Getting involved in any lawsuit relating to your car mechanics can be frustrating. Generally, motor vehicle repairs are inconvenient and require some work. However, it is crucial to understand the problem and resolve it quickly. This can help prevent car accidents that can lead to serious injuries.
Below is a brief discussion of the various issues that may arise in a motor vehicle mechanic lawsuit. Some parts can be defective, and they will require maintenance immediately. Understanding them and familiarizing yourself with the scenarios can better equip you in your case.
One of the most common scenarios that may occur is incorrect repairs. You may go see a mechanic due to an issue with your car. A defect was found, and you wanted it to be fixed. But even though the mechanic claimed that it was fixed, it was not completed accurately.
Some negligence occurred on the part of the mechanic, and they failed to fix the problem, which later resulted in a car accident. Therefore, creating a dangerous hazard for you and other drivers on the road.
Another problem that may occur is a bad estimate. States nationwide have in place consumer laws that mandate transparency on the details of the repairs before they are completed. The auto repair shops have the legal obligation to disclose the details of the repair before they are done. They must also provide an honest and accurate quote for the necessary costs.
Additionally, the issue of breach of warranty may arise. All new and used cars have warranties attached to them. This warranty states what repairs are covered under it. It further specifies the duration and specifies the utilization of it. If the mechanics fail to abide by or honor the warranty, either to repair the car or to cover the cost, you have the legal right to sue.
Moreover, if you suspect that fraud has occurred in your service, you need to report it. If you notice that your mechanic charged you for service or parts they did not provide, you may be able to sue for damages.
Lastly, suppose you suspect any illegal use of a mechanic’s lien. In that case, it further encompasses plumbers, painters, carpenters, construction contractors, subcontractors, or anyone who provides a service that improves a customer’s property. If you think this has been filed against you illegally, you have a legal right to sue.
What Are Examples of Defective Car Repairs?
What is considered to be a defective car repair will depend on the facts and circumstances of the situation as well as the make and model of the vehicle involved. Common examples of what may be considered defective car repairs include:
- Improper wiring jobs
- Faulty mechanical work
- Leaking hose or other replacement part
- Defective body work
- Improper part replacement
- Defective paint jobs
- Repairs of cosmetic issues that are substandard, such as on a fender or bumper
It may not be possible to totally avoid ever having a defective car repair. There are, however, several steps an individual can take to help do their best to avoid them. Mechanics who work on cars are held to certain specific industry standards when making any adjustments, repairs, or upgrades to any vehicle.
Many defective car repairs are the result of negligent work that is done by a mechanic, such as:
- Installing the wrong part or parts
- Not performing the right repair procedure
- Not completely repairing the parts that are damaged
- Not identifying repairs that were needed that a similarly situated mechanic acting with a reasonable standard of care would have noticed
- Damaging one or more parts of the vehicle while performing the repair
Researching the repair shop or mechanic before taking a vehicle to them is an important step, especially if the shop or mechanic is unfamiliar. Potential customers can also ask supervisors and employees to see the business’ certificates and licenses.
In many places, the certifications and licenses will be displayed inside the waiting room or shop. When a potential customer verifies these documents before using the shop for their repair, they can help make sure that they are using a qualified mechanic who is properly trained and capable of making proper repairs on their vehicle.
What Are Some Tips to Pursue in This Type of Lawsuit?
Reach out to the shop manager
Some basic things to keep in mind regarding the mechanic work can help prevent future issues. For instance, understanding who the point of contact should be. In some cases, the manager will care more about the quality of the work than the general employees.
Therefore, reaching out to the owner or the manager first can help you resolve the issue more efficiently. Remember that the auto repair has a reputation, and they want to continue to serve your interests for their business purposes.
Contact consumer protection agencies
Moreover, every state has a consumer protection agency, which can assist you in getting in touch with a legal expert that can work with you and the auto repair shop. Most shops will understand the pressing issue that the legal claim may lead to and the expense.
Therefore, it is in their interest to cooperate with the agency and investigate further for the sake of both parties. Although, if there is resistance of some sort and the auto repair shop is not cooperating, utilizing the court system will be a viable solution.
Select a lawyer who fits your needs
In addition, selecting the right lawyer is not an easy task. It depends on your situation and the type of claim you filed.
A legal professional in the area will be most useful in terms of experience and to help you understand how to proceed further in your case. These types of cases are usually handled by lawyers who handle liability cases, defective product cases, or defective services cases.
Determine the type of claim that can be made
One type of claim that may be available based on your circumstances is a breach of contract. If the mechanic contracted to perform the work for you skillfully and failed to do so, then you have the grounds to sue.
Although, if the service had been provided as part of a warranty on the vehicle, you may have a breach of warranty case. However, an issue can arise regarding the transmission work because the mechanic may not have breached his duty if he performed the other work properly.
Furthermore, negligence is considered another type of action to base the lawsuit on. This legal theory implies that the mechanic owed you a duty to repair your vehicle properly and that by messing up the transmission, he breached the duty. The other elements that you have to prove are causation and damages. If you have more questions on this, you can reach out to a legal professional.
One of the major hurdles in these cases is proving causation. Although your theory will rely on the damages to your car, providing the link is the more challenging part. A mechanic may refute your claims and deny the defect that occurred during his performance of the mechanic work.
In court, the plaintiff has the burden of showing that the mechanic caused the damage. As mentioned above, it will be the first hurdle to cross. Strong evidence is needed to present to the court to prove the validity of the claim. For instance, you may need to have another mechanic inspect the vehicle and record their observations and opinion regarding the causation of the transmission problem.
Do not delay making a claim
There may be a statute of limitations, or time limit, on when a claim can be filed, often three years. Therefore, it is better to act soon and not wait on these issues.
The shop will also want to resolve the issue quickly because any lingering issues can create problems for them and have customers give them negative reviews. Negative reviews from customers are not acceptable for any company.
You can also bring these legal matters to small claims courts. If the damages are less than $5,000 they can be presented in front of the judge. Depending on your situation, you can have a lawyer with you for the case. Sometimes, the cost of litigation can be higher than the repair itself. You should figure out what the best course of action would be and what is financially feasible too.
How Much Will it Cost to Sue for Defective Mechanic Work?
The cost of suing for defective mechanic work will vary greatly with each unique case. There are many different factors that may influence the cost, including:
- The individual’s chosen attorney and their:
- Experience
- Fee arrangement
- Location
- The make and model of the vehicle
- The extent of the damage to the vehicle
- Whether or not the defective work caused an accident
- The court in which the claim is filed
- Many other unique factors in the case
If the damage value is low enough, it costs less to file a claim in small claims court. In addition, cases may be resolved quicker in small claims court.
When Do I Need to Contact a Lawyer?
Your vehicle is likely one of the most important items that you own. When you think it may have been repaired in a defective manner or even caused you to be involved in a car accident, it is essential to reach out to a liability lawyer to determine the options you may have in your state.
Not having a properly repaired vehicle can cause you to miss work, miss doing things for your children and family members, and complete necessary everyday tasks.
A lawsuit involving a defective car repair can be extremely complex and difficult, as more than one party may be named as a defendant, such as the owner of the shop and the mechanic who did the work. Your lawyer will be able to review the facts and circumstances of your case and give you advice on the best way to receive compensation.
If you do have to file a lawsuit to remedy your issue, your lawyer is best equipped to protect your rights and ensure you present the necessary evidence. Your lawyer will also appear with you during any court proceedings.
Another option for you if the value of the damage to your vehicle is not high, you may be able to resolve your claim in a small claims court. Your lawyer will advise you which court will be best to resolve your claim and receive compensation for your losses.
