A car owner in Ohio may confront a couple of different situations when it comes to car repair. One situation arises when the person buys a new car and discovers that it has a defect. New cars that have defects are referred to as “lemons.” Most states have so-called “lemon laws” aimed at helping consumers in this situation and Ohio is one of them.
Ohio’s Lemon Law only applies to new vehicles. In fact, in order to qualify for the remedies offered by the state’s lemon law, the new owner must seek relief within the first 12 months or 18,000 miles of their ownership, whichever comes first. In addition, the new vehicle must have a problem that is covered by the vehicle’s warranty and significantly affects the use, value or safety of the vehicle.
The second situation arises when a vehicle that a person owns simply needs repair of some kind. It may need repair because a part has broken due to wear and tear, or, the car may have been damaged in an accident. Whatever necessitates the repair, it is not a defect that came with the car.
In the second situation, the law of warranties might apply if the owner has a warranty that covers the repair the car requires. Or a person may need to turn to traditional legal remedies such as a lawsuit for breach of contract. An auto repair lawyer would be able to explain the details.
What Are Some Examples of Defective Car Repairs?
Any repair of any part of a car can be inadequate or defective and fail to fix the problem. Common repairs that people need are the replacement of belts, e.g., the fan belt, or the replacement of a worn starter. This would be a defective car repair.
A defect that is essentially built into the car when it is designed or manufactured is something different. Some of the types of defects that can affect a vehicle’s safety are as follows:
- Steering System: Parts of a car’s steering system can break without warning while the driver is operating the car and cause the driver to lose control of the vehicle;
- Fuel System Components: Clearly, the fuel system is critical because it can be a source of fires and explosions. If a fuel system lacks a functioning part that stops the flow of fuel in a crash, it can lead to a fuel leak that can cause a car to burst into flames or even explode;
- Faulty Accelerator Controls: A gas pedal can become stuck, so the driver becomes unable to stop the car when necessary;
- Wheels: Wheels may have defects in them that cause them to crack or break unexpectedly. This can cause the driver to lose control of the vehicle and cause a collision.
What Is the Difference Between a Defective Car Repair and a Defective Product Recall?
A defective car repair is a repair attempt made by a mechanic or auto repair shop that does not successfully fix the problem. It is defective mechanic work.
A defective product recall is something that comes from the National Highway Traffic Safety Administration (NHTSA), a federal agency. If auto manufacturers, dealers, and car buyers inform the agency that a car on the market has a defect, the NHTSA has the authority to issue a recall. The manufacturer of the defective car then has an obligation to notify owners about the defect and offer them a no-cost fix for the problem.
The kind of defect that can lead the NHTSA to issue a recall may be in the design of the car, or it may have arisen during the manufacturing process or in the preparation of warnings about its use. Defects such as these may be addressed by Ohio’s lemon laws and the NHTSA and its recall program.
In one recent recall, over 67 million cars with Takata airbags were recalled. The NHTSA instituted the recall, because the airbags can explode when they deploy in a collision. On some occasions, the results have been fatal. The recall affected well over 20 makes of cars in which Takata airbags had been installed. Manufacturers whose cars contained Takata airbags had to replace the defective airbags at no cost to the owner of the vehicle.
What Should I Do Regarding a Defective Car Repair?
If a person has a car with a defect, they will turn to Ohio’s Lemon Law for a solution. Under Ohio’s Lemon Law, the auto manufacturer has the right to a “reasonable opportunity” to correct the problem. If the problem is not corrected, the consumer might be eligible to receive either a refund of the purchase price or a replacement vehicle. A lawyer for car issues would be able to help.
To qualify as a lemon in Ohio, a person’s new vehicle must have a major unresolved mechanical problem that seriously compromises its safety. The Lemon Law covers passenger cars, light trucks, and motorcycles if they are less than 1 year old or have less than 18,000 miles on the odometer.
A person may not be able to resolve the problem with the car’s manufacturer through negotiation or arbitration. If not, they may file a civil suit if they file within 5 years of the date when they bought the vehicle.
