When an individual owns a car, it is usually something they rely on daily to complete their tasks. When someone relies on their car, it can be expensive and very inconvenient when it needs a repair.
Most people will take their car to an automobile mechanic when it needs a repair. In some cases, the car will come back to its owner with a defective car repair.
Defective car repairs are performed if the repair is done poorly or has dangerous results. If a car repair is not properly done, it can result in additional damage to the car as well as injuries to individuals who use the car, both as drivers and passengers.
A defective car repair can make an individual’s car unsafe to use. It can also create additional risks for people in the car and other motorists and may even cause automobile accidents. If a car accident does result from a defective car repair, an individual may also face other issues, such as medical bills and lost wages due to missed work.
If an individual receives their car back and it has a defective repair, especially in cases where an automobile accident occurred, an auto repair lawyer can help. It is important to consult with a local attorney in Iowa as soon as possible to evaluate the case and see what remedies may be possible to obtain.
What Are Some Examples of Defective Car Repairs?
There are many different issues that may be examples of defective car repairs, such as:
- Defective mechanic work;
- Defective bodywork;
- Improper wiring jobs;
- Leaking hoses or other replacement parts;
- Improper part replacement;
- Substandard repairs of a cosmetic issue on the car;
- Defective paint jobs.
Completely avoiding a defective repair may not be possible. However, there are certain steps that can be taken to protect a customer who is considering certain mechanics or shops.
It may be helpful to research the shop and mechanic that will be completing the repair. Another step to help ensure a qualified mechanic will be performing the work is to view the shop’s licenses, certificates, and other operating certificates.
What Is the Difference Between a Defective Car Repair and a Defective Product Recall?
There are differences between defective car repairs and defective product recalls. Defective car repairs are work that is not properly done on a car.
Defective product recalls on automobiles are issued because of a manufacturing defect in the vehicle. An automobile recall will be issued when there is a safety hazard that results from a flaw in the car that may cause injuries to the driver or passengers.
Safety-related problems with a car that may cause a recall to be issued include:
- Misaligned steering mechanisms;
- Defects in safety equipment;
- An electrical or computer issue;
- Issues or defects with the exhaust, fuel, or cooling systems;
- A defect in the gas pedal or brake pedal; and
- Structural issues with:
- The transmission;
- The body;
- The frame; or
- The engine assembly.
The federal government issues safety standards that set the minimum performance requirements for car parts that affect the operation of the vehicle, including:
- Tires;
- Steering wheels;
- Lighting;
- Brakes; and
- Other components installed for the protection and safety of the driver and passengers.
If a part does not comply with federal standards or if there is a safety-related defect in the vehicle equipment, a recall may be issued. In some situations, the car may be covered by the lemon laws in the state.
What Should I Do Regarding a Defective Car Repair?
If an individual thinks they received a defective car repair, a lawyer for car issues can help them determine if, in fact, the repair was defective and what they can do to remedy the issue. In most situations, repairs that are done on cars are governed by a contract between the car owner and the shop or mechanic performing the work that will typically cover:
- The terms of payment
- The length of time the repair is supposed to take
- Other issues related to the repair
If an issue arises with a repair, the first step is to review the repair contract. Second, the individual can reach out to the shop or mechanic and see if they would be willing to fix the issue.
If the shop or mechanic is not willing to fix the issue, the individual’s lawyer can reach out and see if they will respond differently in order to avoid legal action. If this does not work either, an individual’s attorney will be able to file a lawsuit on their behalf to recover damages.
What Documentation Do I Need When Dealing with a Defective Car Repair?
When a car owner takes their vehicle in for a service or repair, there are related documents that should always be kept in case a problem comes up with the repair in the future. Examples of documents that should be kept when an individual has a car repair include:
- Insurance documents;
- Repair receipts;
- Purchase and repair warranties;
- Written communication the customer had with the mechanic or shop;
- Other documents related to the repair.
How Do I Sue for Defective Car Repair Issues?
When an individual files a lawsuit based on a defective vehicle repair, it will usually be based on the legal theory of negligence. Common examples of issues that may be the basis of a negligence lawsuit include:
- Installing the wrong parts;
- Failing to completely repair damaged parts;
- Failing to perform the correct repair procedure;
- Failing to identify a needed repair that another similarly trained mechanic would have identified;
- Causing damage while performing the repair.
What Are Some Tips to Pursue in This Type of Lawsuit?
There are certain things that an individual can do to help prevent issues with their car repair, as discussed above. If an issue does occur, it is important to reach out to the owner or manager of the business because they will most likely want to resolve any issues to keep their positive business reputation.
Most businesses know that legal claims can be expensive and lead to negative press, and they will do their best to investigate and resolve any issues that arise. One of the more difficult issues with defective car repair cases is proving causation.
This is because it can be difficult to prove definitively that the actions of the mechanic resulted in the issue or accident. The plaintiff, or the individual who files the claim, has the burden of showing that the mechanic caused the damage or issue.
Because of this, it is important to have an attorney handle the issue, as they will know the best way to prove causation. If an individual’s claim involves a smaller amount of damages, usually around $5,000 or less, they might be able to handle their issue in small claims court.
An individual’s lawyer can provide advice regarding the best way to resolve their issue based on their budget and needs.
Should I Talk to a Lawyer for Help with a Defective Car Repair Claim?
If you have received a defective repair on your car, you should consult with an Iowa liability lawyer as soon as you can. Claims involving defective car repairs can be complicated as well as involve more than one defendant.
Your lawyer will review your case and help you determine the best way you can obtain compensation for your losses. If you are able to negotiate with a defendant to settle your case or if you are required to make a court appearance, your attorney will represent you.
Your attorney will help ensure that you receive the necessary compensation for the losses that you suffered because of the defective repair. Having a defective car repair can be very stressful, and your lawyer will help you handle some of that burden.
