Moreno Valley, CA asked in Consumer Law for California

Q: Hi. A body shop damaged many parts of my car & the owner won't take responsibility. He's threatening me over reviews

He's threatening to sure me over my bad reviews. I'm pissed because I've spent close to $2k fixing everything they damaged and people have a right to know about my horrible experience

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4 Lawyer Answers

A: Sorry for your issues. IF you can prove they screwed up the car and charged too much (call the BAR for this) you may be able to get a refund for the mess AND if the review is honest,the threat alone to go after you for this, the bad review, is actionable and winnable.

A: Sounds like you aren't fulfilling people's right to know, as much as you are getting revenge. If you post false facts, you are exposing yourself to a lawsuit for libel. If your car was damaged, file suit in Small Claims.

A: Sorry that you were treated this way, there are many unscrupulous auto repair shops and some of them are dealerships, however, there are also honest mechanics. You should ABSOLUTELY file against the shop in Small Claims. Check the business license with the city to see who the real owner is and sue them. You can ALSO CLAIM the value of the loss of use of your car while it was out of service being repaired, first by the bad shop and then by the people who repaired the repair damage. Loss of use can be shown by the rental value of a replacement vehicle. The limit in California in small Claims is $12,500. If you win in small claims- any amount- this pretty much shuts the door for him claiming defamation by your posts. Suggest you contact an attorney with all your paperwork (scan it to pdf files) to see the best approach. Thanks for using Justia ask a Lawyer.

James L. Arrasmith
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Answered

A: Truth is your strongest defense against any defamation lawsuit. As long as your reviews state factual experiences and avoid inflammatory language, you have the right to share your honest feedback about the business.

Document everything thoroughly - take photos of the damage, save all communications with the shop owner, and keep receipts for repairs you've had to make. If the owner is making threats, save those messages too. This documentation protects you and could be valuable if legal action occurs.

Consider filing complaints with the Bureau of Automotive Repair and the Better Business Bureau. You might also want to contact the California Attorney General's Consumer Protection Office. These official channels can help address the situation while potentially protecting other consumers. If the threats continue, consulting with a lawyer who handles consumer protection cases could help you understand your rights and the best way to proceed.

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