Pennsylvania has an Automobile Lemon Law aimed at offering options to people who buy defective, unsafe new cars. The law applies to both the purchase and leasing of new cars for personal or family use that are registered in Pennsylvania.
Problems must show themselves within the first 12 months or 12,000 of owning the car, and it must be significant, i.e., something that significantly affects the use of the car and its safety.
A person should take the car to the dealer for repair and then keep the repair invoice. A person would want to confirm that the dealer has notified the car’s manufacturer that their vehicle was brought in a second time for the same problem. However, if the first time the problem arises takes place within the first 12 months or 12,000 miles of ownership, a person would be covered by the Lemon Law for the same problem after that.
A manufacturer may try to repair the defect 3 times, and if they are unsuccessful, they must refund the purchase price or provide the buyer with a replacement vehicle. The refund or replacement remedy is also available if the car spends a total of 30 days at the dealer’s for repair within the 12-month or 12,000-mile period.
A person with a complaint based on Pennsylvania’s Lemon Law may file a complaint with the manufacturer’s arbitration program. Or they may file a lawsuit in Pennsylvania’s Court of Common Pleas. In addition to getting a refund or a new replacement vehicle, a consumer may recover their attorney’s fees and court costs if they win their case.
A local attorney in Pennsylvania would be able to advise a person as to how best to proceed.
What Are Some Examples of Defective Car Repairs?
Following are some of the defects that cars can have that need to be addressed if an owner discovers them:
- Airbags: There are several dangers associated with defective airbags. Airbags can deploy even when the car is not involved in an accident. They can deploy without warning while the driver is operating the car on the road. The risks of this are clear. The driver’s view of the roadway can be blocked with predictably disastrous consequences.
- A defective airbag can also deploy when an accident occurs with extreme force and causes injuries that the accident itself does not cause. In 2016, the NHTSA recalled cars equipped with Takata airbags. They were defective and exposed to high heat and humidity for long periods of time, and they exploded when they were deployed in a collision. The explosions caused injury to drivers and passengers and proved fatal in some cases. The manufacturers of cars equipped with Takata airbags provided repairs free of charge.
- Windshields and Windows: In a front-end collision, a vehicle’s windshield accounts for up to 45% of the structural integrity of the vehicle’s cabin. In a rollover, it accounts for 60%. In an accident, if a windshield or window collapses, the entire passenger compartment can fail with deadly consequences.
- Signs that a windshield may be defective are the fact that it is easily damaged, improperly sized or installed, or distorted. In addition to windshields, car windows can also present a danger to drivers. A car’s windows should close completely and not have any holes or cracks in them. They should also be able to open and close smoothly. If a car’s windows do not operate as they should, they should be fixed and possibly replaced.
- Headlights and Tail lights: Drivers depend on their headlights to see at night. For this reason, headlights should be in working condition at all times. When they are not, the lives of the driver, their passengers, and others on the road are at risk. Poor visibility means that drivers do not see hazards on the road, and this can lead to accidents.
- Cadillac was sued because the headlights in their cars only work at night in the high beam setting, which is treacherous for Cadillac owners and other drivers as well.
- Tail lights tell other drivers what a car is doing, e.g., stopping in front of them. If a car’s tail lights do not function properly, this creates the risk of collisions, e.g., rear-end accidents.
What Is the Difference Between a Defective Car Repair and a Defective Product Recall?
A person might have a car that they purchased within the past year or two that came with a defect even though it was new. Defects are generally categorized as one of three types: design defects, defects that arise during the manufacturing process, or warnings defects. If a person has a car with a defect such as one of these, the situation may be addressed by Pennsylvania’s Lemon Law or the NHTSA and its defective product recall program.
If the defect is the cause of an accident that leads to injuries and/or property damage, the victims may sue the manufacturer or dealer for strict product liability. In a strict product liability case, the victim does not have to prove that anyone was negligent in any way. They only need to prove that a product, in this case, their car, had a defect and that the defect was the direct cause of an accident in which they were injured.
A person may have a problem of a different sort. They may have a car that is not defective but has a problem that requires repair. This may be because the car was in an accident, or a part may have broken or malfunctioned because of wear and tear. Whatever the reason, the person may hire a mechanic to repair the issue.
