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Should I pay? Auto body shop did a lot of work WITHOUT my permission...

Braintree, MA |

I am having my car fixed a local car auto body shop. They messed up on the oil change (the cover came off while driving & oil got in places it shouldn't have). They changed the thermostat - still overheating. I dropped off my car this past Thursday and now it's Monday, still not done. It turned out that did a LOT of expensive work after I specifically said to CALL ME FIRST with an estimate. I never signed ANYTHING either to give the go-ahead. They even sent the car out to another auto shop without my permission. They are going to charge me a lot and I cannot find a lawyer in my area that specializes in this situation. Please help.

Attorney Answers 3


It sounds like you are in a tough position because if you don't pay, the mechanic might sue you for services rendered even if unauthorized under a theory of quantum meruit (meaning you were unjustly enriched by the additional services). To beat that kind of claim, if the car is in no better state than when you dropped it off or is worse, which it sounds like it is, the best thing to do is get your car out of that garage immediately even if you have to tow it somewhere else and pay the mechanic for what you did ask for and which was properly performed. You could try bargaining with the mechanic to lower the price or search this website for attorneys who handle similar claims. You likewise may have a claim under the consumer protection act for the unlawful or deceptive acts or practices of the mechanic, and most attorneys are capable of handling those types of claims. You may also want to contact the Attorney General's office to file a complaint. This happens far too often and I would be surprised if you are unable to find an attorney to help you with this. Best of luck.

Please be sure to mark if you find the answer "helpful" or a "best" answer. (It lets us know how we are doing.) Attorney Kremer is licensed to practice in Massachusetts. Please visit her Avvo profile for contact information. In accordance with Avvo guidelines, the following disclaimer applies to all responses given in this forum: The above is NOT legal advice, and is NOT intended to be legal advice. No Attorney-Client relationship is created through the above answer.

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This is a tough situation because a lot for a car repair isn't usually a lot for a lawyer to charge. I don't know of any lawyers who specialize in car repair overcharging.

Good luck.

Evaluating any legal question requires a detailed knowledge of the specific facts involved. Since a short question will rarely contain all the relevant facts, the answer here should be considered a general comment for your consideration and not legal advice.

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You may be able to fight it. Start with the information below; see

Do you want accurate, personalized, legal advice that you can rely on? You will have to hire an attorney, not ask on Avvo. I am not your attorney and am not creating an attorney-client relationship by this post. I am therefore giving only general advice. This advice may not apply to you or your situation; may not take account of all possibilities, and may not match the advice I would give to a client. DO NOT rely on this advice or any other advice on Avvo to make your legal decisions. If you want an answer to a legal question you should retain an attorney who is licensed in your state.

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