The applicable law on defective car repairs in Alabama depends on a person’s situation. A person may have an older car that requires repair, either because it has been damaged in an accident or simply due to wear and tear. The person may take it to an auto repair shop or an independent mechanic. If the facility or the mechanic does not fix the problem as promised, the person may have a defective car repair issue.
Another situation that involves defects is that in which a person buys a new car and discovers that it has a flaw of some kind, i.e., an inherent defect. New cars that come with inherent defects are commonly known as “lemons.” Like most states, Alabama has so-called “lemon laws” that are designed to help new-car owners in this situation.
The basic relief offered by lemon laws, Alabama’s included, is the promise of a new, replacement vehicle or a refund of the purchase price unless the manufacturer of the defective car can correct the defect.
There are technicalities in the law. The owner must present the car to the manufacturer within 24 months or less after the date they take possession or before a maximum of 24,000 miles have been clocked on the odometer. The manufacturer may make up to 3 attempts to solve the problem, and the car may be out of service for up to 30 days before the obligation to replace or refund comes into play.
Cars with defects can also be involved in recalls ordered by the National Highway Traffic Safety Administration (NHTSA). Product defects are generally categorized as one of three types. There may be a fault in the design of the car, or the defect may have arisen during the manufacturing process. It may be a defect in the warnings or directions that come with the car. When defects of this type are found in brand-new cars, a person can turn to Alabama’s lemon laws. In addition, the NHTSA may issue a recall that may offer a remedy.
Tragically, many vehicle defects are revealed when they cause an accident. A person may suffer an injury or property damage because a defect in a car causes an accident. In that case, the person may sue the manufacturer and dealer for compensatory damages on a theory of strict product liability.
The person would not have to prove negligence on the part of anyone. However, they do have to prove that the car had a defect, which was the direct cause of the accident in which the person suffered injury and loss.
A strict product liability would be filed in a civil court in Alabama. The victim would want to be represented by a local attorney in Alabama. The manufacturer and dealer are sure to be represented by their attorneys, so a person wants to have their own legal representation.
A person would have to prove that the vehicle in question had a defect and that this defect caused the accident in which the person was injured. This would probably require the help of an expert witness, possibly an automotive engineer, to prove this fact.
What Are Some Examples of Defective Car Repairs?
The NHTSA says that the following are some of the defects that can negatively affect the safety of a car:
- Seats and/or Seat Backs: Defective seats and seat back have been known to fail unexpectedly while a car is in operation;
- Critical Parts of a Vehicle: Critical parts can break or break loose from a car. This can cause the driver to lose control. Or, the parts can injure people in the car or people outside of it;
- Ignitions Systems: Ignition systems have proven to be a source of some large NHTSA recalls. They can be the source of fires in the car.
These are only a few examples of defects in cars that can prove to be hazardous if not life-threatening.
What Is the Difference Between a Defective Car Repair and a Defective Product Recall?
Again, a defective car is one that contains an inherent defect when it is purchased new from the manufacturer through a dealer. The Alabama Lemon Law, the Law of Warranty, and/or NHTSA Recalls may offer solutions to this problem. If the defect causes an accident, a strict product liability lawsuit would be required.
What Should I Do Regarding a Defective Car Repair?
When a person is dealing with a defective car, the Alabama Attorney General recommends that a person report their lemon to the car dealership or the vehicle’s manufacturer. A person may also file a complaint with Alabama AG’s Consumer Affairs Department. This may be done online or by mail.
A statute of limitations is part of Alabama’s lemon laws. A lawsuit must be filed within 3 years of delivery of the car to the buyer. So, a person does not want to delay when it comes to informing their car’s manufacturer of a defect in their car and following through on the procedures to obtain the remedy provided by Alabama’s lemon law.
If a person’s problem is the defective or inadequate repair of a malfunctioning part, a person would want to start by trying to negotiate a solution with the repair facility or the mechanic. If that proves impossible, a person could file a complaint with the Alabama AG’s Consumer Affairs Department.
Depending on how much the repair would cost, a person might sue the repair facility or the mechanic in small claims court for a relatively inexpensive defective repair. If the repair is something more significant and costly, a lawsuit in a civil court of general jurisdiction might be required. An auto repair lawyer would be able to offer helpful advice about how to proceed.
What Documentation Do I Need When Dealing with a Defective Car Repair?
Some experts advise that excellent record-keeping is a person’s best strategy when dealing with a defective car issue and the Alabama lemon law. They say that a person should date and time stamp all documentation relating to repairs, odometer readings, and the amount of time a new car is out of service because of its defect issues.
In addition, a person needs to keep the sales contract for their car. If they purchased a warranty or if the car was sold with a manufacturer’s warranty, they should be sure to request a complete copy of their warranty. And, of course, a person wants to know where they can find the title and registration to prove their ownership of their vehicle.
A person’s problem might be the substandard repair of a worn or broken part or system in a car. If this is the case, they need to keep any documents they have that are associated with the repair, e.g., job orders, estimates, invoices, and receipts.
How Do I Sue for Defective Car Repair Issues?
As noted above, if a person’s problem is defective mechanic work, they would be able to file a lawsuit in an Alabama civil court. They could allege breach of contract. They would have to prove that they had a contract to pay a mechanic to complete the repair of a car’s problem, and the mechanic did not provide the repair as promised.
Of course a contract may be written or oral. It may be express or implied from circumstances. What is required is to prove that there was a contract between a car owner and a repair facility or a mechanic, and then a court would be able to enforce it.
So, even if a person and their mechanic did not have a written contract, breach of the contract would be grounds for a lawsuit for compensatory damages. An award of damages would cover the expense of making the repair the mechanic did not make.
It would be a good idea for a car owner to talk to a lawyer for car issues. A lawyer would be able to help a person choose the claim they should allege and how they would prove it.
A lawsuit for breach of warranty might be an option if a person’s car is covered by a warranty. A person might have a manufacturer’s warranty, or they may have purchased an after-market warranty to cover the cost of potential repairs. If the seller of the warranty does not cover car repairs as promised in the warranty, the car owner may have a claim for breach of warranty.
Can You Sue a Mechanic in Alabama?
A person can most certainly sue a mechanic in Alabama. The process for suing a mechanic is basically the same process as that for suing an auto repair shop in that state. A person would have the same options they have for filing a lawsuit against an auto repair shop.
Should I Talk to a Lawyer for Help with a Defective Car Repair Claim?
If you have a problem with a defective car or a defective car repair, you want to talk to an Alabama liability lawyer. LegalMatch.com can connect you to a lawyer who can lay out the various options you have, depending on your situation.
