Most people rely on their vehicles to complete tasks in their everyday lives. Having a car repaired can be inconvenient and expensive.
Individuals will typically take their vehicle to an automobile mechanic for repair. Sometimes, an individual will receive their car back without proper repairs.
A defective car repair happens, and then a repair is poorly performed or has a dangerous result. If a repair is not completed properly, it may result in further damages to the vehicle and injuries to passengers.
A defective car repair may make a car unsafe to operate. Vehicles that are not safe to drive as a result of an improper repair may cause additional damage to the vehicle which can make it difficult or even impossible to make future repairs.
Defective repairs can create risks for all individuals in the vehicle, other motorists, and can cause an automobile accident. If a car accident resulted from a defective repair, there may be other issues an individual has, such as medical bills from injuries and lost wages from missing work.
If an individual has received a vehicle back with a defective car repair, especially if an automobile accident occurred, it is important to consult with a local attorney in Virginia. An auto repair lawyer can evaluate the issue and determine what remedies may be available.
What Are Some Examples of Defective Car Repairs?
Defective car repairs can come in many different forms, including, but not limited to:
- Defective mechanic work;
- Leaking hoses or other replacement parts;
- Improper wiring jobs;
- Improper part replacement;
- Defective bodywork;
- Substandard repairs of vehicle cosmetic issues, for example, on a bumper or a fender;
- Defective paint jobs.
Although totally avoiding defective repairs may be impossible, an individual can take steps to protect themselves when they are considering a mechanic or shop. There are certain industry standards mechanics have to follow when making any adjustments, repairs, or upgrades to a car.
It is important to conduct research on the mechanic or shop that will be used for the repair by requesting to view the shop’s certificates, licenses, or any other operating certificates. This can help an individual make sure they are using a qualified mechanic who will properly repair their vehicle.
What Is the Difference Between a Defective Car Repair and a Defective Product Recall?
Defective vehicle repairs and defective product recalls are different issues. Defective vehicle repairs occur when the repair is not properly completed.
Defective product recalls result from manufacturing defects in a vehicle. An automobile recall typically stems from a flaw in the vehicle that creates a safety hazard and may result in injuries to the drivers or vehicles of that type of vehicle.
Issues that cause a vehicle recall may include, but are not limited to:
- Defects in the safety equipment, which includes safety belts and airbags;
- Misaligned steering mechanisms;
- Flaws in the exhaust, fuel, or cooling systems;
- A defect in the gas pedals or brakes, for example, if they get stuck or jammed;
- Structural issues with the transmission, the frame of the vehicle, the body, or the engine assembly;
- An electrical or computer issue, for example, defective keyless fobs.
There are safety standards provided by the federal government that set the minimum performance requirements for parts of vehicles that affect how they operate, including:
- Tires;
- Lighting;
- Steering wheels;
- Brakes;
- Other components that are in the vehicle for the protection and safety of the driver and passengers.
Recalls may be issued if parts do not comply with federal standards or if there is a safety-related defect in the equipment in the vehicle. Defective vehicles may also be covered by the state’s lemon laws.
What Should I Do Regarding a Defective Car Repair?
Car repair fraud is one very common consumer complaint. A lawyer for car issues may help a consumer determine whether they have received a defective car repair and what they may be able to recover as a result.
Mechanical repairs on vehicles are usually done based on a contract between the customer and the mechanic. This type of mechanic contract will usually outline:
- The terms of payment;
- The length of time the repair should take;
- Any other important issues related to vehicle repair.
If an individual has an issue with their repair, the first step they should take is to review this contract.
What Documentation Do I Need When Dealing with a Defective Car Repair?
If an individual is having their vehicle repaired, there are certain documents they should keep as records in case of a defective repair issue, including:
- Insurance documents;
- Purchase and repair warranties;
- Repair receipts;
- Copies of any written communications the customer had with the shop; and
- Copies of any other documents related to the vehicle repair.
How Do I Sue for Defective Car Repair Issues?
Lawsuits for defective car repairs are usually based on negligence, which allows the customer to recover damages if the mechanic is careless based on the circumstances of the situation. There are numerous examples of individuals who may be named in a defective repair lawsuit, such as:
- The owner of the repair shop;
- The shop mechanic;
- The vehicle manufacturer, especially when a company mechanic worked under a warranty agreement.
Examples of faulty repair issues that may result from the negligence of a mechanic may include, but are not limited to:
- Failing to completely repair damaged parts;
- Failing to perform the correct repair procedure;
- Installing the wrong parts;
- Failing to identify repairs that are necessary that a mechanic who was acting with a reasonable standard of care would have recognized;
- Causing damage to one or more of the vehicle’s parts while performing repairs.
What Are Some Tips to Pursue in This Type of Lawsuit?
There are some tips an individual can follow to help prevent car repair issues. If you do perceive there may be an issue or have a concern, it may be helpful to contact the owner or manager of the shop, as they will likely be interested in resolving any issues to preserve their positive reputation as a business.
There are also consumer protection agencies in every state that can help an individual contact a legal professional who can work with the customer and the shop. The majority of shops are aware that legal claims are expensive and, therefore, will do their best to cooperate with the agency and investigate and resolve any issues.
One major hurdle in these types of cases is proving causation. This is because it may be difficult to show that the actions of the mechanic were the result of the issue or accident.
The plaintiff will have the burden of showing that the automobile mechanic caused the damage to the vehicle. This is why it is so important to have a lawyer handle the case, as they will know how to present the best evidence of causation.
If an individual has a claim that is a smaller amount, usually $5,000 or less, they may be able to file their claim in small claims court. An attorney can advise an individual regarding the best course of action for them based on their issue and budget.
Should I Talk to a Lawyer for Help with a Defective Car Repair Claim?
If your car has received a defective repair, it may be helpful to consult with a Virginia liability lawyer. Cases that are based on a defective vehicle repair can be complex and may involve multiple defendants, or parties being sued.
Your attorney will review the facts and circumstances of your case and advise you on the best way to obtain compensation for your losses. If you are negotiating with the defense or have to appear in court, your lawyer will be present to represent you.
An attorney handling your case will help you ensure that you receive the proper compensation for the losses you suffered related to the defective repair on your vehicle. LegalMatch can connect you with the right liability lawyer to assist you with your needs.
