Your Legal Questions Answered
We are having issues with auto repair and body shop. It has been almost 3 months for an estimate we received for 8 days.
If you’ve been waiting nearly three months for an auto repair estimated to take eight days, you have several options to consider pursing under Colorado law, and if applicable, the Colorado Motor Vehicle Repair Act ("MVRA"). The MVRA was enacted specifically to help protect consumers when doing business with repair shops. The MVRA does not apply to all vehicles, such as certain trucks, farm vehicles, motorcycles, antique cars, and collector's items. If the MVRA applies, then "[t]he written estimate shall include the expected completion date of such repairs." C.R.S. § 42-9-104. If the courts view the three month delay as a violation under the MVRA and you prevailed at trial you would be entitled to damages.
If there is a violation of the MVRA, the court can award reasonable attorney fees and costs to you. A customer is entitled to triple damages for any failure by a repair shop, which means three times the amount of damages. You are required to make a written demand for damages by certified mail at least ten days before filing a lawsuit, excluding weekends and legal holidays. Note that statute of limitations applies for filing an action.
Even if the MVRA does not apply, you may have additional claims for breach of contract, and depending on the facts, the Colorado Consumer Protection Act may apply.
If you would like to schedule a case assessment with one of our civil litigation attorneys, please call us at (303) 688-0944.
The foregoing information is general information only and should not be relied upon to take, or fail to take, legal action. No attorney-client relationship is formed by this information. __The only manner to obtain complete and adequate legal advice is to consult with an attorney.__
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