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recover damages to property

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S

spots

Guest
What is the name of your state? Iowa

Last week I had a local business install a trailer hitch in my truck. They installed a used hitch for a different make of truck. Because it was not the proper hitch for my truck they had to make some modifications to the hitch to get it in, also because it was not the right model it was installed improperly and was unsafe to use. This was confirmed by both the hitch manufacturer (I sent him pictures) and another dealer of this brand of trailer hitch. They also charged me for all the time it took for them to try and modify the hitch.

They have taken out the previous hitch and replaced it with a new hitch of the proper model but in the process of replacing hitches additional holes had to be drilled into the bed of my truck (the hitch I had installed was a gooseneck hitch). There also was a plastic bedliner in the truck that has been ruined. At this point I'm trying to see if I can get a deal worked out to pay for the repairs to the truck bed and the liner.

They have offered to do the body work themselves, but they have done such a sloppy job on everything so far I want to use a body shop that I have experience with. They have also offered to put in a new plastic liner but I would prefer a spray-in liner which is about $200.00 more. He says I am being unreasonable.

Considering he initiall tried to commit fraud by installing a used hitch can I also persue filing criminal charges for attempted fraud?

If we go to small claims court I would include all the time I have had to spend on the phone and running around and taking personal vacation time from work to deal with this.

He should count himself lucky that I realized that the hitch was unsafe to use, somebody being killed by a large trailer breaking loose would not have been good, and could potentially cost him his business.
 
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BL

Senior Member
At this point I'm trying to see if I can get a deal worked out to pay for the repairs to the truck bed and the liner. [ Quote ]

Why are you trying to work out a deal ? Haven't you learned your lesson ?

If your bed liner was not spray on , you can-not expect that one will be installed. unless you get awarded money for a new one & you to pay another $200 yourself.

You do have the right to for the refund/return of parts/labor cost, the parts/replacement or repair of your damages.

Don't try making a deal . Get other estimates at least 2 , go to small claims , or civil trial , depending on the total amount, and get the money you are entitled to.

You will probably, not be able to recover for travel, time off, Etc. , but you can certainly ask for it too .
 

JETX

Senior Member
"Considering he initiall tried to commit fraud by installing a used hitch can I also persue filing criminal charges for attempted fraud?"
*** No.

"If we go to small claims court I would include all the time I have had to spend on the phone and running around and taking personal vacation time from work to deal with this."
*** Go ahead. The court will disallow them since they are not compensable 'damages'.

"He should count himself lucky that I realized that the hitch was unsafe to use, somebody being killed by a large trailer breaking loose would not have been good, and could potentially cost him his business."
*** Possibly true, but not relevant.

"There also was a plastic bedliner in the truck that has been ruined."
"They have also offered to put in a new plastic liner but I would prefer a spray-in liner which is about $200.00 more. He says I am being unreasonable."
*** If the original 'damaged' liner is a bedliner as you state, you are not entitled to an upgraded spray in liner. If that is your demand, you are being unreasonable. If they are found at fault, their only obligation is to return you to the pre-damaged condition, not better.
 

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