When an individual leaves their vehicle with a mechanic for repairs in California, they are entering into a contractual relationship between themselves and the mechanic. Specifically, leaving a vehicle with a mechanic creates a bailment relationship.
A bailment relationship occurs when one party temporarily transfers their property to another party for a limited time and a specified purpose. Importantly, in a bailment relationship, ownership of the property is not transferred.
While a person’s vehicle is in the California repair shop’s possession, the mechanic is required to treat the vehicle with reasonable care. As such, if the mechanic does not treat the vehicle with care or otherwise violates the terms of the agreement, they may then be liable for any damages.
In general, the laws concerning mechanic liability can be found under local state consumer protection laws. Consumer protection laws are government regulations that protect consumers from fraud or abuse, including defective mechanic work and defective car repairs.
In California, a mechanic will generally be liable for:
- Incorrect Repairs: If the mechanic fails to fix an issue completely or with reasonable care, and that failure results in problems with the vehicle, the vehicle owner may have grounds to sue the mechanic to hold them liable.
- In general, the car owner will sue the mechanic based on the theory of negligence, where the negligence of the mechanic resulted in the creation of a hazardous situation for the vehicle owner and other drivers;
- False or Bad Estimate: California consumer laws require mechanics to be transparent regarding repair details before completion.
- As such, if a mechanic provides an inaccurate or dishonest quote for necessary costs, the vehicle owner may seek legal recourse.
- Additionally, a mechanic may also be held liable if they perform any unauthorized or unnecessary work on the vehicle;
- Breach of Warranty: If a mechanic promises or makes a guarantee that a repair on a vehicle will last for a certain time, and the repair does not, the mechanic will be responsible for making repairs.
- As such, failure to make repairs may result in a breach of warranty claim being filed against the mechanic by the vehicle owner; and/or
- Fraudulent Charges: If a mechanic bills for services or parts that they did not actually perform or provide, then the vehicle owner may seek damages by suing them for fraud.
In addition to the above list, a mechanic may also be sued for any other damages that may occur while the vehicle is in the mechanic’s possession. Additionally, if the mechanic defrauds their customers or steals their customers’ property, the mechanic could face criminal charges for car repair warranty law violations.
It is important to note that in California, many repair shops will include disclaimers or a statement that limits their scope of obligations in an attempt to limit their liability for lost or stolen property. However, a vehicle repair shop cannot utilize a disclaimer to limit their own personal liability or intentional torts.
For instance, if a mechanic takes a customer’s vehicle for a joy ride, and then the vehicle is wrecked or damaged, they will be liable for such damages, regardless of any waiver that the vehicle owner may have signed.
It is important to note that if a mechanic were to advise a vehicle owner in California that they need more time to properly repair their vehicle, but the vehicle owner refuses the advice, the mechanic may not be liable for any damages. In other words, the vehicle owner may not recover as much from the mechanic, as California is a pure comparative negligence state.
How Long Can a Mechanic Legally Keep Your Car to Fix?
In the state of California, the legal time period for a mechanic to fix a consumer’s car is 30 days. This means that if a mechanic keeps a consumer’s vehicle beyond 30 days, the vehicle owner has the right to take legal action using the “Lemon Law.”
In California, the Lemon Law is a state law that is designed to protect consumers who purchase or lease new vehicles that later turn out to be defective. Importantly, a vehicle is considered to be a “lemon” if the vehicle has been out of service for 30 days or more. If this is the case, the vehicle owner may sue the dealership to replace the vehicle or to have the vehicle’s purchase price refunded to them.
However, it is important to note that the Lemon Law only applies to mechanics in a car dealership. This means that the law does not apply to independent repair shops. This means that independent repair shops have no limit to how long they can keep an individual’s vehicle. However, an owner has the right to possession of their property.
What if My Car or Its Contents Are Stolen While in the Mechanic’s Possession?
Once again, in the state of California, a mechanic is legally required to take reasonable care to protect your vehicle while it is in their possession. As such, if your car or the contents of your car are stolen while in the mechanic’s possession, the mechanic may be held liable for the theft of your vehicle or the vehicle’s contents.
It is important to note that if the mechanic and the shop took all reasonable steps in order to ensure the safety of the vehicle, they would likely not be held liable for the vehicle loss. Importantly, many repair shops in California will have insurance coverage that could help cover an individual recoup losses related to theft.
In the event the contents of the vehicle have been stolen or the vehicle itself has been stolen, law enforcement will need to be contacted in order to investigate the theft, as well as potentially recover the contents or vehicle. Further, the police report is valuable evidence during any civil lawsuit that the vehicle owner may initiate against the mechanic.
In California, there are garage keeper liability laws that will protect an individual’s vehicle as well as items connected to their vehicle. Examples of items connected to a vehicle include any car stereos, tires, and catalytic converters. However, personal property that is stored in a vehicle, such as laptops and sunglasses, is not typically covered by garage keeper liability laws.
Can I Sue a Mechanic for Misdiagnosis?
As mentioned above, if a mechanic in California misdiagnoses a vehicle problem or recommends and makes unnecessary repairs, the mechanic may be held liable for the misdiagnosis. This means that the vehicle owner may seek a different mechanic to make necessary repairs and sue the original mechanic for their misdiagnosis.
A local attorney in California can assist in pursuing legal action for a mechanic issue.
How Do I Sue a Mechanic?
In order to sue a mechanic in California, the person who allegedly suffered damages, who is known as the plaintiff, will need to draft and file a civil lawsuit against the mechanic. Once again, the basis for the civil lawsuit will be dependent on the specific facts of the case.
The lawsuit will need to either be filed in the local district court or in small claims court, depending on the damages that are alleged to have occurred. For a small claims court lawsuit, the plaintiff will need to complete the SC-100 Form, which is the form used for small court cases.
After deciding on the appropriate court, the plaintiff will then need to file a civil lawsuit against the mechanic. Then, the mechanic will have a period of time to respond to the lawsuit. Next, a formal hearing may be necessary.
In addition to filing a civil lawsuit, the person alleging a mechanic harmed them may also consider filing a complaint with the California Bureau of Automotive Repairs (“BAR”). The BAR handles consumer complaints related to automotive repairs. The vehicle owner can submit a complaint online or via mail.
What Does Mechanic Liability Insurance Pay For?
Mechanic liability insurance in California provides repair shops coverage for various scenarios related to their repair shop. Examples of common items that liability insurance can provide coverage for include:
- Accidents that are caused by mechanic errors;
- Accidents that occur during vehicle test drives;
- Theft or robbery that occurs for items stored in the garage, including theft of a customer’s vehicle or vehicle’s contents.
Do I Need a California Attorney for Help with Auto Mechanic Liability Issues?
You may be having issues with defective car repairs made by a mechanic in California. If so, it may be in your best interests to consult with an experienced California consumer protection lawyer. An experienced California auto lawyer will be able to help you determine if you can hold the mechanic liable for your damages, as well as assist you in initiating a civil lawsuit. Finally, an attorney can also represent you in court, as needed.
