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2015mbl · Dec 16, 2014, 10:43 PM

Multiple attempts to have car repaired at a garage for a specific issue which had a year warranty with unsatisfactory results; continues to leak fluid. Last visit to the garage discovered the car was driven over 2000 miles while it was at the garage for repair. I am asking for reimbursement of the repair bills in small claims court. Is this unauthorized excessive mileage also appropriate for reimbursement in Georgia small claims court at the government rate of $0.56 per mile? How many days do I need to wait after a demand letter sent via certified mail before filing in small claims court?

Fr_Chuck · Dec 17, 2014, 04:55 AM

Was the mileage written down on the estimate or repair bill. What evidence will you be presenting to the court, to prove the use of the car.

How long was it in the shop, during the time of the usage.

As to the leakage, did they do the actual work, you were billed for. Their defense will be that they did fix a leak but the car may have had other leaks, not fixed.

Do you have statements from other service centers, that the work done was not needed? Will you have a service expert to testify in court that what was done, was not needed?

You may ask for the mileage, and the government rate. Their defense of course, government rate includes cost of gasoline, which they would have paid for (I assume) so they may protest and judge may award less.

ScottGem · Dec 17, 2014, 06:35 AM

Have you checked out this free service: Lemon Law Lawyers Group

And this site: Georgia Lemon Law Consumer Information | Governor's Office of Consumer Protection

AK lawyer · Dec 17, 2014, 08:58 AM

I see no reason for a court to follow the "government rate". That rate has no necessary relation to actual depreciation. Even if it did, it would be inadmissible hearsay. In my opinion, the proper measure of damages for unauthorized use of the car would be the Blue Book Value calculated at the "before" mileage, less the BB value calculated at the "after" mileage. This too would be hearsay, but an exception to the hearsay rule may apply.

Of course the court might also consider awarding, in addition, punitive damages, if allowed in Georgia.

Fr_Chuck · Dec 17, 2014, 06:45 PM

Often in small claims court, the rules of evidence are more lax. The posters issues will be in the proof of the miles used and how that effects the value of the car.

More often, small claims court, is more a "he said" "she said" type of court where both sides tell their story with little or no evidence. At that point the judge has to believe one side more than the other. The addition of evidence can help make a case winable.