Many individuals rely on their automobiles for their everyday life. Vehicle repairs can be costly, inconvenient, and often difficult.
There may also be situations in which a vehicle is returned from an automobile mechanic, and it is still not properly repaired. A defective car repair occurs when a repair is completed poorly or with dangerous results.
If a vehicle repair is not completed properly, it may result in further damage or injury to passengers in the vehicle. Defective car repairs may render an automobile unsafe to drive.
Automobiles that are not safe to drive may result in damage to the car itself, which can make further repairs difficult or even impossible. It may also present risks to drivers, passengers, and other motorists. Unsafe vehicles may result in automobile accidents.
An individual may have gotten injured in an automobile accident resulting from a defective car repair. If so, they may endure further suffering, such as medical bills or lost wages due to missing work. If this occurs, an individual should consult with an auto repair lawyer for further assistance.
What Are Some Examples of Defective Car Repairs?
Common examples of defective vehicle repairs may include, but may not be limited to:
- Improper wiring jobs;
- defective mechanic work;
- Improper part replacement;
- Leaking hose or other replacement parts;
- Defective bodywork;
- Substandard repairs of cosmetic issues, for example, on bumpers or fenders;
- Defective paint jobs.
Although it may be impossible to completely avoid a defective car repair, there are steps an individual can take to protect themselves. Automobile mechanics are held to specific industry standards when they make any repairs, upgrades, or adjustments made to a vehicle.
An important step an individual can take to protect themselves is to research the repair shop or mechanic that they are planning to use. Doing this before taking the vehicle in for a repair, especially if the individual is not familiar with the mechanic or shop, can help avoid issues.
Potential customers should ask employees or supervisors if they can review certificates, licenses, and business operating certificates. It is common for repair shops to display their licenses and certifications in the shop or the waiting room.
By verifying these licenses and certifications, an individual can help ensure that a qualified, trained, and capable mechanic will be working on their vehicle.
What Is the Difference Between a Defective Car Repair and a Defective Product Recall?
As discussed above, defective car repairs are repairs that are improperly completed on a vehicle. Defective product recalls are different.
Recalls may be caused by a defect in a vehicle and are issued by the vehicle’s manufacturer. Automobile recalls, or car defect recalls, typically only address flats that create safety hazards that may result in injuries to drivers or passengers.
In most cases, cosmetic issues, for example, poorly completed paint jobs or misplaced decals, are not subject to recalls. Examples of issues that may be included in automobile recalls are:
- Defects in the brake or gas pedals, such as getting stuck or jammed;
- Defects in safety equipment, such as safety belts or airbags;
- Flaws in the fuel, exhaust, or cooling systems;
- Steering mechanisms that are misaligned;
- Structural problems with the frame, body, transmission, or engine assembly; and
- Computer or electrical issues, such as a defective keyless fob.
There are federal motor vehicle safety standards that outline the minimum performance requirements for vehicle parts that will most likely affect the operation of the vehicle, including:
- Brakes;
- Tires;
- Steering wheels;
- Lighting; and
- Any other components in place for the protection and safety of the driver and passengers.
Automobile recalls may be necessary when vehicle parts do not comply with the federal motor vehicle safety standards or if there is a safety-related defect in the equipment in the vehicle.
What Should I Do Regarding a Defective Car Repair?
Automobile repair fraud is one of the most common types of consumer complaints. If an individual is considering filing a lawsuit based on a defective car repair in California, they should consult with a local attorney in California.
This is especially important in cases where the faulty repair resulted in an automobile accident. In the majority of situations, mechanic work is completed in accordance with a contract between a mechanic and a customer, which often includes:
- The terms of payment;
- The length of time the repair should take;
- Any other concerns regarding the repair work.
If any issues arise during the repair work, it is helpful to review the contract. Another issue that may arise related to defective car repairs is lemon laws.
If an individual has had their vehicle repaired on numerous occasions and the issue is still not resolved, they may qualify for a refund or replacement under California lemon laws. A California lawyer for car issues can help an individual determine if they qualify under lemon laws.
What Documentation Do I Need When Dealing with a Defective Car Repair?
Documentation is an essential part of a defective car repair claim. Any time an individual has repairs done on their vehicle, it is important for them to keep all documentation, including:
- Repair receipts;
- Purchase and repair warranties;
- Insurance documents;
- Copies of any written communications between the customer and the repair shop;
- Copies of any other legal instruments or documents that relate to the repair.
How Do I Sue for Defective Car Repair Issues?
An individual may be able to sue a vehicle mechanic for defective car repairs. This may occur when a mechanic negligently makes repairs that result in damage to the vehicle or injury to individuals who operate or ride in it.
It is important to note that multiple parties may be held responsible for losses related to defective repairs. It may be difficult to determine which party is liable.
Examples of parties that may be held liable in defective car repair cases include:
- A shop mechanic;
- The owner of a repair shop;
- Vehicle manufacturers, especially when a company mechanic was working under a warranty agreement.
In the majority of cases, a car repair lawsuit is based on the legal theory of negligence. Negligence allows an injured party to recover when another individual is careless given the circumstances of a situation.
Negligence claims often require an in-depth analysis of each party’s role in the situation in order to determine fault, especially in cases where a faulty repair results in an automobile accident.
Examples of negligent work that may be done by an automobile mechanic may include, but are not limited to:
- Installation of the wrong parts;
- Failure to perform the correct repair procedure;
- Failure to completely repair damaged parts;
- Failure to identify needed repairs that a mechanic acting with a reasonable standard of care would have noticed;
- Causing damage to one or more parts of the automobile during the repairs.
Should I Talk to a Lawyer for Help with a Defective Car Repair Claim?
If you are having issues with defective car repairs in California, it is essential to consult with a California liability lawyer. Your car plays a vital role in your everyday life, so it is important to have it repaired properly, especially for safety reasons.
Your defective car repair case may be complicated because there can be multiple parties involved. If you have to file a lawsuit to resolve your issue, your lawyer will ensure your rights are protected and that claims are properly filed, and they will represent you during court proceedings if necessary.
