Having to have a car repaired can affect every aspect of an individual’s everyday life. It is already a costly inconvenience, and when that repair turns out to be defective, the issues and stress can compound. Usually, cars are taken to automobile mechanics for repairs.
There may be cases in which someone’s car is returned with a defective repair. Defective car repairs can result in more damage to the car itself as well as injuries to the occupants.
They can also cause the car itself to be dangerous to drive and prevent future repairs from being possible. If an individual is involved in an automobile accident because of the defective repair, they may also have other issues, such as lost wages from missing work and medical costs.
If someone has been in a car accident that resulted from a defective car repair or has had any other issues with car repair in Montana, they should consult with a local attorney in Montana. Their auto repair lawyer can help them figure out what claims they may have and what compensation they may be able to receive.
What Are Some Examples of Defective Car Repairs?
Defective car repairs can come in many different forms, including:
- Improper replacement of a part;
- An improper wiring job;
- Defective bodywork;
- Defective mechanic work;
- A leaking replacement part;
- Repairs of cosmetic issues that are substandard;
- Defective paint jobs.
Completely avoiding a defective car repair may not always be possible but there are steps that can be taken to protect potential customers who are considering a car repair. First, an individual can research the mechanic or shop they are considering by using online resources, reading reviews, and asking family, friends, and neighbors.
It is also important to go to the physical location and review the shop’s licenses, certificates, and other business operating certificates. Taking these steps and verifying the shop’s certifications and licenses, can help ensure that an individual will be using a shop that meets industry standards and will perform the repair properly.
What Is the Difference Between a Defective Car Repair and a Defective Product Recall?
A defective car repair is work performed on a vehicle that is not complete or performed properly. A defective vehicle recall, on the other hand, results from a defect that arises in the vehicle during manufacturing.
Automobile recalls are issued when there is a flaw in the vehicle that creates a safety hazard that can cause injuries to drivers or passengers. Cosmetic issues are not usually the subject of automobile recalls.
Issues with a car that can cause a defective product recall to be issued may include:
- Structural issues in the car’s:
- Body;
- Frame;
- Transmission;
- Engine assembly;
- Defective gas or brake pedals;
- Misaligned steering mechanisms;
- Defects in the safety equipment in the vehicle;
- Issues with the exhaust, fuel, or cooling systems; and
- Electrical issues, such as defective keyless fobs.
There are also safety standards that are provided by the federal government that set minimum performance standards for vehicle parts that affect operation, including the:
- Tires;
- Brakes;
- Steering wheel;
- Lighting;
- Other parts included for the protection and safety of the driver and passengers.
An individual can consult with a lawyer for car issues if they have any issues with a defective repair. If they have had multiple repairs that have not fixed a certain issue, their car may fall under the state’s lemon laws.
What Should I Do Regarding a Defective Car Repair?
The first step an individual can take if they have had a defective car repair is to reach out to an attorney for advice, especially in cases where there was a car accident. Most car repairs include a contract between the customer and the shop that governs the terms of payment for the repair, the length of time the repair is expected to take, and any other important issues related to the work on the vehicle.
First, the customer should review this contract. Then, they should contact the mechanic or shop and ask them to fix the issue.
If they do not do so, a lawyer can reach out to them and see if they would be willing to do so in order to avoid legal action. Many establishments will want to keep their customers happy to avoid bad reviews or bad press associated with litigation.
If these steps are not successful, an individual’s lawyer can file a claim on their behalf requesting damages in court.
What Documentation Do I Need When Dealing with a Defective Car Repair?
It is important to keep any documents related to a repair when an individual has their car serviced or repaired, which may include:
- The repair receipt;
- Any insurance documents;
- Purchase warranties and repair warranties;
- Copies of written communications the customer had with the mechanic or shop;
- Copies of any other documents related to the repair.
These documents will be the foundation of any claim related to a defective car repair.
How Do I Sue for Defective Car Repair Issues?
If a defective car repair is not remedied by a shop, an individual may have to file a lawsuit in court. These lawsuits are usually based on negligence, a legal theory that allows for recovery of damages when another individual is careless given a certain situation.
Car repair or mechanic work that may be the result of negligence includes:
- Failure to repair damaged parts completely;
- Installation of the wrong part;
- Failure to utilize the correct repair procedure;
- Failure to identify repairs that are needed;
- Causing additional damage to the car during the repair process.
There are also other issues that commonly occur that an individual may be able to file a lawsuit for, including:
- Bad estimates: There are laws that protect consumers by requiring transparency on the details of repairs as well as requiring accurate quotes be provided;
- Breach of warranty: Most cars have some type of warranty that, if a mechanic fails to honor or cover the cost under the warranty, it may be considered a breach of warranty;
- Incorrect repairs: These occur when the car repair mechanic says something was fixed when, in fact, it was not;
- Fraud: This typically arises when a car repair mechanic charges for services or parts that they did not actually provide.
If any of these issues arise related to an individual’s car repair, it is important to consult with a lawyer as soon as possible because there will likely be a time limit to file their claim. This time limit is called the statute of limitations, which, if it has passed, the individual will be barred from recovery.
Should I Talk to a Lawyer for Help with a Defective Car Repair Claim?
Your car is probably a very important part of your everyday life that takes you to work, home, and anywhere else you need to go. If you have a defective car repair, it can disrupt your daily life.
For any issues related to a car repair in Montana, it is essential to contact a Montana liability lawyer who can help. These types of cases may be complicated to prove, as you have to show the mechanic’s work was the reason for your car issues.
Your lawyer will have the training necessary to know how to file your claim, how to build your case, and how to best present it to the court. In addition, your lawyer will help negotiate a settlement with the defense if they are willing to do so.
