What happens when the repair shop doubles the repair quote?

Full Question:

Business Owner A takes his vehicle for repairs and is provided a quote. When Owner A returns to pick up the vehicle, the mechanic wants twice the quoted amount to release the vehicle. Owner A wants to be paid for the time the vehicle is not in use (loss income by not having the vehicle in operation). May Owner A recover lost income or profits?
01/08/2007   |   Category: Damages ยป Lost Profits   |   State: Alabama   |   #226

Answer:

Lost profits are generally not recoverable in this situation. Owner A could pay the amount under protest and obtain the vehicle and then seek recovery of the overpayment. Owner A could also lease another vehicle. The theory of mitigation of damages would generally prevent the recovery. Mitigation of damages means that Owner A cannot sit back and do nothing to increase his damages.