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Paint damage, can I sue?

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Number21

Member
What is the name of your state (only U.S. law)? OR

Sorry, I'm not sure if this is in the right category.

I took my truck to a mechanic for some work about a month ago. I was told the repairs should take about 2 days. It took 3 weeks to do the same agreed upon repairs, and he only billed me for 12 hours of labor. During this time the paint became damaged in two large areas on the hood, and another large spot on the driver door. These panels will have to be repainted.

Right before I took it to the mechanic, I met with my insurance adjuster about another unrelated incident. Some other body panels need to be painted. Because of this, they made a very detailed examination of my paint, with pictures. They noted every mark. I can prove the additional marks were not there when I gave it to the mechanic. The hood and door were previously undamaged.

Mechanic claims he couldn't have done this, he is too careful. That's about all he has to say for himself. He also claims he's going to sue me, I'm not sure what for.

Is the mechanic at fault for damaging my paint? He's basically trying to say somebody else must have done it while he had it, but even if that happened, isn't he still responsible? It was under his care and supervision. I never told him he could keep the vehicle for 3 weeks, I tried to get the vehicle back early but he wouldn't answer his phone or his door. I almost reported it stolen.
 


Number21

Member
You can certainly sue. Your problem appears to be proof.
What proof do I need? Paint was perfect in these areas before I dropped it off. I can prove that.

Paint was damaged when I came back to get it. I have witnesses. Mechanic was the only person who had it during this time.

The mechanic basically admits the damage happened during his possession of the vehicle. He thinks because somebody else could have done it, he is no longer responsible. Is this true?
 

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