However, before filing a civil suit, a person should send a certified letter to the manufacturer telling them about the defects and the efforts made to fix them. The letter should include the car’s vehicle identification number (VIN). The person says whether they would prefer a replacement vehicle or a refund of the purchase price.
If the manufacturer agrees with a person’s claim, they may provide the remedy the person requires. However, the manufacturer may ask for another attempt to fix the person’s car. A person does not have to agree to this. A person may ask the manufacturer or the dealer whether an arbitration program is available.
If the manufacturer has an arbitration program that has been approved by the Ohio Attorney General. If the manufacturer’s arbitration program is not an approved program, a person does not have to participate before they may file a lawsuit.
In an arbitration, a neutral arbitrator hears both sides of the case and makes a decision. If a person is not satisfied with the decision, they may then file a civil suit in a court of law. Needless to say, these processes can all take time, so a person needs to act promptly to assert their rights if they want to be able to file a lawsuit within the 5-year period allowed by law.
Unfortunately, many vehicle defects reveal themselves when they cause an accident. If a person suffers injury or property damage because a defect in a car causes an accident, the person may sue the manufacturer and dealer for strict product liability. The person would not have to prove negligence on the part of anyone. Rather, they must only prove that the car had a defect and the defect was the direct cause of the accident in which the person suffered injury and loss.
A person would file their lawsuit in a civil court. They would want to be represented by a local attorney in Ohio. The manufacturer and dealer are sure to be represented by their attorneys, so a person wants to have their own legal representation.
A person would have to prove that the vehicle in question had a defect and that this defect caused the accident in which the person was injured. This would probably require the help of an expert witness, possibly an automotive engineer, to prove this fact.
What Kind of Documents Do I Need to Deal with a Defective Car Repair?
Basically a person needs to have any and every document that relates to their purchase of their car, any warranties they may have and any documentation related to efforts to repair the car.
A person should keep the sales contract for their car. If they purchased a warranty or if the car was sold with a manufacturer’s warranty, they want to be sure they have a copy of the warranty. A person should know where the title, registration and owner’s manual for their car is located.
If a person has a problem with a bad repair job, they want to be sure to keep all documents they have that are associated with the car repair, e.g., estimates, job orders, invoices, receipts, and the like.
A consumer in Ohio has a right to receive a verbal or written estimate for vehicle repairs that may cost over $50. Mechanics and repair shops must get the consumer’s authorization for additional repairs or services that will cost over 10 percent of the estimate, which is more than the amount on the estimate. If a person has this document, they should keep it. Any other documents relating to a repair should be kept.
A person wants to make a record of every occasion when they take their vehicle in for repair or routine maintenance. A person also wants to complete all routine maintenance of their vehicle.
How Do I Sue for Defective Car Repair Issues?
As noted above, if a person’s problem is a defective mechanic’s work, they would also sue in a Pennsylvania civil court. They could allege breach of contract. They would have to prove that they had a contract to pay a mechanic to perform a specific repair of their car, and the mechanic did not provide the repair as promised.
It is important to note that a contract may be oral or written, express or implied from circumstances. If a person can prove the existence of a contract in any form, a court may enforce it.
So, even if a person and their mechanic did not have a written contract, breach of the contract would be grounds for a lawsuit for compensatory damages. An award of damages would cover the expense of making the repair the mechanic did not make.
A person may want to consult a lawyer for car issues. A lawyer would be able to help a person choose the claim they should allege and how they would prove it.
Another option might be a lawsuit for breach of warranty if a person has a warranty for their car, either from the manufacturer, the dealer, or an after-market warranty that they have bought to cover the cost of potential repairs.
Can You Sue a Mechanic in Ohio?
The process for suing a mechanic in Ohio is essentially the same process as that for suing an auto repair shop in that state. A person will have the same options they have if they wish to file a lawsuit against an auto repair shop.
Do I Need the Help of a Lawyer for My Car Defect Repair Issue?
If you think your car is a lemon, you want to talk to an Ohio liability lawyer. If you have problems with an auto repair shop that hasn’t fixed your car as promised, you also want to consult an Ohio liability lawyer.
LegalMatch.com can put you in touch with a lawyer who understands the options offered by Ohio law and how you can get the remedy the law provides.
