Been lurking here and most of what can/should be done have been addressed. My sympathies to the shop owners and their families.
Unfortunately the law is not black and white. JD does have FL’s Motor Vehicle Act on his side. Without going too deeply into it, it would appear that it can go either way. Just did a quick westlaw search.
While quantum meruit as a common law principle still exists, FL courts have held that in certain situations it would not circumvent “a motor vehicle repair shop to ignore the statutory requirements of providing a written estimate or obtaining a written waiver.” Osteen v. Morris 481 So.2d 1287, 1290 (Fla.App. 5 Dist.,1986) [referring to FL’s Motor Vehicle Act].
There is also the possibility that the finance company may choose to file bond to secure the release of the vehicle. Then they may file a claim against the bond for the repairs and storage charges on the vehicle. 1616 Sunrise Motors, Inc. v. A-Leet Leasing of Florida 547 So.2d 267 (Fla.App. 4 Dist.,1989). In this case you’d be going up against the finance company’s lawyers (bad news). But more than likely you’d be able to settle without litigation.
Aaron, have you contacted an attorney? Someone familiar with this area of law who may provide a better insight into your situation. There is also the strong possibility that you may not be able to collect on the judgment should you win your case. These are all things to consider in what approach you should take.
Last edited by BeardedPirate; Aug 13, 2008 at 01:22 PM.