Delayed car repair in Colorado — can I take legal action?
Dolan Williams
LawyerGot it! This appears to be a breach of contract based on the failure to perform within a reasonable time. In Colorado, if a contract does not state a specific time in which the parties are to meet the requirements of the contract, then the parties must meet them within a reasonable time. (Boggs v. McMickle, 120 Colo. 53, 206 P.2d 824 (1949). See also Geiger v. Kiser, 47 Colo. 297, 107 P. 267 (1910); Ranta Const., Inc. v. Anderson, 190 P.3d 835 (Colo. App. 2008).)What is a reasonable time depends on the facts of each case, including the subject matter of the contract, the reasons each party entered into the contract, and the intentions of the parties at the time they entered the contract. This means that you have a couple of options. The quicker, informal option is to send a demand for performance. Performance being that they finish with your vehicle as soon as possible. I have templates that you can look at: https://www.contractscounsel.com/t/document-form-checkout/119 You can file a lawsuit in your local court. If you’ve already sent a bunch of letters, then the truth is this is the only way to compel them to do anything. You can file a complaint with the Attorney General’s Office by clicking here - https://coag.gov/file-complaint/ You can explain that this is an unfair business practice.
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Recently my car was rear ended. I had brought the vehicle to an auto body shop to do my repairs. They told me that they would have my car for a week. They had run into an issue with paint… no problem. They gave me another date that my car would be ready by. It was not ready. I’ve been promised different dates 6 times now. Every time they run into an issue. It has been nearly 2 months since I have given them my vehicle for repairs.
I have screenshots of 2 of the dates they had given me. Over text. The rest verbally however I have call records
Hello! My name is Dolan and thank you so much for contacting me! I just had a few quick questions for you: To clarify how long have they had the vehicle? Did they suggest how close they are to finishing?
The car has been in “paint” for one month. It has been “close to finished for a month”, I dropped off my car on [date] at 7:30pm. Original agreement is that I’d have the car back by the following Sunday.
I'm so sorry about that! What state is this in again? Also, is your insurance company paying for this?
Colorado, my insurance sent me a set amount of 3300 dollars the quote they gave me for the repairs is [amount]
Got it! This appears to be a breach of contract based on the failure to perform within a reasonable time. In Colorado, if a contract does not state a specific time in which the parties are to meet the requirements of the contract, then the parties must meet them within a reasonable time. (Boggs v. McMickle, 120 Colo. 53, 206 P.2d 824 (1949). See also Geiger v. Kiser, 47 Colo. 297, 107 P. 267 (1910); Ranta Const., Inc. v. Anderson, 190 P.3d 835 (Colo. App. 2008).)What is a reasonable time depends on the facts of each case, including the subject matter of the contract, the reasons each party entered into the contract, and the intentions of the parties at the time they entered the contract. This means that you have a couple of options. The quicker, informal option is to send a demand for performance. Performance being that they finish with your vehicle as soon as possible. I have templates that you can look at: https://www.contractscounsel.com/t/document-form-checkout/119 You can file a lawsuit in your local court. If you’ve already sent a bunch of letters, then the truth is this is the only way to compel them to do anything. You can file a complaint with the Attorney General’s Office by clicking here - https://coag.gov/file-complaint/ You can explain that this is an unfair business practice.