There are many things that individuals rely on their vehicles for every day. Car repairs can be costly, inconvenient, and take a long time to complete.
In most situations, cars are taken to automobile mechanics for repair, and the repairs are not completed properly. A defective car repair can cause more damage to the vehicle or even result in injuries to individuals in the vehicle.
A defective car repair can cause an individual’s vehicle to be unsafe to drive and may even cause automobile accidents. This can cause future repairs to be extremely difficult or impossible.
Being involved in a car accident after a defective car repair can cause even more issues for an individual, including medical costs and lost wages. If this has happened to an individual in Wisconsin, they should consult with a local attorney in Wisconsin.
What Are Some Examples of Defective Car Repairs?
It may be impossible to completely avoid defective car repairs, even for the most savvy shopper. There are steps that can be taken by consumers who are considering a repair before they take their vehicle to a shop or to a mechanic.
Vehicle mechanics have to meet industry standards when completing adjustments, repairs, or upgrades to a car. A prospective customer can research the mechanics or shops they may be interested in using to complete their needed repairs.
They can also go to the shop and request to see the licenses, certificates, and other types of operating certificates the business may have. This can help a consumer ensure that they will be using a qualified mechanic or shop with proper training and the capabilities to perform the repair properly.
Examples of what an individual may encounter as a defective car repair may include:
- Defective mechanic work;
- Leaking hoses or other replacement parts;
- Defective bodywork;
- Improper part replacement;
- Improper wiring jobs;
- Substandard cosmetic repairs, for example, on bumpers or fenders;
- Defective paint jobs.
What Is the Difference Between a Defective Car Repair and a Defective Product Recall?
Vehicle repairs that are considered defective are those that were not properly completed. Defective product recalls occur when there was a manufacturing defect with the car.
An automobile recall is usually issued if there is a flaw in the vehicle that creates a safety hazard that may result in the driver or passengers suffering injuries. Cosmetic issues on the vehicle are typically not reasons to issue a recall, as they do not affect the safety of the vehicle.
Issues with cars that may cause a recall to be issued may include, but may not be limited to:
- Defects in the brake pedal or the gas pedal, such as getting jammed or stuck;
- Steering mechanisms that are misaligned;
- A flaw in a system, such as:
- A defect in the vehicle’s safety equipment, for example, safety belts and airbags;
- Structural issues with the vehicle’s frame, the vehicle’s body, its transmission, or the engine assembly; and
- Electrical issues or computer issues, such as defective keyless fobs.
There are also safety standards provided by the federal government that outline the minimum performance requirements for parts that affect how the car operates, such as:
- Steering wheels;
- Tires;
- Lighting;
- Brakes;
- Other parts of the vehicle for the protection and safety of the driver and passengers.
Recalls can be issued if parts do not meet the minimum standards or if there is another safety-related defect. In addition, an auto repair lawyer can help a car owner determine if their vehicle is covered by the state’s lemon laws.
What Should I Do Regarding a Defective Car Repair?
If an individual believes they may have a defective car repair, they have a few options. They can contact the mechanic or the shop and see if they are willing to remedy the issue.
If they are not willing to remedy the issue or if the individual had a car accident because of the defective repair, it is important to consult with a lawyer for car issues. A lawyer can help determine if the repair was defective and what damages the individual may be able to recover.
In the majority of situations, mechanic work performed on a vehicle is based on a contract between the car owner and the mechanic or shop, which will outline the terms of the repair, such as payment, length of time, and other issues. If an individual does have a problem with their repair, they can review this contract as well.
What Can I Do if a Mechanic Damages My Car While It is Being Repaired?
If an individual’s car was damaged by a service shop or mechanic, they may be able to file a lawsuit to recover damages. If the mechanic or shop is covered by an insurance policy, the damages awarded or negotiated will likely be paid by that company.
As noted above, however, an individual can first try to resolve the issue with the mechanic or shop itself. Businesses are usually interested in happy customers and good reviews, so they will often repair issues they caused at no charge.
If the damage cannot be fixed or the shop or mechanic refuses, the individual can consider taking legal action. An automotive lawyer can evaluate the individual’s situation, whether they will be able to prevail in court and the damages they may be able to recover.
An attorney may also be able to communicate with the mechanic or shop in a different manner and convince them that it is in their best interests to fix the issues they caused. Even if a lawsuit has to be filed, the attorney will represent the customer during negotiations and see if the case can be settled before a trial.
What Documentation Do I Need When Dealing with a Defective Car Repair?
When dealing with a defective vehicle repair, there are many documents that an individual should keep or make sure they request, including:
- Repair receipts;
- Insurance documents;
- Purchase and repair warranties;
- Copies of written communications with the shop; and
- Copies of any other documents related to the repair.
How Do I Sue for Defective Car Repair Issues?
When an individual files a lawsuit for a defective car repair, it is usually based on negligence if the repair caused damage to the car or injured the individuals in the vehicle. Negligence is a legal theory that allows the customer to recover damages when another individual, such as a car mechanic, is careless based on the circumstances of the situation.
Examples of defective vehicle repairs that can result from negligence may include:
- Not performing the correct repair procedure;
- Installing an incorrect part;
- Failing to repair a damaged part;
- 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 automobile when performing the repair.
Should I Talk to a Lawyer for Help with a Defective Car Repair Claim?
If a defective car repair has been made on your car, it is important to consult with a Wisconsin liability lawyer as soon as you can after the issue arises. These types of cases may be complicated, especially in proving causation, and may involve multiple defendants.
Your attorney will review your issue and provide advice regarding how to proceed and request damages for your losses. Your attorney will file any necessary documents with the court and will represent you during any negotiations and in the courtroom.
The best way to ensure your rights are protected and you receive compensation for your losses is to have an attorney present your case. LegalMatch provides a database of member lawyers who are in your area and ready to start helping resolve your issue.
