Defective car repairs might involve one of two things. They might involve repairing a substandard car that does not fix the problem it was supposed to fix, or they might involve repairing a defective car. Under the law, these are two different situations, and this article explains the nature of each and the steps that can be taken to get relief for each type of problem.
New cars that come off the dealer’s lot with an existing defect are commonly referred to as “lemons.” Most states today have special lemon laws that give consumers specific remedies for their “lemons.” In Illinois, this law is the New Vehicle Buyer Protection Act (NVBPA).
For the NVBPA to offer a remedy, a person’s new car must have a defect that meets the following criteria:
- It substantially damages a person’s ability to use the car safely or its market value;
- It cannot be repaired by the dealer or manufacturer in at least 4 efforts to make the same repair;
- It has rendered the car unusable for a total of at least 30 or more business days.
The NVBPA applies to new cars, light trucks, vans, and recreational vehicles. The coverage lasts for the first 12 months or 12,000 miles, whichever occurs first, and the vehicle must have been purchased in Illinois. It does not cover used cars or vehicles that have been modified.
How Do the Illinois Lemon Laws Work?
If a person believes that they have a lemon and want to make use of Illinois’s lemon law, they would turn to the Industry Third Party Dispute Resolution Program to make their claim. A person should be able to find the information they need about this program in their vehicle’s ownership manual. A person contacts the designated manufacturer representative for their vehicle to initiate a claim. This representative will provide the person with the information they need.
This must be done within 12 months from the date on which the person bought their car to submit their claim. Reportedly, many people lose the benefit of the NVBPA because they fail to submit their claim to the Third Party Dispute Resolution Program before the deadline. A claim should not be submitted to the dealer.
If the Dispute Board rules in favor of the vehicle owner, then the owner should either receive a replacement vehicle of the same or similar value or a return of their purchase price minus the value of the miles driven on the car.
If a person is not satisfied with the ruling of the Dispute Board, they may bring a civil action to enforce their rights under the NVBPA. The manufacturer, however, may not appeal or contest a decision of the Board.
In the case of some defects, the National Highway Traffic Safety Administration (NHTSA), a federal agency, issues recalls of automobiles with known defects. The manufacturer then repairs the defect free of charge to the owner.
What Are Some Examples of Defective Car Repairs?
These are examples of defects that new cars might have. If a person discovers that their new car has one of these defects or any other, they should ask the manufacturer to fix the problem. If the manufacturer cannot repair the defect, they should turn to Illinois’s Lemon Law for a remedy, as explained above.
Of course, any part of a car may need repair, and a mechanic’s efforts may prove to be inadequate to fix the problem or defective.
Some examples of parts that have been defective in cars in the past are as follows:
- Seatbelts: According to the National Highway Traffic Safety Administration, seat belt failure results in injury to millions of people. Seat belt defects may include everything from a broken latch to tension detectors that do not work. If a vehicle’s seat belts do not work reliably, fatal injury can result;
- Airbags: One defect that affects airbags is the fact that they may deploy unexpectedly when the car has not been involved in a crash. This may obstruct the driver’s view of the road with the predictable negative consequences. In one recent well-known case, airbags manufactured by the Takata company were subject to the recall because when the airbags deployed, they projected deadly shrapnel at vehicle passengers. The results were sometimes fatal;
- Fuel Systems: Clearly, a car’s fuel system can be dangerous as it can be the source of fires and explosions, which can have deadly consequences. One example of a fuel system defect is a manufacturer’s failure to install a cut-off device that stops the flow of gas in a crash. If a person experiences a car fire or explosion, they want to consult an attorney as soon as possible.
What Is the Difference Between a Defective Car Repair and a Defective Product Recall?
A person might have a car that was sold to them with a defect. Even though the car is brand new, it has a defect. Defects are generally 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. Defects such as these are addressed by Illinois’s lemon laws as well as the NHTSA and its recall program.
A separate issue is a car that is not defective but needs to be repaired. A part that has broken or malfunctioned because of wear and tear or because it has been damaged in some way may need repair. The vehicle may have been involved in a crash. Lemon laws and recalls do not offer a remedy in this common situation.
