A defective car repair is simply a repair performed by a garage or mechanic that is completed poorly, improperly or results in an otherwise dangerous defect. It is important to note that if a repair is not completed correctly on a vehicle, that can result in further damage to that vehicle.
Additionally, the disrepaired state of the vehicle may also result in an injury to the driver, their passengers, or other drivers on the road. In short, defective mechanic work can ultimately render a vehicle unsafe to drive, which can result in personal injuries or property damage.
If a vehicle is unsafe to drive, continuing to drive the vehicle may result in further damages to the vehicle itself, personal injuries to the vehicle operator, personal injuries to passengers in the vehicle, or personal injuries to other motor vehicle operators.
In addition to possible personal injuries, making further repairs after a vehicle has been driven in disrepair may be difficult or impossible to perform. This often results in a vehicle being deemed totaled by the driver’s insurance company.
In the state of Nevada, when a person is physically injured as a result of a defective car repair, they have the legal right to sue the party that is responsible for their damages based upon the legal theory of negligence.
In Nevada, the Nevada Lemon Law is designed to protect consumers who purchase or lease new vehicles in the state. The law ensures that if a new vehicle has a substantial defect covered by the manufacturer’s warranty which cannot be fixed after a reasonable number of repair attempts, the manufacturer must either replace the vehicle or completely refund the original purchase.
What Are Some Examples of Defective Car Repairs?
There are many different examples regarding what qualifies as a defective car repair in Nevada. Examples of common defective car repairs in Nevada include:
- Improperly completed mechanical work that results in further mechanical issues;
- Improperly replacing parts, such as using a faulty or repaired part;
- Defective cosmetic or auto body repair work that necessitates further work to be performed;
- Improper repair of wiring issues that result in a vehicle computer or other electronic error or failure.
Once again, automobile repair shops and mechanics in Nevada are held to specific industry standards regarding any repairs, upgrades, or adjustments made to a vehicle in Nevada. In fact, Nevada has adopted the Uniform Deceptive Trade Practices Act within its criminal, civil, and vehicular code.
Once again, Nevada also has lemon laws that are designed to help consumers who experience any issues with their purchase or lease of a new motor vehicle in the state get their vehicle repaired under the original manufacturer’s warranty at no cost to themselves.
What Is the Difference Between a Defective Car Repair and a Defective Product Recall?
A defective car repair in Nevada is 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 that was the result of the vehicle’s manufacturer.
A product recall serves the important function of notifying all automobile consumers about any dangerous defects in their vehicles. As the owner of a vehicle, if you receive a product recall notice, then you should immediately take action and schedule the repair.
What Should I Do Regarding a Defective Car Repair?
If you are considering suing a mechanic or shop by 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. The party responsible for your issues may be able to provide a remedy to your issue.
If the party responsible for your issues 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 are legally allowed to file a civil lawsuit in order to recover damages for such negligent, faulty, and defective car repairs.
A lawyer for car issues will be able to help you review the facts and circumstances of your case and help you determine who may be held responsible. Additionally, an attorney can also tell you what damages may be available in your case. They can also help you negotiate with insurance companies.
What Documentation Do I Need When Dealing with a Defective Car Repair?
Maintaining proper and complete documentation is important in being successful in a civil lawsuit based on a defective car repair. This is because such documentation will be used as evidence to support your claim.
Examples of documentation that you should always keep in relation to the repair of a vehicle include:
- Any and all receipts that show the date of work performed and the total cost of repairs paid by the consumer;
- Any purchase and repair warranties that were provided by or communicated by the mechanic or repair shop;
- Any insurance documents related to the repairs performed, such as payments made by your insurance company;
- Copies of any and all written communications between yourself and the shop, such as quotes for repairs or conversations related to the work that was performed;
- Copies of any other documents or legal instruments relating to the repair, such as parts that were used and labor performed.
How Do I Sue for Defective Car Repair Issues?
In order to sue for defective car repair issues in Nevada, you must first identify the legal theory that you will base your civil lawsuit on. Legal theories include negligence, strict liability, and contract law, to name a few.
After you identify the legal theory, you must then identify the party responsible for your damages. After that person or party is identified, you will then need to draft your lawsuit and file it in the proper venue, naming the responsible party.
Once your lawsuit has been filed, you must serve it on the opposing party. The opposing party will then have a period of time to answer your civil lawsuit and file an answer. Settlement negotiations often happen during this phase.
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 Nevada state law. A local attorney in Nevada will be familiar with Nevada civil procedure and will be able to provide you with guidance and assistance.
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 in Nevada, it is in your best interests to consult with an experienced Nevada liability lawyer. An experienced liability lawyer will be able to help you determine your best course of legal action. LegalMatch can connect you with the right liability lawyer for your specific needs.
Additionally, an attorney will also be familiar with the proper civil procedure regarding drafting and serving your civil lawsuit. An attorney will also be able to help you negotiate a resolution with the opposing party or their insurance. Finally, an attorney will also be able to represent your interests in court, as needed.
