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?
- Category: Damages
- Subcategory: Lost Profits
- Date:
- State: Alabama
Answer:
Generally, lost profits are not recoverable in this situation. Owner A could pay the mechanic the higher amount under protest to retrieve the vehicle and then seek to recover the overpayment. Alternatively, Owner A could lease another vehicle. The principle of mitigation of damages applies here, meaning Owner A cannot simply do nothing to reduce their losses.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.