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The Body Shop?

Can I hold a body shop responsible for damages that occurred due to their mistakes?

  • My brand new car was rear ended, and as part of the repairs, my car's rear driver side door had to be removed and realigned because it had been pushed forward into the driver door. Something they did (or didn't do) resulted in that rear door having a faulty microswitch/lock module. My car's security system can no longer detect when that particular door is opened, which means that if I use the key fob to open that door, the doors will automatically lock 30 seconds later because the system doesn't register that a door has been opened. Unfortunately, I was completely unaware of the problem until after I secured my toddler in his car seat (10 days after receiving the car back from the body shop). As a result, my toddler was locked in a hot car, along with my purse and phone. Luckily I was right outside his daycare and they called 911. After trying to pry my car door open, the firemen ended up having to shatter my front passenger side window (it was hot outside and my son was starting to sweat). The cost to replace my glass and fix *some* of the body damage from them trying to wedge the door open was almost $1,000! Coincidentally, this is the amount I paid this body shop for my deductible (the repairs cost over $13,000). Can I hold the body shop responsible for this damage? If so, and if they refuse to reimburse me and fix the rest of the body damage, would it be wrong for me initiate a credit card dispute/ charge back? I'm extremely frustrated and angry with the quality of the repairs and shoddy paint job this shop did!

  • Answer:

    Probably not, and for a couple reasons.  First, as notes, you may have difficulty proving that they are actually to blame for the damaged sensor, or that they are responsible for fixing the sensor in the first place.  Body shops tend to commit only to fixing the cosmetic damage incurred in accidents and may even disclaim mechanical problems in their estimates, contracts, and bills. Then there's issues with tort theories of liability.  Was it reasonably foreseeable that you would lock your keys in your car with your toddler?  I don't think so - in fact, that act in and of itself would likely be considered negligence by the law.  And, if it was not reasonably foreseeable, then the body shop cannot be held liable for the resulting damages. Initiating a charge-back or dispute would actually be fraudulent behavior on your part - the amount billed to you and paid by you was for the work previously done, and that work was completed and signed off by you when you left the shop.  You have no recourse to stop payment for those services, and doing so would look very bad on your part if this went to court. You should absolutely consult with a lawyer in your jurisdiction over this, although with the small amount in question, it might be worth it in time and effort to chalk this up to a learning experience.This answer is not a substitute for professional legal advice....

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It seems like a long chain of events so I think it will be difficult to assign blame to the body shop. They might simply claim that the accident that you were in previously was the cause for the switch failure. You have no proof that they did any damage to the micro switch. On top of that, they will certainly claim it was negligent of you to leave your child unattended with the keys in the car. They have nothing to do with that. Because of this, I think you should ask a real lawyer about this case instead of strangers on the Internet.

Jack Dahlgren

I don't think you could hold the body shop responsible for the fact that the fireman had to break into your car. I think that this would be what is called an intervening act that is too far removed from the body shop's error. You also would have to prove that the shop messed up with the sensor and that to do so was a negligent act. The body shop may not even have known about the sensor. However, I do think it would do you well to consult with an attorney who deals specifically with car repair issues. This is not a focus of mine and I don't know the law in your state. There may be special laws that would help you. If you try to challenge the credit card fee, the credit card company will probably simply tell you that it cannot get in the middle of what is a legal dispute.  If you do decide to challenge the bill, please be honest in explaining what happened. I think you should try to get the original damage repaired properly, but I would not expect the body shop to pay for the damage that comes from rescuing your child. At this point, the damage may be such that the work would have to be done over again any way. Only you can judge that. I am glad your baby is ok.If you require legal assistance, please contact a lawyer in yo...

Jennifer Ellis

No. Why? "My car's security system can no longer detect when that particular door is opened, which means that if I use the key fob to open that door, the doors will automatically lock 30 seconds later because the system doesn't register that a door has been opened." Because unless you have some off brand car from some third world country (which probably wouldn't even have an auto locking feature to begin with), there is a 99.99999% chance that you can disable this feature, yet have chosen to not look up the instructions on how to do it in your owner's manual.

Anonymous

No. First, you mentioned your deductible which tells me your insurance company paid the majority of the repairs. Most insurers today write their own estimates (or at the very least go behind the body shop's estimate and cut the hell out of it). Did the insurer have a replacement on that sensor? Did the insurer authorize (and pay) the body shop to analyze the electrical system to ensure all switches were functioning correctly? If the answer to these questions is no then you cannot really hold the body shop accountable. Switches are a part of the cars electrical system. Manufacturers recommend that all electrical issues are addressed by manufacturers technicians at dealerships, who are trained and have very expensive equipment to do that job. A body man could certainly look at a switch and see physical damage to it; but if it physically looks fine he would have no idea it was not working properly. Expecting a body shop to fix electrical issues is like expecting your doctor to fix your leaking roof.

Tim Carroll

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