QUESTION
Can an attorney help my daughter collect reimbursement from a mechanic?
Asked on Nov 11th, 2021 on Litigation - Colorado
More details to this question:
Two other mechanics say the original mechanic is at fault for not properly tightening the lug nuts on the wheel on her car, causing the need to replace the entire hub at a cost of almost $500. The original mechanic shamed and verbally lambasted her and refused to take responsibility. Still he gave her a check for $100. She has the damaged hub, photos taken by the repairing mechanic, and an email from a mechanic stating what he saw. This is extremely stressful for her. Is it worth pursuing legally? What kind of lawyer would handle it? Would the original mechanic pay the legal fees if he lost?
1 ANSWER
In general, your daughter should handle a case this small on her own in small claims court. The cost of an attorney would be more than the case is worth, and, unless the parties' contract provides for the losing party to pay the winner's attorneys' fees, or unless Colorad has a statute which allows the winner to collect attorneys' fees in these circumstances (I doubt it but I'm not a Colorado attorney), each side would pay its own. Moreover, they may allow certain liberties and informality in small claims court that would neer fly with an attorney representing you, such as using an email as testimony without the mechanic actually testifying under oath and subject to cross-examination. Your daughter also has a problem if she cashed the $100 check, as the mechanic will almost certainly make a very credible claim that he gave her the $100 in full settlement of her claims.
Answered on Nov 11th, 2021 at 6:34 PM