In the state of Rhode Island, the term “defective car repairs” typically refers to situations in which a vehicle has undergone multiple repair attempts for the same issue, but the vehicle issue still remains. In other words, defective car repairs refer to a repair that was made either incorrectly or improperly or results in a dangerous defect still being present in the vehicle.
It is important to note that if a repair is not properly completed on a vehicle, that failure can result in further damages to the vehicle if the vehicle is driven further. Additionally, injuries to the driver, their passengers, or other drivers on the road may also occur due to the defective repair. In other words, defective mechanic work can ultimately render a vehicle completely unsafe to drive.
If the defective car repairs lead to a person being physically injured in Rhode Island, then the party that is injured has a legal right to sue the party responsible for their injuries. In general this lawsuit is based on the legal theory of negligence.
In Rhode Island, there are several laws that address defective car repairs and protect consumers when vehicle repairs are performed. First, the Rhode Island Lemon Law is a law that provides protections to motor vehicles, including any automobiles, trucks, motorcycles, and vans with a gross vehicle weight of less than 10,000 pounds.
If you have a new vehicle that has been serviced four times for the same defect or been out of service for more than 30 days due to repair of a defect, then that vehicle may be considered a lemon.
If you have a used vehicle that has been serviced three times for the same defect or has been out of service for 15 days within the dealer warranty period, then that vehicle may also be considered a lemon.
If your vehicle is considered a lemon, then the manufacturer or dealership may have to refund you the purchase price of the vehicle or provide you with a comparable vehicle at no cost to you.
Specifically, the Motor Vehicle Arbitration Board within the Office of the Attorney General in Rhode Island is the entity that enforces the Lemon Law for new vehicles. Likewise, the “BBB AUTO LINE” program also handles complaints about new vehicle Lemon Law. For used vehicles, an attorney is often necessary to negotiate and deal with the dealership.
Lastly, the Rhode Island Deceptive Trade Practices Act is another law that addresses unfair and deceptive practices in trade and commerce within Rhode Island. This law serves to ensure that all repairs, modifications, and sales of vehicles within the state are completely transparent and in accordance with the laws of the state.
What Are Some Examples of Defective Car Repairs?
There are numerous examples of what may be considered a defective car repair in Rhode Island. Examples of common defective car repairs include:
- Faulty mechanical work which results in further mechanical issues with the vehicle or the same issue persisting;
- Improper replacement of parts, such as using cheap after-market or rebuilt parts that fail;
- Defective body repair work that has to be continuously repaired;
- Improper wiring that results in a computer failure or other electronic error.
Once again, automobile repair shops and mechanics in the state are held to specific industry standards regarding any repairs, upgrades, or adjustments made to vehicles. As mentioned above, Rhode Island’s lemon laws are one such set of laws that help consumers who experience issues with the purchase or lease of a new or used motor vehicle in the state.
What Is the Difference Between a Defective Car Repair and a Defective Product Recall?
Defective car repairs are simply repairs that have not actually been completely repaired by a mechanic or auto repair shop, resulting in the problem persisting. In contrast, a defective product recall is different as it concerns a defect that is the result of the vehicle’s manufacturer instead of a repair person.
A product recall notifies all automobile consumers about dangerous defects that may be present in their vehicles. As such, if you receive a product recall notice, you should immediately take action and schedule the repair that is listed in the notice. Importantly, this repair should be performed at no cost to you.
What Should I Do Regarding a Defective Car Repair?
If you are experiencing issues with a defective car repair, or multiple repair attempts being made concerning the same issue, your first step should always be to attempt a resolution with the person or shop making the repairs. The shop or mechanic may be able to provide a remedy to your issue.
If the mechanic or auto repair shop cannot provide you with an adequate remedy, then an auto repair lawyer can help you from there. An attorney is especially necessary if you or passengers in your vehicle were injured as a result of the defective car repair. In cases where a personal injury has occurred, you may file a lawsuit in order to recover damages for such negligent, defective car repairs.
A lawyer for car issues will be able to help you review the specific facts and circumstances of your case. They can also help you determine who may be held responsible and what damages may be available in your case.
What Documentation Do I Need When Dealing with a Defective Car Repair?
In general, most mechanic work in Rhode Island will be performed under some form of a written agreement that authorizes the repair work. This written agreement will typically be executed between the consumer and the repair shop or mechanic. This agreement is often the most important piece of documentation that you need when dealing with a defective car repair.
Maintaining proper documentation is important in being successful in resolving issues that involve a defective car repair. Documentation is important as it will be used as evidence to support your claim if a lawsuit is necessary.
Examples of documentation that you should always keep in relation to a defective car repair include:
- Any and all receipts that outline payments requested and made;
- Any purchase or repair warranties that were provided by or communicated by the repair person or shop;
- Any insurance documents that outline insurance payments made or authorizations made by the insurance company for the repairs;
- Copies of any communications between you and the shop or repair person, such as quotes for the total cost of repairs or conversations related to the work that was performed;
- Copies of any other documents or legal instruments relating to the repair, such as parts used, labor performed, or contracts executed.
How Do I Sue for Defective Car Repair Issues?
In order to sue for a defective car repair issue in Rhode Island, you must first identify the legal theory that you will base your civil lawsuit on. Once again, this is generally either negligence, strict liability, or a theory based on contract law.
After you identify your legal theory, you must then draft your civil lawsuit, which outlines your legal claims and identifies the party responsible for your damages. Then, you must file it in the proper venue.
Once your lawsuit has been filed, you must then serve the lawsuit on the party you named within the lawsuit. From there, the opposing party will have a period of time to answer your civil lawsuit and file a defense. Settlement negotiations often occur at this stage in the civil process.
After a period of time has passed for the opposing party to respond, your lawsuit will continue based on the civil laws and procedures in Rhode Island. A local attorney in Rhode Island will be familiar with this entire civil process and will be able to provide you with guidance and assistance.
Should I Talk to a Lawyer for Help with a Defective Car Repair Claim?
If you are experiencing issues related to a defective car repair, it may be in your best interests to consult with an experienced Rhode Island liability lawyer. An experienced liability lawyer will be able to help figure out what is in your best interests regarding dealing with the defective car repair issues you are experiencing.
An attorney will be able to help you gather evidence, draft your civil complaint, and file it in the appropriate venue. Additionally, an attorney will also be familiar with the proper civil process for moving forward with your lawsuit. Finally, an attorney will also be able to represent your interests in court, as needed.
