Defective car repairs in Colorado refer to any repairs that are attempted on a vehicle that is completed poorly, improperly, or otherwise result in a dangerous defect. Importantly, a repair may not be properly completed on a vehicle. In that case, it can result in further damage to that vehicle or even injuries to the vehicle’s driver, passengers, or other drivers on the road.
In other words, defective mechanic work can render a vehicle unsafe to drive. Additionally, if a vehicle is not functioning properly, continuing to drive the vehicle further may result in an increased chance of damages to the vehicle itself.
In Colorado, when a person is injured as a result of a defective car repair, they have the legal right to sue the party that is responsible for their damages. One common legal theory that such lawsuits are based on is the legal theory of negligence.
In Colorado, there are specific laws and regulations that govern automotive repairs which are aimed at protecting consumers. First, Colorado has the Colorado Motor Vehicle Repair Act which prohibits certain activities by mechanics, such as a misrepresentation of repairs, unauthorized work, and more. The Act provides that if you’ve been a victim of defective car repairs, then you may be entitled to recover damages, including attorney fees.
The Act along with other consumer protection laws are meant to keep the repair process for vehicles completely transparent, prevent unauthorized repairs from being made, and ensure proper documentation is maintained throughout the vehicle repair process in Colorado.
Further, Colorado also has lemon laws that are designed to help consumers who experience issues with the purchase or lease of a new motor vehicle in the state get their vehicle repaired under the original manufacturer’s warranty at no cost. The lemon law also applies to used cars that have had at least three repair attempts for the same defect before the vehicle is considered a lemon.
Additionally, repair shops in Colorado may also be held liable for a defective car repair under the The Colorado Consumer Protection Act which is intended to deter and punish businesses that engage in unfair or deceptive trade practices. The Consumer Protection Act is found in Colorado Revised Statutes § 6-1-105.
The Act makes it a crime for a person or entity to engage in deceptive sales or business practices, including false advertising or making false statements to generate business, amongst other acts. Importantly, deceptive business practices by a mechanic or auto repair shop in Colorado may result in fraud or theft charges, as well as civil damages to compensate the victim.
What Are Some Examples of Defective Car Repairs?
There are many different examples of what may be considered to be a defective car repair in Colorado. Examples of common defective car repairs in the state include:
- Faulty mechanical work, which often results in further mechanical issues with the car;
- Improper replacement of parts, such as using a cheap aftermarket or rebuilt parts that fail;
- Defective body repair work that necessitates further body repair work to be performed;
- Improper wiring that results in an electronic error within the vehicle, such as failed ignition or a failure in the onboard computer.
What Is the Difference Between a Defective Car Repair and a Defective Product Recall?
Defective car repairs and product recalls are not the same. Once again, a defective car repair is simply a repair that has been incorrectly performed on a vehicle by a repair shop or mechanic. In contrast, a defective product recall is a defect that was already present in the vehicle as a result of faulty manufacturing or assembly by the vehicle’s manufacturer.
A defective product recall serves the important function of notifying all vehicle owners about dangerous defects that may be present in their vehicles. As such, if you receive a defective product recall notice in Colorado, it is important to immediately contact a local mechanic or dealership to schedule any repairs listed in the notice. You may also be entitled to send the vehicle back in for a full refund if the repairs are not comprehensive.
What Should I Do Regarding a Defective Car Repair?
First and foremost, attempting to resolve your defective car repair issue directly with the party that performed the defective repair should always be your first option. This is because the mechanic or repair shop may be able to address your issues without the necessity of any further action on your part.
However, if that does not work out, then you may always choose to sue the mechanic or shop. If you are considering filing a defective car repair lawsuit in Colorado, an auto repair lawyer can help. This is especially true if the defective car repair resulted in you or the passengers in your vehicle being injured.
A lawyer for car issues is a great asset that can help you review the facts and circumstances of your specific case, determine who may be held responsible for your injuries, and understand what legal damages may be available to you.
What Documentation Do I Need When Dealing with a Defective Car Repair?
When dealing with issues involving a defective car repair, maintaining proper documentation is important. This is because that documentation will be paramount in proving your civil lawsuit against the party that you believe to be responsible for your damages.
Examples of documentation that you should always keep in relation to the defective repair of a vehicle include:
- Any contracts executed between you and the shop or mechanic, as such contracts will outline the scope of work performed and the total cost of repairs;
- Any and all payment receipts which may evidence the date work was performed and the final total cost of the car repairs;
- Any purchase and repair warranties that were provided by or communicated to you by the mechanic or shop;
- Any insurance documents related to the repair work, such as authorizations made by your insurance company or money paid by your insurance company for the repairs;
- Copies of any and all written communications with the shop, such as quotes or conversations related to the work that was to be performed or promised;
- Copies of any other documents or legal instruments relating to the repair, such as parts that were used or labor that was performed.
How Do I Sue for Defective Car Repair Issues?
In order to sue for defective car repair issues in Colorado, you will first need to identify the legal theory that will serve as the basis of your lawsuit. Once again, negligence, strict liability, and contract law are all common legal theories that serve as a basis for a lawsuit involving a defective car repair.
After determining the basis for your lawsuit, you must then draft your civil lawsuit, file it in the appropriate venue, and pay the appropriate court filing fees. Next, you must then serve your lawsuit on the party that you sued. The opposing party you named in your lawsuit will then have a period of time to answer your civil lawsuit and file a defense.
After the opposing party’s answer period has passed, your lawsuit will then proceed based on the civil laws and procedures for your jurisdiction and Colorado state law. A local attorney in Colorado will be familiar with these civil laws and procedures and can provide you with assistance.
Should I Talk to a Lawyer for Help with a Defective Car Repair Claim?
If you are having any issues related to a defective car repair in Colorado, then it is in your best interests to consult with an experienced Colorado liability lawyer. LegalMatch can match you with the ideal lawyer for your defective car repair claim.
An experienced liability lawyer will be able to help you determine your best course of legal action and answer any questions you may have. An attorney will also be able to help you identify the party that can be held responsible for your injuries and initiate a lawsuit on your behalf.
Further, an attorney will also be familiar with the proper civil laws and procedures regarding how to properly serve your civil lawsuit and continue your case after your lawsuit has been served. An attorney will also be able to negotiate a resolution outside of court with the opposing party or their insurance company, if applicable. Finally, an attorney will also be able to represent your interests in court, as needed.
