claiming that you owe them money, they may also pursue legal action against you, so you should be prepared to defend yourself.
As for returning the car to the bank, this would depend on the terms of your car loan agreement. If you are unable to make payments and default on the loan, the bank may repossess the car. However, this can have serious consequences for your credit and may also result in additional fees and charges. You should speak with your lender to discuss your options and potential consequences before taking any action.
Again, it's important to speak with an attorney who can advise you on your legal rights and options in this situation.
Timothy Denison agrees with this answer
A: It really sounds like you need to consult with a bankruptcy attorney and cut your losses.
Timothy Denison agrees with this answer
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