Claiming Damages When Unauthorized Car Repairs Were Done

Car repairs can sometimes lead to disputes, especially when repairs are made without proper authorization from the car owner or the insurance company. This article explores the legal rights and remedies available to car owners in such situations. The key takeaway points include understanding the legal boundaries around repairs, the role of insurance companies, legal actions, and the court's perspective on such cases.

Key Points for Understanding Unauthorized Car Repairs

About a car being a piece of property, the legal authorization to make repairs lies with the owner of the car. Insurance companies, while often willing to pay for repairs, do not have the legal standing to authorize repairs to be made. This is a crucial distinction that car owners need to understand to protect their rights and avoid financial and legal complications.

Legal Implications and Actions

Vandalism and Extortion

When a body shop conducts repairs on a car without the car owner's authorization, it can be considered vandalism. In some cases, it might also constitute an element of extortion, where unauthorized repairs could be used to try to extort money from the car owner. It is imperative to involve legal counsel to address such issues and pursue necessary actions.

Preserving Evidence and Reporting to the DOI

To protect your rights, always preserve evidence of unauthorized repairs. Contact your Department of Insurance to learn about the process of pursuing legal remedies against both the insurance company and the body shop involved. The Department of Insurance can provide valuable guidance and possibly assist in prosecuting the insurance carrier and the repair shop.

Half-Completed Work and Liability

Even if the work is only half completed, it is still better to have some repairs done than none. However, the next repair shop might not be pleased about the half-finished work and might charge more or become less cooperative. If you initiated the unauthorized repairs with the knowledge that insurance might not cover the costs, you might be seen as partially responsible for the situation.

Court's Perspective on Damages and Reasonableness

Jurisdictions vary, but generally, the courts may not side with car owners if they are in a worse position than before the repairs were made. If an unauthorized shop has done only half the work and is not seeking any payment, it could be considered a reasonable response. Courts may not see it as unreasonable if the unauthorized work has saved you money compared to a total failure to repair the car.

Conclusion

Unauthorized car repairs can result in significant complications for car owners. Understanding the legal framework, preserving evidence, and seeking professional legal advice are crucial steps to take in such situations. Always ensure that any repairs are authorized by the rightful parties, either the car owner or the insurance company, and document every action taken to protect your rights and financial interests.

References

This article is based on general legal principles and may not cover all specific laws and regulations applicable in each jurisdiction. For detailed legal advice, consult a licensed attorney in your area.