People’s cars play an essential role in their everyday lives. When they have to have a repair completed on their car, especially if that repair is defective, it can be a great inconvenience.
Usually, an individual will take their car to an automobile mechanic for repair. Sometimes, that vehicle will be returned with a defective or improper repair.
A defective car repair is a repair that is not completed in the proper manner, which can cause additional damage to the car, injuries to the occupants, or even automobile accidents. These types of repairs are repairs that were performed poorly or have a dangerous result.
This type of defective repair can also make the car unsafe to operate. A vehicle that has not been properly repaired can also have additional damage, as previously noted, which may cause it to be difficult or even prevent making repairs in the future.
If an individual has a car accident because they received a defective repair, it can also cause them to incur additional costs in the form of medical bills or lost wages from days missed at work. If a defective car repair occurred in Hawaii, an individual should reach out to a local attorney in Hawaii, especially if there was an accident. An auto repair lawyer will be able to review the facts surrounding the issue and provide advice regarding what steps may be taken to resolve the problem.
What Are Some Examples of Defective Car Repairs?
Examples of what may constitute a defective car repair include, but are not limited to:
- Leaking hoses or other replacement parts;
- Improper wiring jobs;
- Defective bodywork;
- Improper part replacement;
- Substandard repairs of vehicle cosmetic issues;
- Defective mechanic work;
- Defective paint jobs.
A car owner can take several steps to avoid these potential defective car repairs, especially if they are considering a specific mechanic or repair shop. This includes researching the shop and mechanic before taking their car, looking up online reviews, or asking family and friends.
In addition, an individual can visit each repair shop they are considering and see if they have the proper certificates, licenses, and any other operating certificates. Car mechanics are required to follow certain standards when they are making repairs, adjustments, or upgrades to a car.
Conducting this type of research beforehand can help an individual avoid a defective car repair. However, it may be impossible to completely avoid them, so it is important to know what steps to take if one does occur.
What Is the Difference Between a Defective Car Repair and a Defective Product Recall?
Defective car repairs and defective car product recalls are different issues. A defective product car recall is issued when there is a manufacturing defect in the car that creates a safety hazard and may cause injury to the driver or passengers in the car.
Issues that may cause a defective product car recall to be used can include:
- A defect in the safety equipment in the car, such as the airbags;
- A misaligned steering mechanism;
- A flaw in the fuel, exhaust, or cooling system;
- A defect with the brake pedal or gas pedal;
- Structural issues in the:
- Transmission;
- Body;
- Engine assembly;
- Frame;
- A computer issue;
- An electrical issue.
A car recall can be issued if a part that affects how the car operates does not comply with the performance requirements provided by the federal government. In some cases, a defective vehicle can also be covered by the state’s lemon laws if there is an ongoing issue.
A defective vehicle repair, in contrast, happens when the repair is not completely or properly done.
What Should I Do Regarding a Defective Car Repair?
If an individual’s car is repaired in a defective manner, there are steps they can take to attempt to resolve the repair problem. If an individual has received a defective car repair but they are unsure what to do, a lawyer for car issues can help them figure out whether their car was defectively repaired and what they can do to remedy the situation.
A vehicle repair is typically completed based on a contract between the owner of the car and the shop or mechanic that will be doing the work. These repair contracts usually cover the following issues:
- The terms of payment that will be required;
- The length of time that the repair or service is expected to take;
- Other important issues related to the work being done.
It is important to review the repair contract if any issues arise related to the repair. The car owner can then reach out to the mechanic or shop and see if they would be willing to resolve the problem.
If the car owner is not able to obtain a response or cooperation from the shop or the mechanic, they can reach out to an attorney for more assistance. Their attorney can send a letter requesting that the issue be fixed so that the responsible parties can avoid time-consuming and costly litigation.
In many situations, the responsible parties will try their best to fix an issue so that they do not have to go to court, as it can be expensive and damage the reputation of their business.
What Documentation Do I Need When Dealing with a Defective Car Repair?
If an individual is having their car serviced or repaired, it is essential that they keep any related documents, such as:
- Repair receipts;
- Insurance documents;
- Purchase and repair warranties;
- Copies of written communications the car owner had with the shop;
- Copies of other documents related to the repair or service.
It is important to keep copies of these documents because if an issue arises in the future, these may serve as important evidence in an individual’s claim.
How Do I Sue for Defective Car Repair Issues?
When a lawsuit is filed related to a defective car repair, it is typically based on negligence. Negligence is a legal theory that provides an individual with the opportunity to recover monetary damages if the mechanic is careless based on the circumstances of the repair.
In these types of cases, there may also be more than one party that can be named as a defendant in the lawsuit, including:
- The mechanic who performed the repair or other service on the car;
- The owner of the business or shop; and
- The manufacturer of the vehicle, specifically when a company mechanic was working under a warranty agreement.
Negligent mechanic work can result in defective car repairs, such as;
- Installing an incorrect part;
- Not completely repairing the damaged part;
- Not performing the correct repair procedure;
- Damaging the car when the repair is performed; and
- Not identifying a necessary repair that another mechanic acting with a reasonable standard of care would have noticed.
Should I Talk to a Lawyer for Help with a Defective Car Repair Claim?
If you believe your car was defectively repaired in Hawaii, it is important to reach out to a Hawaii liability lawyer as soon as possible. This is because these types of cases can be complex, involve multiple defendants, and may have a time limitation for filing.
Your attorney will review your issue and advise you of the available ways to try and fix the defective repair or receive compensation for your losses. If you do file a claim and any other parties want to negotiate a settlement, your attorney will represent you during those meetings to ensure the offer is fair.
If you have to appear in a courtroom, your attorney will also be present to represent you. Having a lawyer in Hawaii handle your case will help ensure that you receive proper compensation for the issues you had to handle related to the defective repair on your vehicle.
