For most individuals, their car is an important part of their everyday life. Repairing a vehicle can be inconvenient as well as costly.
There may also be times when a car is returned from the automobile mechanic, and it is not properly repaired. A defective car repair or defective mechanic work can render a vehicle unsafe to drive.
Driving a car that is not safe to drive may result in damage to the car itself, which can make future repairs difficult or even impossible. It can also create risks for drivers, passengers, and other motorists.
Vehicles that are not safely repaired can also result in automobile accidents. If an individual has been involved in an accident that resulted from a defective car repair in Arizona, they should consult with a local attorney in Arizona.
A lawyer for car issues can help them determine what claim they may have as well as advise them on how to obtain damages for medical bills, lost wages, and other issues resulting from the accident. A lawyer can also inform an individual if their vehicle defect may fall under the state’s lemon laws.
What Are Some Examples of Defective Car Repairs?
What types of issues will be considered defective car repairs will depend on the circumstances of the situation as well as the make and model of the vehicle. In general, examples of defective car repairs can include, but are not limited to:
- Improper part replacement;
- Leaking hose or other replacement parts;
- Improper wiring jobs;
- Faulty mechanical work;
- Defective bodywork;
- Substandard repairs of cosmetic issues;
- Defective paint jobs.
What Is the Difference Between a Defective Car Repair and a Defective Product Recall?
Defective vehicle repairs involve work that is not properly completed, as in the examples listed above. Defective product recalls are typically caused by car defects that occurred at the manufacturer.
A car defect recall or automobile recall usually only involves flaws that create a safety hazard or that can result in injury to the operator or passengers. Typically, cosmetic issues such as substandard paint jobs or misplaced decals will not require a recall.
Examples of issues that may result in an automobile recall include:
- Flaws in the vehicle’s exhaust, fuel, or cooling system;
- Defects in the brake or gas pedals, which may mean getting stuck or jammed;
- Steering mechanisms that are misaligned;
- Defects in safety equipment, such as safety belts or airbags;
- Structural problems with the transmission, body, frame, or engine assembly;
- Computer or electrical issues, such as keyless fobs that are defective.
There are minimum performance requirements under the federal motor vehicle safety standards for parts that affect the operation of a car, such as:
- Lighting;
- Tires;
- Brakes;
- Steering wheels; and
- Any other part that is in place for the protection and safety of the driver and passengers.
Recalls may be required if a vehicle part does not comply with the federal safety standards or when there is a defect in the equipment that causes a safety issue.
What Should I Do Regarding a Defective Car Repair?
Consumer complaints commonly involve car repair fraud. If an individual is considering filing a lawsuit because they received a defective car repair, an attorney can help.
Based on the facts of the case, an attorney can help determine if it may be possible to recover damages for the faulty repairs, which can be especially important if they result in an accident. Typically, car repairs are completed in accordance with a contract between the car owner and the mechanic or shop.
These contacts usually include the terms for payment, the amount of time the repair should take, and other concerns related to the repair. If any issues arise, it is helpful to review this contract first.
What Documentation Do I Need When Dealing with a Defective Car Repair?
The foundation of any defective car repair claim is documentation. This means that any time an individual takes their vehicle in for a repair, they should save any related documentation, even if they do not anticipate an issue will arise.
Examples of documents that should be kept related to a repair include:
- Insurance documents;
- Purchase and repair warranties;
- Repair receipts;
- Any written communications with the shop;
- Other documents or legal instruments related to the repair.
Can You Sue a Mechanic for Misdiagnosis?
A mechanic misdiagnosis, which may also be referred to as a faulty diagnosis or a mistaken repair, occurs when the vehicle mechanic does not identify the true issue. For example, if the vehicle is making a strange sound that the mechanic determines is related to the steering system when, instead, it is coming from the brakes, it would be considered a misdiagnosis.
Honest mechanics and repair shops will relay their error in judgment and fix the issue without argument or charging extra. If, however, a mechanic or car repair shop does not accept responsibility for the issue or claims that it was not their fault, the vehicle owner may be able to seek legal recourse.
The most common legal resource in these situations is to file a lawsuit against the mechanic for negligence. In a negligent misdiagnosis case, a vehicle owner will have to prove that the mechanic failed to exercise the same level of care that another reasonable car repair mechanic would have done in the same or a similar situation.
In addition, the vehicle owner will be required to show that the misdiagnosis was foreseeable, that the carelessness of the mechanic caused the property damage, and that the damage done to the vehicle is quantifiable.
How Do I Sue for Defective Car Repair Issues?
Mechanics and shops may be sued for defective car repairs when they negligently make repairs that result in damage to the car or injuries to the individuals operating or riding inside. There may be more than one party responsible for the losses that result from a defective car repair.
Examples of parties that may be held liable for defective vehicle repairs may include, but are not limited to:
- Shop mechanics;
- Owners of repair shops;
- Vehicle manufacturers, especially when company mechanics are working under a warranty agreement.
As noted above, many car repair lawsuits are based on the legal theory of negligence, which allows an individual to recover damages if another individual was careless given the circumstances of the situation.
Examples of negligent work that is completed by an automobile mechanic may include:
- Installation of the wrong part or parts;
- Failure to completely repair damaged parts;
- Failure to perform the correct repair procedure;
- Failure to identify needed repairs that another mechanic working with a reasonable standard of care would have be aware needed completing;
- Causing damage to one or more parts of the car while performing the repairs.
Should I Talk to a Lawyer for Help with a Defective Car Repair Claim?
Because your car is such an important part of your everyday life, it is essential to have the assistance of an Arizona liability lawyer if you have a defective car repair issue in Arizona. Issues that involve car repairs can keep you from going to work, caring for your family or loved ones, and completing everyday tasks.
These types of cases can be difficult and complicated, as there may be many parties involved. Your auto repair lawyer can review the facts of your case and advise you on how best to proceed. LegalMatch can connect you with a lawyer who can help you with your case.
If filing a lawsuit becomes necessary, your lawyer will help ensure that your rights are protected, your claim is filed properly, and you are represented during all court proceedings. Having an attorney handle your claim will help ensure the best possible outcome in your case.
