Defective car repairs refer to any repairs that are completed poorly, improperly, or otherwise result in a dangerous defect. It is important to note that if a repair is not properly completed on a vehicle, it can result in further damage to that vehicle or even injuries to the vehicle driver, their passengers, or other drivers on the road.
Ultimately, this is because defective mechanic work renders a vehicle unsafe to drive. Additionally, If a vehicle is not functioning properly, continuing to drive the vehicle may result in further damages to the vehicle itself. That in turn could lead to further malfunctions and safety hazards.
In New Mexico, when a person is damaged as a result of a defective car repair, they have the legal right to sue the party responsible for their damages based upon the legal theory of negligence.
In New Mexico, there are specific laws and regulations that govern automotive repairs which are aimed at protecting consumers. First, automotive repair facilities in New Mexico must always provide an in writing estimate for any car repairs that exceed $100. If the customer is not present when the estimate is finalized, then the repair facility can obtain oral approval from the customer or proceed only by providing the written estimate.
Within the written estimate, the document will note who authorized the repairs to be made, contact phone numbers, the exact repairs authorized, and the time and date that the authorization was given. Then, if repairs exceed the estimate by 10% or $50, the shop must obtain a new authorization for the additional repairs.
All of this is meant to keep the repair process completely transparent, prevent unauthorized repairs from being made, and ensure proper documentation is maintained throughout the vehicle repair process.
Further, New Mexico also has lemon laws that are designed to help consumers who experience issues with the purchase or lease of a new motor vehicle in the state get their vehicle repaired under the original manufacturer’s warranty at no cost. The lemon law also applies to used cars that have had at least three repair attempts for the same defect before the vehicle is considered a lemon.
Additionally, repair shops in New Mexico may also be held liable for a defective car repair under the New Mexico Deceptive Trade Practices Act (“DTPA”). The DTPA prohibits businesses from engaging in unfair, deceptive, or unconscionable trade practices, including misleading advertising, fraudulent sales techniques, or other unethical behaviors.
What Are Some Examples of Defective Car Repairs?
There are many different examples of what may be considered to be a defective car repair in New Mexico. Examples of common defective car repairs include:
- Faulty mechanical work that results in further mechanical issues with the car;
- Improper replacement of parts, such as using a cheap aftermarket, rebuilt, incorrect, or otherwise faulty part;
- Defective body repair work that necessitates further body repair work to be performed; and/or
- Improper wiring that results in an onboard computer or other electronic error or failure.
What Is the Difference Between a Defective Car Repair and a Defective Product Recall?
Defective car repairs and product recalls do not refer to the same defect. Once again, a defective car repair is simply a repair that has been improperly performed on a vehicle by a repair shop or mechanic. In contrast, a defective product recall is a defect that was a result of faulty manufacturing or assembly by the vehicle’s manufacturer.
A defective product recall serves the important function of notifying vehicle owners about dangerous defects that may be present in their vehicles. As such, if you receive a defective product recall notice, you should immediately contact a local mechanic or dealership to schedule any repairs listed in the notice or send the vehicle back in for a full refund.
What Should I Do Regarding a Defective Car Repair?
First and foremost, you should always attempt to resolve your defective car repair issue directly with the party that performed the defective repair. That may be able to address your issues without the necessity of any further action. However, if that does not work out, then you may always sue the mechanic or shop.
If you are considering filing a defective car repair lawsuit in New Mexico, an auto repair lawyer can help. This is especially true if the defective car repair resulted in you or the passengers in your vehicle being injured.
A lawyer for car issues can help you review the facts and circumstances of your case, determine who may be held responsible, and understand what legal damages may be available.
Once again, in New Mexico, almost all mechanic work is performed in accordance to a written agreement executed between the shop mechanic and the customer seeking repairs. This is due to the regulations mentioned above requiring certain documentation to be provided. As such, you should always maintain such documentation if you file a suit, as it may be introduced later as evidence.
What Documentation Do I Need When Dealing with a Defective Car Repair?
When dealing with a defective car repair, maintaining proper documentation is important. This is because that documentation will be paramount in proving your civil lawsuit against the party responsible for your damages.
As mentioned above, most mechanic work in New Mexico is performed under some form of a written agreement or authorization executed between a consumer and the repair shop or mechanic. That will be the most important piece of documentation for both parties to maintain.
Examples of other documentation that you should always keep in relation to the defective repair of a vehicle include:
- Any contracts executed between you and the shop or mechanic;
- Any and all receipts that evidence the date work was performed and the total cost of the car repairs;
- Any purchase and repair warranties that were provided by or communicated by the mechanic or shop;
- Any insurance documents related to the repair work, such as authorizations made by your insurance company;
- Copies of any and all written communications with the shop, such as quotes or conversations related to the work that was to be performed; and/or
- Copies of any other documents or legal instruments relating to the repair, such as parts that were used or labor that was performed.
How Do I Sue for Defective Car Repair Issues?
In order to sue for defective car repair issues in New Mexico, you will first need to identify what your legal theory will be for your lawsuit. Once again, negligence, strict liability, and contract law are all common legal theories for recovering from defective car repair issues.
Next, you must draft your civil lawsuit, file it in the appropriate venue, and pay the appropriate filing fees. Then you must serve your lawsuit on the party that you sued. Then, the opposing party will have a period of time to answer your civil lawsuit and file a defense.
After the answer period has passed, your lawsuit will then proceed based upon the civil laws and procedures for your jurisdiction and New Mexico state law. A local attorney in New Mexico will be familiar with these civil laws and procedures and can provide you with assistance.
Can You Sue a Mechanic in New Mexico?
Individual mechanics may also be held liable for defective car repairs. The process for doing so is identical to the process above. However, if the individual mechanic is affiliated with a shop, it may be more prudent to also sue the shop under the legal theory of respondeat superior.
This is because New Mexico laws provide that an employer can be held liable for negligent acts committed by its employees while they were within the “course and scope” of their employment.
The auto repair shop may carry liability insurance that can be used to cover the costs of your personal injuries or further required repairs on your vehicle. In contrast, an individual mechanic may not have sufficient monetary funds or insurance 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 in New Mexico, then it is in your best interests to consult with an experienced New Mexico liability lawyer. LegalMatch can match you with the ideal lawyer for your defective car repair claim.
An experienced liability lawyer will be able to help you determine your best course of legal action. This includes drafting a civil lawsuit and filing it on your behalf.
Further, an attorney will also be familiar with the proper civil laws and procedure regarding how to properly serve your civil lawsuit and handle the civil process. An attorney will also be able to negotiate a resolution outside of court with the opposing party or their insurance company. Finally, an attorney will also be able to represent your interests in court, as needed.