If a car mechanic does an unprofessional job and fails to fix a person’s car, the owner has a defective car repair that has created a new problem rather than solving one. The person might first try to resolve the problem with the mechanic or repair shop.
If the person is unable to resolve the problem through negotiation, a person may sue a mechanic or repair shop for breach of contract or breach of warranty if a warranty was involved in the transaction with the mechanic or the shop. Another possibility is a lawsuit for fraudulent misrepresentation if the mechanic or shop promised to repair a person’s car but failed completely in that effort or did not provide any service at all as promised.
A Pennsylvania auto repair lawyer would be able to provide advice regarding how to deal with this problem. They can also advise you if you have questions about lemon laws.
What Should I Do Regarding a Defective Car Repair?
A person may sue a mechanic or any other auto repair facility in a Pennsylvania civil court after a car accident if they are able to prove that the mechanic’s faulty repair led to an accident that caused damage and injury. A person would allege negligence and seek compensatory damages. A local attorney in Pennsylvania would be able to help a person with a lawsuit at this time.
A person may sue a mechanic even if there is no accident for faulty or defective mechanical work. As noted above, if a mechanic provides defective mechanical work, a person might sue them for breach of contract or possibly breach of warranty if the owner has warranties that cover repairs to the car and the mechanic has provided the repair as fulfillment of a warranty. A lawyer for car issues would be able to analyze the facts and determine the best way forward.
Pennsylvania regulates auto repair shops. The regulations apply to the following entities:
- Any person engaged in the business of diagnosing or repairing cars with mechanical problems or other damage;
- Any person engaged in providing maintenance service to vehicles.
The regulations also cover auto body shops, retail outlets that offer automotive services and dealers who provide car repair and maintenance services.
Any person or business covered by the regulations must do the following when they provide repair or maintenance to a person’s car:
- Get the customer’s written or verbal authorization before charging for repairs;
- Get additional authorization from the car’s owner before performing repairs that exceed the dollar limit already communicated to the person;
- Tell the car’s owner whether the parts used in the vehicle are new, used, or reconditioned;
- Disclose all charges for estimates and storage before making the repair;
- Complete repairs within the time period agreed to or, if no time period has been mentioned, within 24 hours of delivery of the car by the owner;
- Tell car owners about their right to have any parts that are replaced given back to them after the repairs are made;
- Give customers a detailed invoice itemizing charges for parts and labor.
There are other requirements regarding invoices provided to customers as follows:
- The date repairs were completed;
- The name and address of the repair business and the customer;
- The date on which the car was delivered for service;
- The year, make, odometer reading, and registration number of the vehicle;
- An itemized list of the specific repairs or maintenance services performed on the car in question;
- A list of all parts supplied by the repair shop, including their name, number, and price; and
- The labor charge for the repair work, including the number of hours worked, the price charged for each hour, and the total amount.
Repair businesses that fail to do what the regulations require may be held accountable for their actions in court. Violations of the regulations may mean that the car owner collects damages of as much as three times the amount of their actual losses.
What Documentation Do I Need When Dealing with a Defective Car Repair?
It is always a good idea for a person to keep the sales contract for their car. If the manufacturer provided a warranty for the car as part of the sales transaction, a person wants to make sure they receive a copy of it and keep it. Or, a person may buy an after-market warranty to cover repairs to the car, and if they do, again, a person wants to make sure that they have a copy and keep it available for reference. Of course, a person wants to know where they can find the title and registration for their car.
If a person has received faulty car repair service from an auto mechanic or auto repair facility, they should keep all documents they have relating to the repair, e.g., job orders, invoices, receipts, and the like.
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.
Other options are 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 Pennsylvania?
The process for suing a mechanic in Pennsylvania 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.
Should I Talk to a Lawyer for Help with a Defective Car Repair Claim?
If you believe that you have a defective car, you may want to consult a Pennsylvania liability lawyer. Your lawyer will be able to analyze the facts of your situation and advise you regarding how to obtain the remedy you want. LegalMatch.com can connect you with a lawyer who is familiar with the options you have under Pennsylvania law and which would work best for you.
If you have been given shoddy repair work by an auto repair shop or auto mechanic, you want to consult a Pennsylvania defective car repair lawyer for guidance. LegalMatch.com can connect you to this type of lawyer as well.
