Auto Repair shop jumps price after estimate without notification.

Colorado
I took my car into Macco in colorado springs to have its damages estimated. At the time, I was given a $2300 estimate. A few days later I came back with my insurance adjusters estimate, and gave it to the shop receptionist (because I thought I had to for insurance reasons) and signed for the authorization of repairs up to 2300 dollars. During the time my car was in the shop, the mechanic called me once, asking if I wanted to go by my insurance adjusters estimate. I said "No, I want whatever is cheapest." His reply was "Okay, we will try to save you some money then." After this conversation I was under the assumption his original estimate was the estimate he was using to repair my car.
When I came to pick up my car, the revised estimate had jumped to 4585 dollars. Not once during the time my car was in the shop was I notified of a price change, or gone over what was being done to my car.
The insurance company settled with me and I did sign off a statement on the original estimate that I authorized the insurance company to pay Macco directly for repairs. The mechanics argument is that because I signed this and gave them a copy of the insurance adjusters claim, that I authorized them to make those repairs.
I said I thought I had to give authorization for the insurance to pay Macco because of the possibility it may go over my settlement and in that case they could work it out with my insurance directly. My insurance adjusters appraisal says on the back, that it is not authorization for repairs. I never authorized any additional repairs.

What do I do from here?
Opinions?
HELP!?

Auto Repair Act

Colorado has a Motor Vehicle Repair Act, which generally requires repair garages to obtain written consent to any repair before work is performed. A repair garage must also provide an oral or written estimate of all costs associated with a particular repair.

A repair garage cannot charge more than 10% over the estimate it gives for labor or parts, or $25 dollars, whichever is less, without the consent of the consumer.

A consumer may have private remedies under the Motor Vehicle Repair Act.

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read this:

http://www.ago.state.co.us/consprot/consumerlaws/MotorVehicleRepairAct.pdf

then go here for direction:

http://www.ago.state.co.us/consline/consline.cfm

Thank you for your reply. I have read through that act, and it seems I am in the right. However in that article, it also says that while there is a dispute over an amount of money, that they cannot hold my car as a lien... but they are. I filed a complaint with the police, and it is being sent to the DA, but in the meantime, my car is stuck at the shop, most likely with storage fees because it has been there for a few days now and neither the DA or the police say they can enforce this part of the statute and get my car to me.

I do appreciate your help, and any other advice is welcome. Thank you.

as to the storage charges;

if you are in the right and they are illegally holding it, they cannot collect on the storage fees.

call 800-222-4444.

That is Colorados consumer line. They may be able to offer you direction in retrieving your car NOW.

Thank you for your responses justalayman. I have another question, which I understand you may or may not be able to answer.

When this is taken to the DA, and if the company is found guilty of cheating me, or dishonest conduct or whatever it is they are found guilty of, what can I expect in terms of it being settled once and for all by the DA? Will I need a mediator, or will it be decided by the DA themselves? Will I need to go to court to collect even if it is decided they are in the wrong?

Hello again, today I received a letter from the DA stating that they have found Maaco in violation of the Motor Vehicle Repair Act and that a patrol officer would be serving them with the charges and a court date, my question is, would it be worth it after Maaco is served with the charges, to offer to drop the charges against them if they release me from the extra cost they added to fix my vehicle? I would rather it just be settled here. If they are willing is that an option?

Thanks in advance!

Jooble said:

Hello again, today I received a letter from the DA stating that they have found Maaco in violation of the Motor Vehicle Repair Act and that a patrol officer would be serving them with the charges and a court date, my question is, would it be worth it after Maaco is served with the charges, to offer to drop the charges against them if they release me from the extra cost they added to fix my vehicle? I would rather it just be settled here. If they are willing is that an option?

Thanks in advance!

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You can't drop charges against them...

to expand on the overly verbose Zigner (yes, that is sarcasm).

You are not the one pressing charges, the state is so you cannot drop what you are not charging them with.

Haha, thank you for your replies. Will I be the one that needs to show up in court? What will the court hearing be like? Do I need a lawyer? Ive never experienced anything like this so I am pretty clueless unfortunately.

This whole experience has taught me quite a bit though.

Jooble said:

Hello again, today I received a letter from the DA stating that they have found Maaco in violation of the Motor Vehicle Repair Act and that a patrol officer would be serving them with the charges and a court date, my question is, would it be worth it after Maaco is served with the charges, to offer to drop the charges against them if they release me from the extra cost they added to fix my vehicle? I would rather it just be settled here. If they are willing is that an option?

Thanks in advance!

