A car is a very important aspect of the everyday lives of most people. When a car needs repair, it can be inconvenient and, in some cases, costly.
In most situations, an individual will take their car to a repair shop or an automobile mechanic to fix the issue. Unfortunately, sometimes, a repair is not done completely or properly and is defective.
A defective car repair is a repair that results in danger to the occupants of the car or one that is poorly performed. A car repair may not be properly completed. If not, it may result in additional damage to the car itself or even cause injuries to occupants of the car, especially if it results in an automobile accident.
If a car is defectively repaired, it can also further damage the car itself, which can make it very difficult or even impossible to complete future repairs. If an individual has a car accident due to a defective car repair, they may also face other issues, such as lost wages from missed work or medical bills.
A lawyer for car issues can help an individual determine what claims they may be able to make for their defective car repair and how they may be able to obtain compensation for their losses. An individual might have a defective car repair issue or an automobile accident resulting from a defective car repair in New Hampshire. If this is the case, they should consult with a local attorney in New Hampshire.
What Are Some Examples of Defective Car Repairs?
There are many examples of what may be considered a car repair, such as:
- Defective paint jobs;
- Defective mechanic work;
- Improper part replacement;
- Leaking hoses or other replacement parts;
- Improper wiring jobs;
- Defective bodywork;
- Substandard repairs of cosmetic issues.
Even though it may not be possible to avoid a defective repair in every situation, there are steps that can be taken to help ensure that an individual chooses a reputable mechanic or shop who will properly complete their repair. Mechanics are required to meet industry standards when they are making repairs, upgrades, or adjustments to cars.
Conducting research on the mechanic or repair shop that is being considered is one way for car owners to protect themselves. This includes going to the physical location to view the shop’s certificates, licenses, or any other operating certificates.
It may also be helpful to look up online reviews and ask the opinions of friends or family in the area. By taking these steps, an individual can help ensure that they will be using a qualified mechanic at a qualified repair shop who can properly perform the needed repair or service on their car.
What Is the Difference Between a Defective Car Repair and a Defective Product Recall?
There are important differences between a defective car repair and a defective product recall related to a vehicle. A defective car repair is one that is not properly completed, causes additional damage to the vehicle, or endangers the vehicle’s occupants.
A defective product recall related to a vehicle will be issued if there is a manufacturing defect that causes a safety hazard. They are typically issued by model and year of the vehicle.
An automobile recall will be used to fix flaws in vehicles that created a safety hazard by allowing car owners to take their vehicles to dealerships for free repair. If a vehicle has a cosmetic issue, such as a misplaced decal, it will typically not result in a recall, as it does not affect the operation or safety of the car.
Vehicle issues that can cause a recall may include, but may not be limited to:
- Steering mechanisms that are misaligned;
- Defects in the brake pedal or the gas pedal, such as if it gets jammed or stuck;
- A flaw in a system in the car, such as the:
- A defect in the safety equipment in the vehicle, for example, with the airbags;
- Structural issues with the vehicle’s:
- Frame;
- Body;
- Transmission;
- Engine assembly; and
- Electrical issues or computer issues.
If an individual has a question or concern related to a recall or repair, they can consult with an auto repair lawyer. In some cases, if the vehicle cannot be repaired after multiple attempts, it may fall under the state’s lemon laws.
What Should I Do Regarding a Defective Car Repair?
If an individual believes they may have received a defective car repair, they should review the service or repair contract or the document that covered:
- The terms of payment for the repair;
- How long the repair was estimated to take;
- Other important issues related to the work.
After reviewing this document, they can reach out to the mechanic or shop and see if they would be willing to take a second look and fix the issue. If they are not willing to take any steps to fix the issue, a lawyer can reach out to them and request it be fixed to avoid litigation.
In most situations, businesses will be willing to fix problems in order to avoid bad reviews and costly litigation. If not, an individual can proceed with filing a claim in court to recover damages.
What Documentation Do I Need When Dealing with a Defective Car Repair?
Whenever an individual has their vehicle serviced or repaired, there are important documents they should save related to the work done, including:
- The repair receipt;
- Purchase warranties and repair warranties;
- Insurance documents;
- Documentation of communications between themselves and the mechanic or shop; and
- Any documents that relate to the repair.
It is important to keep these documents in case an unexpected issue arises, as these documents will form the basis of any defective car repair case.
How Do I Sue for Defective Car Repair Issues?
If an individual does end up with a defective car repair, it may require filing a lawsuit in order to completely resolve the problem. A defective car repair lawsuit will usually be based on the legal theory of negligence, a theory that allows a car owner to obtain damages if their mechanic is careless given the repair situation.
Examples of negligent repair work may include, but are not limited to:
- Installation of the wrong part;
- Causing additional damage during the repair process;
- Failure to repair damaged parts completely;
- Failure to utilize the correct repair procedure;
- Failure to identify a repair that was necessary that other mechanics acting with a reasonable standard of care would have found was needed.
Can You Sue a Mechanic in New Hampshire?
There are several issues for which an individual can sue a mechanic in New Hampshire, such as:
- Incorrect repairs;
- These occur when the mechanic claims a problem was fixed when, in fact, it was not;
- Fraud;
- This happens when the mechanic charges for parts or services that they did not provide;
- Bad estimates;
- Laws exist to protect consumers that require mechanics and shops to be transparent regarding the details of vehicle repairs as well as require accurate quotes to be given to customers; and
- Breaches of warranty;
- The majority of cars have a warranty that, if the shop or mechanic fails to honor or cover the cost, can be considered a breach of the warranty.
It is essential to reach out to an attorney as soon as an issue with a car repair is discovered, as there will likely be a statute of limitations that applies, which limits the time the car owner has to file their claim. If this deadline passes, they will be barred from recovering any damages.
Should I Talk to a Lawyer for Help with a Defective Car Repair Claim?
Your car is probably one of the most important things you own and use every day. If you have any issue with a defective car repair in New Hampshire, it is important to reach out to a New Hampshire liability lawyer.
It can be difficult to show causation in defective car repair cases, or that the mechanic was actually the one who caused the damage or issue. Additionally, there can be other categories of individuals who may be held liable, such as insurance companies and repair shop owners.
Your lawyer can determine the defendants that can be named in your case as well as ensure that your claim is presented in the best light in court. If one or more of the defendants want to negotiate a settlement with you, your lawyer will be present during those meetings as well as any court appearances.