Rather, the owner needs to have a mechanic repair the vehicle. However, it often happens that the repair shop or mechanic to whom a person looks for repair does not do the job properly. The repair job may not fix the car. This is a defective car repair. It is a different situation than the one in which a person deals with a car that is defective when they drive it off the new car lot.
What Should I Do Regarding a Defective Car Repair?
If a person is dealing with a car that was sold to them in a defective condition, their options are outlined above. In addition, however, if a defect were to cause an accident that results in injury and damage to the occupants of the car, they would have grounds to sue the manufacturer and dealer of the defective car for strict product liability.
Sadly, in many cases, defects in cars do not reveal themselves until there is an accident. Then the owner has to sue for compensatory damages on a theory of strict product liability. In a strict liability case, the victim does not have to prove that anyone was negligent in any way.
Rather, the victim must only prove that the car had a defect and that the defect was the direct cause of an accident in which people were injured and property damage was caused.
If a person is dealing with defective mechanic work, i.e. repairs by a mechanic who has not fixed the problem they promised to fix, they have to look to some standard legal theories for a solution.
What Documentation Do I Need When Dealing with a Defective Car Repair?
It would always be helpful for a person to have a sales contract for their car. If they purchased a warranty or if the car was sold with a manufacturer’s warranty, they want to be sure they have a 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.
If a person has a problem with a substandard repair job, they would want to make sure they keep any documents they have that are associated with the repair, e.g., job orders, receipts, and the like. Given Illinois law, they would want to have any estimates and any other written documents regarding their repair experience.
How Do I Sue for a Defective Car Repair Issue?
Illinois has an Automotive Repair Act that addresses the work of auto mechanics. It contains very specific requirements for how auto repair businesses are required to operate. For example, a mechanic or vehicle repair shop must provide a written estimate of the cost of parts and labor for completing a repair job.
An auto repair business may not charge over 10% more than the amount of an estimate for a car repair job unless they have consent from the consumer. Or, they may give a consumer a written price limit for each repair.
Estimates should include the time necessary to complete the repair if it is more than one working day. The estimate should also include the total cost of completing the repair of a vehicle. There are additional provisions about estimates, the time allowed for completing a repair and other issues.
A mechanic or repair facility that does not comply with the Act can be prosecuted by the Attorney General of Illinois. A consumer who has encountered a mechanic who does not provide specific written estimates and otherwise does not comply with the Act would want to report their experience to the Illinois Attorney General.
If a person’s problem is defective mechanic’s work, they would also sue in an Illinois civil court. They might sue for simple breach of contract, because they had a contract to pay a mechanic to perform a specific repair of their car, and the mechanic did not perform the repair as promised. It is important to note that a contract may be oral or written, express or implied from circumstances.
However, in Illinois, a person should have a written estimate that would serve as evidence of their contract with a mechanic or repair facility. Breach of the contract would be grounds for a lawsuit for compensatory damages, which could be the cost of making the repair that the mechanic failed to make.
It might be necessary for a person to have an expert mechanic testify about the nature of the repair made and in what way it was deficient and did not solve the problem. The need to involve an expert witness could add to the expense of the lawsuit.
It could help to consult a lawyer for car issues. A local attorney in Illinois could help a person decide what their specific claim should be and how they would prove their case. They would also be able to help a person decide if a lawsuit makes economic sense given all the facts of their situation.
Other options might be suing for breach of warranty if a person has a warranty for their car, either from the manufacturer, dealer or an after-market warranty that they purchased to cover the cost of potential repairs. If a person does have a warranty that covers the repairs they need, they will work with the company that provides the warranty to get the coverage that the warranty promises.
Should I Talk to a Lawyer for Help with a Defective Car Repair Claim?
Whether a person has a defective new car or an issue with some repair work that has been done on their car, they want to consult an Illinois liability lawyer. Your lawyer will be able to analyze the facts of your case and tell what type of problem you have and what the best path to a remedy would be.
LegalMatch.com can quickly connect you to an auto repair lawyer who understands the law and can advise you as to how to proceed.
