A defective car repair may refer to a variety of different situations in Vermont. First, it simply refers to a repair that was made by a mechanic or automobile repair shop that was completed improperly, incorrectly, or resulted in a dangerous defect.
However, the term may also refer to an attempt to repair an issue that ends with the issue remaining unfixed. Defective car repairs may also simply refer to multiple attempts to repair the same issue on a vehicle.
No matter what the term refers to, if a repair is not properly completed on a vehicle, further operation of the vehicle may result in additional mechanical issues. Additionally, driving a vehicle with defective mechanic work may also lead to injuries to the vehicle driver, their passengers, or other drivers on the road.
Importantly, if a person in Vermont is physically injured as a result of a defective car repair, that person will have a legal right to sue the party responsible for their damages. For instance, if the defective car repair resulted in the car breaking down on the highway, which in turn led to a crash, then the shop or mechanic may be on the hook for the owner’s property damage and medical bills resulting from the crash. In general, these cases will involve the injured party filing a personal injury lawsuit based on the legal theory of negligence.
In Vermont, there are also several laws that address defective car repairs and provide protections to consumers in the state. For instance, The Vermont Lemon Law is a state law that covers both new and used vehicles purchased in the state.
Vermont Lemon Law:
- The Vermont Lemon Law applies to both new and used vehicles.
- For new vehicles, the law comes into play if:
- The vehicle has been out of service for a total of 30 days or longer due to the same defect.
- Three or more repair attempts have been made to fix the issue.
- The defect occurs within one year of purchasing the vehicle or during the warranty period.
- For used vehicles, the criteria are similar:
- The vehicle must be within its dealer warranty period.
- It has undergone three or more repair attempts for the same defect.
- It has been out of service for 15 days or more due to the defect.
- The Vermont Department of Motor Vehicles enforces the Lemon Law.
- If your vehicle qualifies as a lemon, the manufacturer must either provide a refund or a replacement vehicle.
In Vermont, if you have a new vehicle that has been out of service for a total of 30 days or longer due to the same defect or three or more repair attempts have been made to fix the issue without success, then that vehicle may be considered a lemon.
Likewise, if you have a used vehicle and the vehicle has undergone three or more repair attempts for the same defect or has been out of service for 15 days or more due to the defect, then that vehicle may also be considered a lemon.
Specifically, the Vermont Department of Motor Vehicles is the state agency that enforces the Lemon Law. As such, if your vehicle qualifies as a lemon, the Department of Motor Vehicles requires that the manufacturer or dealership either provide a comparable replacement vehicle or a refund.
Lastly, there are also other consumer protection laws in the state that touch on defective car repairs. For example, The Vermont Deceptive Trade Practices Act under Chapter 63 of Title 9: Commerce and Trade is a law that aims to safeguard consumers by prohibiting unfair or deceptive acts or practices in commerce within the state.
In other words, the law holds mechanics or repair shops liable if they use any “unfair, false, misleading, or deceptive acts or practices” during the sale or repair of a vehicle within the state.
What Are Some Examples of Defective Car Repairs?
As noted above, there are many different examples of what is considered a defective car repair in Vermont. Examples of common defective car repairs include:
- A repair attempt that involves faulty mechanical work resulting in further mechanical issues with the vehicle or the same issue remaining unfixed;
- A repair attempt that involves the improper replacement of parts, such as using cheap after-market that fail or incorrect parts altogether;
- A repair attempt that involves defective body repair work that results in further necessary body repairs or mechanical errors;
- A repair attempt that involves fixing wiring that results in an onboard computer failure or other electronic errors due to the improper repair.
Notably, automobile repair shops and mechanics in Vermont are held to specific industry standards regarding any repairs that are made to vehicles. Vermont’s lemon laws mentioned above are one such set of industry-specific laws that help protect consumers. Your local jurisdiction may have even more protections available to you.
What Is the Difference Between a Defective Car Repair and a Defective Product Recall?
Defective car repairs and defective product recalls are not the same. Defective repairs are repairs performed by a mechanic or auto repair shop that result in the problem persisting or worsening. In contrast, a defective product recall concerns a defect that is the result of the vehicle’s manufacturer rather than an action performed by someone outside the vehicle’s manufacturer.
When a product recall occurs all automobile consumers will be notified promptly about dangerous defects that may be present in their vehicles. Then all of the vehicle owners will be given the opportunity to get necessary repairs performed at no cost to them at an authorized repair facility. If repairing the defect is not possible, then the vehicle owner must receive just compensation.
What Should I Do Regarding a Defective Car Repair?
The first step you should take regarding a defective car repair should always be to contact the person or repair facility that previously made the repair attempt(s). The shop or mechanic may be able to provide you with a prompt remedy to your issues. In other words, they should be given an opportunity to fix their mistakes at their own cost.
If the mechanic or auto repair shop is unable to properly fix your problem, then you can enlist the aid of an auto repair lawyer to speak with you regarding the possibility of a civil lawsuit. An attorney is especially necessary if you or the passengers in your vehicle were injured as a result of the defective car repair.
A lawyer for car issues will be able to help you determine your best course of legal action, such as initiating a civil lawsuit or contacting the Department of Motor Vehicles in the state. An attorney can also help you determine who you may hold responsible for your injuries and what damages may be available in your case.
What Documentation Do I Need When Dealing with a Defective Car Repair?
Keeping thorough records of your vehicle’s service history and correspondence with the manufacturer or authorized dealer is important in strengthening your case if a lawsuit is needed.
In general, most mechanic work in Vermont will be performed under some sort of services contract that authorizes the repair work.
The service contract will typically be executed between the consumer and the repair shop or mechanic and will include an outline regarding the repair work to be performed and the total cost of repairs. As such, it is important to use evidence to show repair attempts that have been made and help prove damages.
Examples of other documentation that you should always keep in relation to a defective car repair include:
- Any and all payment receipts, which generally will include the date that services were performed;
- Any purchase or repair warranties that were provided by the repair facility or shop;
- Insurance documents that indicate any payments made by your insurance or authorizations provided by your insurance company for the repair of your vehicle;
- Copies of any other communications between you and the shop or repair facility;
- Copies of any other documents relating to the repair, such as a list of parts used, a document outlining labor performed, or warranties regarding the repairs.
How Do I Sue for Defective Car Repair Issues?
In order to sue for a defective car repair issue in Vermont, you will need to understand legal theory, case law, and the Vermont laws on civil procedure. A local attorney in Vermont will be familiar with this entire civil process and will be able to provide you with guidance and assistance in a consultation.
In general, the process for suing for a defective car repair is to first draft and file a civil lawsuit naming the party responsible for your damages. You will then be required to serve your lawsuit on the party you named in your lawsuit and allow them a period of time to respond to your lawsuit. Settlement negotiations with the party or their insurance company will generally happen at this point. Then, if the case does not settle, it will proceed to trial.
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 Vermont liability lawyer. As mentioned above, an experienced liability lawyer will be able to help you determine your best course of legal action and answer any questions you may have.
Further, an attorney will also be able to help you gather evidence, draft your civil complaint, and file your lawsuit in the appropriate venue. They will also be familiar with Vermont’s laws on civil procedure and can ensure that you are able to prove each and every element of your lawsuit. Finally, an attorney will also be able to represent your interests in court if your case is not resolved prior to trial.
