Should I have to pay for rear brake padsand installation on my motorcycle, whenI never authorized the work?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Should I have to pay for rear brake padsand installation on my motorcycle, whenI never authorized the work?

I had taken bike in for free 5000 mile service. Mechanic replaced rear brake pads without authorization.

Asked on July 16, 2010 under General Practice, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

If you never authorized the work, then no in theory you should pay for it. The reason I say "in theory" is that if you accept the work--such as by keeping the new brake pads, and they are demonstrably better and more valuable than the old ones--a case could be made that you'd at least need to pay for the part, if not the labor.

Another issue is that if there was a legitimate difference about what was said or authorized (e.g. the mechanic thinks you said just "take care of the bike" and took that to mean to make necessary repairs or maintenance), it could be difficult to prove you position in the event that the shop or mechanic tries to put you in collections or sue. You need to decide what not paying is worth to you.

If the work is good and the price fair for it, you  may wish to consider paying (possibly seeing if you can't negotiate down some) but then finding a different mechanic for the future.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption