When an individual has to have their car repaired, it can disrupt their everyday lives, such as going to work and caring for loved ones, and can cost them a lot of money. Many people take their cars to automobile mechanics when they have a car issue.
In some situations, a car may come back improperly or defectively repaired. A car that is defectively repaired may have dangerous results and can even result in more damage being caused to the car itself.
A defective car repair can also cause the car itself to be dangerous to operate and may result in injuries to the drivers and passengers. Defective car repairs can also result in an automobile accident.
When an individual is injured in an automobile accident that results from a defective repair, they may also incur other costs, such as medical bills, and other losses, such as lost wages from missing work. If this has happened to an individual, they should reach out to a local attorney in Nebraska.
An auto repair lawyer can advise regarding the claim that an individual may be able to make and the compensation they may be able to request. In addition, an attorney may be able to help resolve the issue with the mechanic or shop without having to go to court.
What Are Some Examples of Defective Car Repairs?
What can be considered a defective car repair will depend on the situation and the vehicle. However, common examples of what may be deemed a defective car repair include:
- A leaking replacement part;
- An improper wiring job;
- Improper replacement of a part;
- Defective bodywork;
- Defective mechanic work;
- Repairs of cosmetic issues that are substandard;
- A defective paint job.
It may be impossible to completely avoid any issues with car repairs. However, there are some important steps that can be taken before using a shop or mechanic to ensure an individual does their best to avoid any issues.
For example, an individual can research the shop or mechanic online and look for reviews. The individual can also visit the physical location and request to see any licenses, certificates, and other business operating certificates.
Car mechanics must meet specific industry standards when making adjustments, upgrades, or repairs to a vehicle. By taking the time to verify that the shop is properly licensed and certified, an individual can help ensure they will receive a repair that meets industry standards and is done properly and completely.
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 associated with cars. A defective car repair is an adjustment or repair that is not completely or properly handled.
A defective product recall related to a car results from a defect in that specific car or model of the car during its manufacturing. An automobile recall will be issued when there is a flaw in a car that causes a safety hazard, which may result in injuries to drivers or passengers.
Typically, recalls will not be issued for cosmetic problems, such as paint problems or the improper placement of decals. Issues with a car that can cause a recall to be issued include:
- Misaligned steering mechanisms;
- Structural issues in the car’s:
- Body;
- Frame;
- Transmission;
- Engine assembly;
- Issues with the exhaust, fuel, or cooling systems;
- Defective gas pedals or brake pedals that jam or get stuck;
- Defects in the safety equipment in the vehicle; and
- Electrical issues or computer problems.
If an individual has an issue with a defective repair or a recall, they should consult with a lawyer for car issues in Nebraska. It is also important to determine whether the vehicle may be covered by the state’s lemon laws.
What Should I Do Regarding a Defective Car Repair?
A defective car repair may have been done on a vehicle. In that case, the owner should reach out to an attorney for advice, especially if there was an accident that resulted from the defective repair. An individual’s lawyer can help them figure out the best way to resolve their issue.
Car repairs are usually completed in accordance with a contract between the mechanic or shop and the owner of the car. The contract will usually address the payment for the repair, how long the repair will take, and any other important details.
If an issue comes up with the vehicle repair, it is important to review the contract and reach out to the mechanic or shop to see if they will fix the issue. If not, a lawyer can correspond with the shop and advise them to fix the issue to avoid litigation.
Many times, once a business hears from an attorney and determines the individual is serious about pursuing legal action, they will fix the issue to avoid damage to their reputation and costly litigation. If this does not work, however, a lawyer can file a lawsuit on the individual’s behalf.
What Documentation Do I Need When Dealing with a Defective Car Repair?
It is important to keep any documents related to a car repair, adjustment, or upgrade in case issues arise after the work is completed. Additionally, these items will be used as evidence if an individual has to file a claim.
Examples of documents that an individual should keep related to their repair include:
- The repair receipt;
- Insurance documents;
- Purchase warranties;
- Repair warranties;
- Any written communication with the mechanic or shop;
- Any other document related to the repair.
How Do I Sue for Defective Car Repair Issues?
After a defective car repair, an individual may have to file a lawsuit in order to resolve their issue. In most cases, these lawsuits are based on negligence, which allows the car owner to recover damages when the mechanic is careless given the repair situation.
Work that may result from negligence includes:
- Failure to repair damaged parts completely;
- Failure to utilize the correct repair procedure;
- Installation of the wrong part;
- Failure to identify a repair that was necessary that other mechanics acting with a reasonable standard of care would have detected;
- Causing additional damage during the repair process.
Can You Sue a Mechanic in Nebraska?
There are some common issues that arise related to vehicle work that may form the basis of a lawsuit against a mechanic, including:
- Incorrect repairs;
- This happens when a mechanic claims an issue was fixed when, in fact, it was not completely or accurately remedied;
- Fraud;
- This arises when a mechanic charges for services or parts that they did not actually provide;
- Bad estimates;
- There are laws that protect consumers which require transparency regarding the details of car repairs as well as require accurate quotes to be provided;
- Breaches of warranty;
- Most vehicles come with a warranty that, if a mechanic fails to honor or cover the cost, may be considered a breach of that warranty.
It is important to consult with a lawyer as soon as a car repair issue is discovered, as there may be an applicable statute of limitations that limits the time an individual has to file a claim. If they miss this deadline, they will be barred from recovery.
Should I Talk to a Lawyer for Help with a Defective Car Repair Claim?
Your car is probably one of your most valuable and important assets. If you have an issue with a car repair in Nebraska, it is essential to consult with a Nebraska liability lawyer.
It can be difficult to prove defective car repair cases, as you have to show the mechanic was the actual cause of the issue. In addition, there may be other parties who can be held liable, such as shop owners and insurance companies.
Your attorney will be able to determine the correct defendants and ensure that your case is presented in the best way possible in court. If the defendants want to settle your claim, your lawyer will represent you during negotiations and ensure you are given a fair settlement.
