Cars are a very important part of many people’s everyday lives. When they have to be repaired, it may be very inconvenient as well as expensive.
It is common for car owners to take their vehicles to automobile mechanics for repair. In some situations, they will receive their car back with a defective car repair. This can cause even more damage to their car or even result in automobile accidents or injuries while driving. These issues can cause it to be very difficult or even impossible to complete repairs on the vehicle in the future.
In addition to this, if someone has a car accident as a result of a defective car repair, they can suffer additional losses, such as medical costs and lost wages from missing days at work. If someone has a defective car repair situation in Utah, they should consult with a local attorney in Utah.
What Are Some Examples of Defective Car Repairs?
Even the most savvy of consumers may not be able to totally avoid a defective car repair. There are, however, certain steps that consumers can take to protect themselves before taking their car to a mechanic or shop for a repair.
Car mechanics are required to follow the standards of the industry when they repair, adjust, or upgrade a vehicle. Consumers can conduct research on the shop or mechanic that they are considering using to complete work on their vehicle.
Consumers may also visit the shop they are considering and ask to see its licenses, certificates, and other types of operating certificates. These steps will help ensure that a qualified mechanic or shop that has the proper training will be performing the work on their car.
There are many different examples of what may be considered a defective car repair, such as:
- Defective paint jobs;
- Leaking hoses or other replacement parts;
- Defective bodywork;
- Improper part replacement;
- Improper wiring jobs;
- Defective mechanic work;
- Substandard cosmetic repairs.
What Is the Difference Between a Defective Car Repair and a Defective Product Recall?
A defective car repair is a repair that was not fully or properly completed. A defective automobile product recall will be issued in situations where there was a manufacturing defect with a vehicle.
A car recall will typically be issued when there is a flaw in a car that causes a safety hazard that can result in injuries to drivers or passengers. A cosmetic issue, such as a misplaced decal, will typically not be a reason to issue a recall because it does not affect the safety of operating the car.
There are certain issues that can cause a car recall, including, but not limited to:
- A flaw in a system, such as:
- A defect with a brake pedal or the gas pedal, such as getting stuck or jammed;
- A misaligned steering mechanism;
- A defect in the vehicle’s safety equipment, for example:
- Safety belts;
- Airbags;
- Backup camera;
- A structural issue in the frame of the car, the body of the car, the transmission, or the engine assembly; and
- Electrical issues or computer issues, such as keyless fobs that are defective.
The United States federal government also provides minimum performance requirements for parts, which affect how vehicles operate under its safety standards. The parts that are covered by these requirements include the vehicle’s:
- Steering wheel;
- Tires;
- Lighting;
- Brakes;
- Other components installed for the protection and safety of the driver and passengers.
If the parts of a vehicle do not meet these minimum safety standards or if there is another type of safety-related defect in the vehicle, a recall may be issued. An individual might have attempted to have their vehicle fixed multiple times without success. If this is the case, they should consult with an auto repair lawyer to determine if their issue is covered under the state’s lemon laws.
What Should I Do Regarding a Defective Car Repair?
If an individual’s car has been defectively repaired, they do have a few options for handling the issue. They can first reach out to the mechanic or repair shop and ask if they would be willing to fix the problem.
The mechanic or shop may not be willing to fix the issue. If not, an individual should meet with a lawyer for car issues who can help them determine if the repair was done in a defective manner and what damages they may be able to recover. Typically, mechanics and shops will stand behind their work and will want to fix any issues to maintain their reputation and customer satisfaction.
Work performed on cars is often based on a contract between the owner of the car and the shop or mechanic. This contract will cover the repair being completed, the terms of payment, the expected time it will take to complete the repair, and any other important terms related to the work being done.
If there is an issue with a repair, an individual should also refer to this contract. An individual’s attorney can reach out to the mechanic or shop and advise them that, if they are willing to fix the issue, their client will not take legal action.
The possibility of facing legal action will cause most businesses to take steps to avoid going to court.
What Documentation Do I Need When Dealing with a Defective Car Repair?
There are many documents that an individual should keep any time they have their vehicle worked on, including:
- Repair receipts
- Insurance documents
- Purchase and repair warranties
There are also other types of documentation that may be helpful in the event of a defective repair, including:
- Copies of written communications with the mechanic or shop;
- Copies of any other documents related to the work that was done.
How Do I Sue for Defective Car Repair Issues?
If an individual files a claim based on a defective car repair, it will usually be based on the legal theory of negligence if the repair caused damage to the vehicle or caused injury to individuals in the vehicle. The theory of negligence allows the car owner to obtain compensation when the mechanic is careless based on the situation.
Defective vehicle repairs resulting from negligence may include:
- Failing to repair a damaged part;
- Installing an incorrect part;
- Not performing the correct repair procedure;
- Failing to identify a repair that is necessary that a mechanic who was performing the work with a reasonable standard of care would have been aware of;
- Causing damage to the car when performing the repair.
In order to sue for a defective car repair issue, an individual should consult with a lawyer to ensure their claim is properly filed.
Should I Talk to a Lawyer for Help with a Defective Car Repair Claim?
If you have received a defective repair on your car, it is important to reach out to a Utah liability lawyer as soon as you can after you find the issue. Your lawyer will advise you on the steps you can take to resolve your issue, can contact the shop on your behalf, and, if necessary, will file your lawsuit in court.
These types of cases can be complicated to prove, as you have to show the mechanic was the cause of your issues, and may also involve more than one defendant, such as the mechanic and the shop itself. Having an attorney help with your issue will help ensure that your rights are protected and that you receive compensation for your losses.