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42-9-112. Criminal penalties.
(1) Except as provided in subsection (2) of this section, any motor vehicle repair facility or
any employee of such facility that fails to provide a completed written or oral estimate as
required under section 42-9-104 (2), or an invoice as required under section 42-9-108, is
guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less
than five hundred dollars nor more than two thousand dollars per violation. No portion of the
minimum fine for repeat offenders shall be suspended.
(2) Except as otherwise provided in subsection (4) of this section, any motor vehicle repair
facility or any employee of such facility who violates section 42-9-111 is guilty of a
misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than five
hundred dollars nor more than one thousand dollars per violation. No portion of the
minimum fine for repeat offenders shall be suspended.
(2.5) Any motor vehicle repair facility or any employee of such facility who violates any
provision of this article other than the provisions for which penalties are provided in
subsections (1), (2), and (4) of this section is guilty of a misdemeanor and, upon conviction
thereof, shall be punished by a fine of five hundred dollars per violation.
(2.7) A violation of this article shall also constitute a deceptive trade practice in violation of
the "Colorado Consumer Protection Act", article 1 of title 6, C.R.S., and shall subject the
motor vehicle repair facility or any employee of such facility to the remedies or penalties
contained in article 1 of title 6.
(3) (Deleted by amendment, L. 97, p. 863, § 11, effective May 21, 1997.)
(4) Any motor vehicle repair facility or any employee of such facility who violates the
provisions of section 42-9-111 (1) (j) is guilty of a misdemeanor and, upon conviction
thereof, shall be punished by a fine of not less than two thousand five hundred dollars and
not more than five thousand dollars per violation, or imprisonment in the county jail for up to
one year, or both.
42-9-113. Civil penalties.
In any civil action for the enforcement of this article, the court may award reasonable
attorney fees and costs to the prevailing party, and a customer shall be entitled to treble
damages for failure of any motor vehicle repair facility or any employee of such facility to
comply with this article, except for clerical errors or omissions; but in no event shall such
damages be less than two hundred fifty dollars. The customer shall first make written
demand for the customer's damages from the motor vehicle repair facility by certified mail at
least ten days prior to the filing of any such action, exclusive of Saturday, Sunday, and any
legal holiday. Such action shall be brought within the time period prescribed in section 13-
80-103, C.R.S.

Thank you Blonde, do I then, need to mail Maaco requesting the excess charges they gave me without consent to be refunded to me? I am unclear as to whether or not the DA has the authority to make them pay me back, or if that will be a decision I have to go to small claims court for. Will the decision to pay me the difference of the charges be made when Maaco goes to court with the state?

I know I ask a lot of questions, and I am grateful you are all willing to share your knowledge with me.

Jooble said:

Thank you Blonde, do I then, need to mail Maaco requesting the excess charges they gave me without consent to be refunded to me? I am unclear as to whether or not the DA has the authority to make them pay me back, or if that will be a decision I have to go to small claims court for. Will the decision to pay me the difference of the charges be made when Maaco goes to court with the state?

I know I ask a lot of questions, and I am grateful you are all willing to share your knowledge with me.

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I would give the DA a call and ask , if they're found guilty if restitution would be part of the sentence .

You could always send that demand letter and include the statutes to the shop.

I would and state it might help the repair shop in court by voluntarily paying it .

Your State works a bit different than mine it appears .

justalayman said:

to expand on the overly verbose Zigner (yes, that is sarcasm).

You are not the one pressing charges, the state is so you cannot drop what you are not charging them with.

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I take it well
I subscribe to the "...teach a man to fish" way of thinking.

Hello again. Today I received a phone call from a police officer, saying that they had to re-submit the case because the police officer verbally reviewed the information with the DA, and Macco produced some additional paperwork. My question is, I asked for a copy of all the original paperwork at the time the incident occurred. If new paperwork is being submitted, do I get a chance to look at it? Can I speak with someone about this? Besides the fact that I am feeling pretty cheated here, I feel like this officer, since the beginning has been on Maccos side. He took their statement and didn't even hear my side before arguing with me that I was wrong, and before he even looked at the papers and admittedly didn't understand the Colorado Motor Vehicle Repair Act.
The fact is I never signed anything releasing myself from the option of choosing whether or not they could make any extra repairs without my consent. I never gave consent, and they made additional repairs at about 100% extra the original costs.

*Edit* Do you guys think it would be worth it to meet with a lawyer about this? Is it very expensive for a consultation? I am a young guy, 22, engaged and not rich by any means.

Contact the local bar association for there referral service , or you could use the features right on this site to find one to consult .

Consults for 1/2 hr. would run about 40-50 bucks .