If a person discovers that their new car, registered in South Carolina, has a defect, they may turn to South Carolina’s lemon law for a solution. Most states have lemon laws that apply to new cars. In some states, they may apply to used cars as well, but that is not the case in South Carolina.
However, if, within the first 12 months of ownership or 12,000 miles of operation of a new car, a person finds out that their new vehicle is not in the condition it should be per all of the applicable express warranties, they should report the problem to the manufacturer. They would want to do this while the express warranties are in effect. The manufacturer is legally obligated to repair the vehicle, so it conforms to the warranties. It should do this free of charge to the owner.
The manufacturer may fail to repair the vehicle so that it conforms to any express warranty that applies after making a reasonable number of tries. In that case, the manufacturer must then either replace the vehicle or refund its full purchase price. It is the manufacturer’s choice whether to provide a refund or a replacement. A refund would be reduced by a “reasonable allowance” for the buyer’s use of the vehicle prior to the date when they reported the problem.
What Are Some Examples of Defective Car Repairs?
Any repair of any part of a car can be subpar or defective and fail to fix the part it was supposed to fix. Common repairs that people may need because parts break due to wear and tear are the replacement of belts, e.g., the fan belt or the replacement of a starter. If the work is not done properly, it would be a defective car repair.
In legal terminology, a defect is essentially a flaw that is built into a product, including a motor vehicle, when it is designed or manufactured. Some of the types of defects that can affect a vehicle’s safety are as follows:
- Steering System: The parts of the steering system can break unexpectedly. This can lead to partial or complete loss of control by the driver with predictably negative consequences;
- Fuel System: Parts of the fuel system may fail, and this can prove dangerous, especially in a crash;
- Accelerator: An accelerator that malfunctions can also lead to loss of control by the driver, and this, in turn, can lead to an accident;
- Wheels: Wheels can shatter, and this too can lead to a loss of control;
- Windshield Wipers: Few people consider what can happen if their windshield wipers fail, but if this happens in a storm, the driver can end up driving blind, and this can lead to an accident.
A local attorney in South Carolina would be able to advise you as to what to do about defects such as these.
What Is the Difference Between a Defective Car Repair and a Defective Product Recall?
Again, as noted above, a defective car repair is a repair attempt made by a mechanic or auto repair shop that does not successfully fix the problem. It may also be referred to as defective mechanic work.
A defective product recall originates with 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 is authorized by law to issue a recall. If a car is recalled because of a defect, the manufacturer is then obligated 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 South Carolina’s lemon law and the NHTSA and its recall program.
In one recall, the NHTSA recalled more than 67 million cars from more than 20 manufacturers because they all had airbags made by the Takata company. When the airbags are deployed by an accident, they can explode. On some occasions, the results have been fatal. Manufacturers whose cars contain Takata airbags have had to replace the defective airbags free of charge to the owner of the vehicle.
What Should I Do Regarding a Defective Car Repair?
An accident could be directly caused by the inadequate repair of a vehicle. In that case, the owner who suffers injury or damage might consider a lawsuit against the mechanic or repair facility for negligence. They would be able to recover compensatory damages to cover their economic and non-economic losses.
If a faulty repair job does not lead to an accident, the vehicle owner would be able to sue for breach of contract, because a person has a contract with a repair facility or mechanic and if the facility or mechanic fails to perform the repair as promised, then they have breached the contract.
If the owner has a warranty that applies to the vehicle, it might offer protection. If the type of repair is covered by the warranty, the issuer of the warranty, which might be the manufacturer of the vehicle, can look to the issuer to cover the cost. If the issuer of the warranty should refuse to cover the cost of a repair covered by their warranty, the vehicle owner could sue for breach of warranty.
Of course, lawsuits are expensive, so a person might first want to try to negotiate a resolution with the mechanic or a repair facility. A person might file a consumer complaint with the South Carolina Department of Consumer Affairs. However, if these steps do not lead to relief and the cost of the repair is significant, a person may have to turn to a lawsuit. A South Carolina auto repair lawyer would be able to help.
What Documentation Do I Need When Dealing with a Defective Car Repair?
A person should keep every document they receive when they buy a new or used car. They want to keep the sales contract. If the manufacturer offers a new car warranty, the buyer wants to make sure they receive a full copy of it. If the buyer purchases a separate warranty, they want to be sure to keep a copy for their records. Of course, a person should know where the title and registration for their car can be found, as well as a copy of their car insurance policy.
If a person takes their car to a mechanic or auto repair facility, they want to keep every piece of paper related to the repair job. They should ask for a written estimate and an itemized invoice when the job is complete. They want to get a receipt when they pay for the work.
A person wants to make a record of every time that they take their vehicle, whether it is new or old, for repair or routine maintenance. A person also wants to stay up-to-date with all recommended maintenance of their vehicle.
How Do I Sue for Defective Car Repair Issues?
If a person has a problem with a used vehicle they bought, they may file a complaint with the South Carolina Department of Consumer Affairs. As for a new car with a defect, the manufacturer has 10 business days to provide the owner with a repair facility where they can take their vehicle for a last repair attempt at no cost. The manufacturer then has up to 10 business days to fix the vehicle. If the manufacturer cannot fix the car, the owner should notify the manufacturer that the attempt has not been successful.
If the manufacturer has not done so already, it should notify the owner of its informal dispute resolution procedure. If it does not have one, the owner may file a lawsuit in a civil court.
If the manufacturer does have an informal dispute resolution procedure, the owner must participate in it before filing a lawsuit in court. If the owner is successful in the resolution process, the manufacturer must either replace the vehicle with a new vehicle or refund the purchase price, less a reasonable allowance for the owner’s use.
After the dispute resolution process has come to an end, if the owner is still not happy, they may file an action in court.
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 South Carolina’s Lemon Law or the NHTSA and its defective product recall program as described above.
Unfortunately, sometimes, an inherent defect in a new car is only revealed when the defect causes an accident. If people suffer injury and/or property damage, the victims may sue the manufacturer or dealer for strict product liability.
The advantage of a strict product liability lawsuit is that the victim does not have to prove that anyone was negligent in any way. They do have to prove that the 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.
Can You Sue a Mechanic in South Carolina?
The process for suing a mechanic in South Carolina is essentially the same legal process as that for filing a lawsuit against an auto repair shop in that state. A person has the same options they have if they wish to file a lawsuit against an auto repair shop. A lawyer for car issues should be able to present options for dealing with a mechanic.
Should I Talk to a Lawyer for Help with a Defective Car Repair Claim?
If you have bought a new car that has a defect, you want to consult a South Carolina liability lawyer. LegalMatch.com can put you in touch with a lawyer who can guide you through the lemon law process or any other legal procedure that is necessary in your case. Or, if you have had your car repaired, but the repair was unsuccessful, you also want to talk to a liability lawyer. Especially, if a subpar repair job or an inherent defect caused an accident, you want to reach out to a liability lawyer today.
