A defective car repair in North Carolina is simply a repair that is completed improperly, poorly, or with dangerous results. If a car repair is not properly completed, it can result in further necessary repairs or even personal injuries to the driver, their passengers, or other drivers. In general, this is because defective mechanic work can render a vehicle completely unsafe to drive.
If a vehicle is unsafe to drive, driving the vehicle further can then result in further damages to the vehicle itself, or personal injuries to the vehicle operator or passengers in the vehicle. Additionally if a person drives a vehicle in disrepair, further repairs are generally more difficult or impossible to perform. In other words, it could total the vehicle.
When a person in North Carolina is physically injured as a result of a defective car repair, they may then be able to sue the responsible party based on the legal theory of negligence in North Carolina. Additionally, there are many instances in which a driver of a vehicle with defective repairs may also hold the repair shop or repair person responsible for their injuries under strict liability laws.
Additionally, in the state of North Carolina, the Motor Vehicle Repair Act provides legal protections for any consumers when auto repairs cost more than $350. Under that Act, if you take your car to a repair shop, they must provide you with a written estimate for the repair. Then you are then able to authorize the repair.
Importantly, the repair shop cannot exceed the cost you authorized by more than 10% without your explicit permission. After repairs are made, the shop must then provide you with a detailed invoice that itemizes charges for any labor and parts. This invoice will identify all parts used in the repair as new, used, or reconditioned.
Then, you must pay for the repairs you authorized, even if the repairs do not fully solve the problem. The law also requires manufacturers to repair any defects that affect the use, value, or safety of new motor vehicles within the first 24 months or 24,000 miles of use. Additionally, manufacturers must either replace or buy back any seriously defective vehicle that cannot be repaired after a reasonable number of attempts.
This law interacts with North Carolina’s other lemon laws. Importantly, the Motor Vehicle Repair Act does not apply to any agricultural equipment or to vehicles weighing more than 26,000 pounds. However, if it does apply, it ensures that everything in the repair transaction is transparent, should an issue with a defective car repair arise.
What Are Some Examples of Defective Car Repairs?
There are numerous different examples of what is considered to be a defective car repair in North Carolina. Examples of common defective car repairs may include:
- Improper mechanical work that results in further mechanical issues and the need for further repairs;
- Faulty or improper part replacement, such as using a rebuilt part that fails;
- Defective body repair work;
- Substandard repairs of cosmetic issues, such as failure to properly replace a splash guard, bumper, or fender;
- Improper or faulty wiring that results in a computer or electronic error or failure.
Once again, automobile repair shops and mechanics are held to specific industry standards regarding any repairs, upgrades, or adjustments that are made to any vehicle in North Carolina. In fact, North Carolina laws are designed to make all repair work transparent. Further, The North Carolina Lemon Law found in the New Motor Vehicles Warranties Act provides additional protections for consumers who purchase or lease new motor vehicles.
What Is the Difference Between a Defective Car Repair and a Defective Product Recall?
A defective car repair and defective product recall are different terms. Defective car repairs are simply repairs that have been improperly performed on a vehicle by a repair shop or mechanic. On the other hand, a defective product recall is a defect resulting from the vehicle’s manufacturer.
A defective product recall serves the important function of notifying automobile consumers about dangerous defects regarding an automobile that they purchased. As a vehicle owner, if you receive a product recall notice, then you should immediately take action and call a mechanic to schedule any necessary repairs.
What Should I Do Regarding a Defective Car Repair?
If you are considering filing a defective car repair lawsuit in North Carolina, an auto repair lawyer can help you. You should especially consider consulting an attorney if you or passengers in your vehicle were injured as a result of a defective car repair.
Further, if you end up causing damage to others as a result of a defective car repair, that will also complicate your damage recovery. A lawyer for car issues will be able to review the facts and circumstances of your specific case and help you determine both who may be held responsible, and what damages may be available to you.
You may also hold a repair shop or mechanic liable in North Carolina under contract law. In North Carolina, almost all mechanic work is performed in accordance with a contract executed between the shop and consumer, as required by the Act mentioned above.
What Documentation Do I Need When Dealing with a Defective Car Repair?
As mentioned above, most mechanic work in North Carolina is performed under some form of a written contract executed between a consumer seeking repairs and a repair shop or mechanic. As such, the contract is one of the most important documents to have if an issue arises concerning a repair.
Maintaining documentation is paramount in being successful in a civil lawsuit based on a defective car repair. Examples of documentation that you should always keep in relation to the repair of a vehicle include:
- Any and all repair receipts that show the date of work performed and the total cost of the services and parts;
- Any purchase and repair warranties provided or communicated by the repair person or shop;
- Any insurance documents related to the repair work, such as payments made by your insurance;
- Copies of any and all written communications between yourself and the shop, such as quotes and conversations related to the work that was to be performed;
- Copies of any other documents or legal instruments relating to the repair of your vehicle, such as the 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 North Carolina, you must first identify what legal theory you will base your lawsuit on. Once again, common legal theories include negligence, strict liability, and contract law.
After you identify your legal theory, you must then identify the proper party to sue. After that, the next step is drafting your civil lawsuit and filing it in the proper venue.
Once your lawsuit has been filed and you pay your initial court fees, you must then serve the lawsuit against the opposing party. From there, the opposing party will have a period of time to answer your civil lawsuit and file a defense. They may also just choose to accept your damages and pay you what you are seeking.
After a period of time, your lawsuit will then continue based upon the civil laws and procedures for your jurisdiction and North Carolina state law. A local attorney in North Carolina will be familiar with this entire process and will be able to provide you 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 North Carolina, it is in your best interests to consult with an experienced North Carolina liability lawyer. An experienced liability lawyer will be able to help you determine if you have a valid case under the laws of the state, and who you may hold responsible for your personal injuries or property damage. LegalMatch can put you in touch with the ideal lawyer for your needs.
Additionally, an attorney will also be familiar with the proper civil process regarding how to properly draft and serve your civil lawsuit regarding a defective car repair. An attorney will also be able to represent your interests in court, as needed.
