A defective car repair occurs when a vehicle repair is improperly completed. Importantly, if a repair is not properly completed on a vehicle, it can result in further damages to the truck or even injury to the driver, their passengers, or other drivers on the road. This is because defective mechanic work can ultimately render a vehicle completely unsafe to drive.
If a vehicle is unsafe to drive, driving the vehicle can result in further damages to the vehicle itself, personal injuries to the vehicle operator, or injuries to passengers in the vehicle. Additionally, making further repairs after a vehicle was driven in disrepair may be difficult or impossible. As such, the vehicle may be deemed totaled.
If a person is physically injured as a result of a defective car repair, they have a legal right to sue the responsible party based on the legal theory of negligence in Kentucky. Further, there are many instances in which the driver may also hold the repair shop or repair person responsible for their injuries under the theory of strict liability.
Additionally, in Kentucky, there are several laws that address defective car repairs and protect consumers when repairs are performed. The Kentucky Used Car Law is a law that requires car dealers to fully disclose any prior repaired damage before they sell a vehicle.
Kentucky Lemon Laws are laws that protect car buyers from purchasing subpar vehicles. Cars with at least one substantial defect within a certain time of purchase or defective repairs that have had a reasonable number of attempts performed may be eligible for replacement or refund.
Lastly, there are also Consumer Protection Statutes, which can be found in the Kentucky Revised Statutes Chapter 367. These statutes cover various topics concerning consumers, including lemon laws, repairs, arbitration, and disclosure of damages.
Repair shops may also be held liable for a defective car repair under the Kentucky Consumer Protection Act if there were any “unfair, false, misleading, or deceptive acts or practices” employed during the vehicle repair.
What Are Some Examples of Defective Car Repairs?
There are many different examples of what may constitute a defective car repair in Kentucky. Examples of common defective car repairs include:
- Faulty mechanical work that results in further issues with the vehicle;
- Improper replacement of parts, such as using after-market or rebuilt parts that fail;
- Defective body repair work;
- Substandard repairs of cosmetic issues, which result in further work needing to be done to remedy the work performed;
- Improper wiring that results in an onboard computer or electronic error or failure.
Once again, automobile repair shops and mechanics are held to specific industry standards regarding any repairs, upgrades, or adjustments made to a vehicle in Kentucky. In fact, Kentucky’s lemon laws help consumers who experience issues with a purchase or lease of a new motor vehicle in the state get their vehicle fully repaired under the original manufacturer’s warranty.
What Is the Difference Between a Defective Car Repair and a Defective Product Recall?
Once again, a defective car repair is simply a repair that has been improperly performed by a repair shop or mechanic. On the other hand, a defective product recall is different as it concerns a defect, which is the result of the vehicle’s manufacturer.
A product recall serves the function of notifying automobile consumers about dangerous defects in their vehicles. As a vehicle owner, if you receive a product recall notice, then you should immediately take action and schedule the repair that is listed in the notice. Importantly, this repair should be performed at no cost to you as the vehicle owner.
What Should I Do Regarding a Defective Car Repair?
If you are considering filing a defective car repair lawsuit, the first thing that you should do is attempt to contact the person or shop that performed the work. They may be able to provide a remedy to your issue.
If they cannot remedy your issue, an auto repair lawyer can help. Once again, if you or passengers in your vehicle were injured as a result of a defective car repair, then you may file a lawsuit in order to recover damages for such negligent faulty repairs.
This is especially true if the faulty repair resulted in an automobile accident. A lawyer for car issues will be able to review the facts and circumstances of your case and help you determine who may be held responsible and what damages may be available in your case. They can also help you negotiate with any insurance companies involved.
What Documentation Do I Need When Dealing with a Defective Car Repair?
As mentioned above, most mechanic work in Kentucky will be performed under some form of a written contract executed between the consumer and the repair shop or mechanic. Maintaining documentation is important in being successful in a civil lawsuit based on a defective car repair, as that documentation will be used as evidence to support your claim.
Examples of documentation that you should always keep in relation to the defective repair of a vehicle include:
- Any and all payment receipts that show the date of work performed and the total cost of repairs;
- Any purchase and repair warranties provided or communicated by the repair person or shop;
- Any insurance documents related to the repair, such as payments made by your insurance company;
- Copies of any written communications with the shop, such as quotes for repairs or conversations related to the work that was to be performed;
- Copies of any other documents or legal instruments relating to the repair, such as parts used, labor performed, or other specific work that was performed.
How Do I Sue for Defective Car Repair Issues?
In order to sue for defective car repair issues in Kentucky, you must first identify your legal theory that you will base your civil lawsuit on. Once again, there are a variety of different legal theories available to you in Kentucky, including negligence, strict liability, and contract law.
After you identify your legal theory, you must then identify who you are suing. After that person or party is identified, you will then need to draft your lawsuit and file it in the proper venue.
Once your lawsuit has been filed, and you pay your initial court fees, you must then serve the lawsuit on the opposing party. From there, the opposing party will have a period of time to answer your civil lawsuit and file a defense. They may also choose to settle the lawsuit at that time.
After a period of time for the opposing party to respond has passed, your lawsuit will continue based on the civil laws and procedures for your jurisdiction and state law. A local attorney in Kentucky will be familiar with this entire civil process and will be able to provide you with guidance and assistance.
Can You Sue a Mechanic in Kentucky?
Similar to suing a mechanic shop in Kentucky, individual mechanics may also be held liable for defective car repairs. In the case of an individual mechanic not being affiliated with a shop, you can bring a private civil lawsuit against them as an individual.
Importantly, if the individual is affiliated with a shop, it may be prudent to also sue the shop under the legal theory of respondeat superior. This is because Kentucky law provides that an employer can be held liable for negligent acts committed by its employees, which includes a mechanic performing vehicle repairs.
Importantly, the repair shop will carry liability insurance that can be used to cover the costs of your injuries or further required repairs of your vehicle. In contrast, an individual may not have sufficient funds to cover the costs of your injuries or needed remedial repairs.
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, it may be in your best interests to consult with an experienced Kentucky liability lawyer. An experienced liability lawyer will be able to help you determine your best course of legal action.
LegalMatch can put you in touch with the right lawyer for your specific legal needs.
They will be able to help you gather evidence, draft a civil complaint, and initiate your lawsuit. Additionally, an attorney will also be familiar with the proper civil procedure regarding how to properly draft and serve your civil lawsuit regarding the defective car repair. Finally, an attorney will also be able to represent your interests in court, as needed.
