How do I get an Auto Repair shop to fix a damaged windshield that they damaged after I dropped it off?

I dropped my car off at an Auto Repair shop to get my wipers fixed, when I picked it up there was a ding and a crack in my windsheild. Like somebody dropped a tool on it or something. They are trying to say that it was there when I dropped it off. Basically it is my word against theirs. What actions can I take to make this right?
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Answers (1)

Donald Solomon Nathan

Donald Solomon Nathan

Contributor Level 5
There is no reason to hire a lawyer for this. You should file a small claim for the cost of the repair of the ding and the replacement of the windshield asking for a six person Jury to hear the case (cost = $12.50). Serve the body shop by certified mail so as to minimize costs you will have to spend with the Clerk of the Circuit Court of Cook County.

You'll need to gather up some proof after that. I suggest you find people who may have seen your car immediately before you brought it in for repairs who might be able to offer testimony as to the condition of the windshield and who might be able to say under oath that it was dent free. Remember, your proof doesn't have to be beyond all reasonable doubt. It just has to be "by the probabilities". That means the six strangers on the Jury have to be convinced that more probably than not, the damage was done in the body shop.

You might find upon suing the body shop that they may sing a diifferent tune about repairing your car and any damage you allege they did. It might be a whole lot cheaper for them to repair your car than it would to hire counsel to resist your lawsuit.

Prepare to compromise.

Your only two other alternatives are: 1. make a comprehensive claim on your auto insurance policy; 2. eat the loss.

Donald Nathan
www.donaldnathanlaw.com
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