what kind of lawyer do i need to go afeter a automotive shop for damage

by Dr. Aida Casper PhD 8 min read

As long as you have some sort of written record putting the causation on the original repair shop from the new repair shop, you probably have a case. You should look for an aggressive civil litigator who has experience with consumer law. I suggest contacting those who answer here as well as using the Find a lawyer search tool on this site.

Thus, if your vehicle and/or parts of your vehicle have been stolen or damaged, you should consider contacting a local consumer protection lawyer for further legal guidance. Your lawyer can help you to identify, prepare, and file the proper legal claims against a mechanic.Jan 11, 2021

Full Answer

How can an automotive lawyer help with a repair claim?

An automotive lawyer can determine whether they have a viable claim, how much the individual will recover if they win the lawsuit, and can discuss other potential options that may be available for legal recourse. An automotive lawyer may also reach out to the repair shop and/or mechanic on a vehicle owner’s behalf before filing a claim. By opening communication lines, the lawyer …

How can an auto lawyer help me buy a bad car?

Jan 25, 2018 · 2 attorney answers Posted on Jan 26, 2018 I agree with Attorney Paz. As long as you have some sort of written record putting the causation on the original repair shop from the new repair shop, you probably have a case. You should look for an aggressive civil litigator who has experience with consumer law.

Where can I hire a lawyer for auto dealer fraud?

Dec 20, 2016 · You can try to sue the shop in small claims court and see whether the judge will agree with you. Small claims court is a department of the county's district court. Attorneys generally cannot represent another person without permission of the court.

What are the laws for a car repair shop?

If you've recently purchase a car and suspect some wrongdoing by the car dealer, you may be a victim of auto dealer fraud. An auto dealer fraud lawyer can help with unfair business practices such as failure to disclose damages, price packing, and misleading dealer add-ons. Use FindLaw to hire a local auto dealer fraud lawyer to assist you with problems like "bait and switch," …

What happens when a mechanic misdiagnosed?

PSA: If a shop misdiagnoses your car and makes a repair that fails to fix the problem, they're obligated to correct their mistake. Disclaimer: You HAVE to request and pay for diagnosis for this to be valid.Oct 23, 2018

How do I sue a mechanic shop in Texas?

You can contact the Better Business Bureau, www.bbb.org, for help negotiating with the repair shop. Or, bring a lawsuit under the DTPA in small claims court for up to $10,000* for the repairs and other damages such as tow costs, storage fees, and car rental.

How do I file a complaint against an auto repair in NY?

Auto Repair ComplaintAgency: New York State Department of Motor Vehicles.Division: Vehicle Safety Licensing Complaints.Phone Number: (518) 474-8943.Business Hours: Monday - Friday: 8:15 AM - 4:15 PM.Staff is available through the automated phone system during business hours.

Is a mechanic liable for damages from repairs in Texas?

Auto repair facilities and dealerships are typically liable for damages caused by their negligence or the negligence of their employees. However, one of the most challenging aspects of recovering damages for mechanic negligence is proving that the mechanic or repair shop's actions are to blame for the accident.Aug 31, 2021

How long can a mechanic legally keep your car to fix?

How long can a mechanic keep my car? There is no legal limit to how long a mechanic can keep your car. If you are unsatisfied with your service, you can always take your business elsewhere and try to find another mechanic.Dec 7, 2021

What is the lemon law in Texas?

The Texas Lemon Law is a state law administered by the Texas Department of Motor Vehicles that helps consumers who buy or lease new motor vehicles and have repeated problems getting their vehicles properly repaired under the manufacturer's original warranty.

Is there an ombudsman for car repairs?

Welcome to The Motor Ombudsman Over 7500 businesses, are accredited to one or more of the Codes covering new cars, sales, vehicle warranties, and servicing and repair.

Can a mechanic keep your car?

Can a garage keep your car? A garage that has repaired your car has what is known as a 'lien'. This is the right to keep the car until they've been paid for all work done. If you take your car away without authorisation you risk both civil proceedings and criminal prosecution.Nov 23, 2016

Can a garage do work without permission?

The garage should contact you before doing any work over and above that which you had already agreed. If you authorise a garage to carry out only specific work, and to do no other work without further permission, then the garage is not entitled to claim payment for any extra work done.Oct 2, 2015

How long can someone leave a car on your property before it becomes yours in Texas?

48 hoursA motor vehicle is abandoned if it: Is inoperable, is more than five years old, and has been left unattended on public property for more than 48 hours. Has remained illegally on public property for more than 48 hours.

Do mechanics lie to make more money?

Car mechanics are notorious for lying to their customers in order to gain extra work for things that don't really need doing or for charging extra for things if they can tell someone doesn't really know what they are talking about. Sadly, this can lead to people spending lots of money without actually needing to.Mar 31, 2019

When talking about the 3 C's the correction is?

Condition, Cause and CorrectionMost of you are probably familiar with the three C's on your repair orders — Condition, Cause and Correction — which are a necessity to complete a repair order correctly, as well as a warranty claim submission.

When Is The Mechanic Liable For Damages Resulting from Faulty Service?

A mechanic is liable for damages caused by his or her negligence. For example, suppose your mechanic rotates your tires, but fails to properly reat...

What About The Contents of My Car?

Always contact law enforcement if items are stolen from your vehicle. Law enforcement can investigate the theft—and may help you identify the culpr...

What If My Car Is Stolen from The Repair Shop?

While it has your car, the mechanic shop must take reasonable care to protect it. If the mechanic leaves your keys in your unlocked car, he or she...

Should I Contact A Lawyer?

Claims involving auto mechanics can involve a wide variety of legal issues— including bailments, garage keepers laws, negligence, and products liab...

2 attorney answers

I agree with Attorney Paz. As long as you have some sort of written record putting the causation on the original repair shop from the new repair shop, you probably have a case. You should look for an aggressive civil litigator who has experience with consumer law.

Max L Rosenberg

I agree with Attorney Paz. As long as you have some sort of written record putting the causation on the original repair shop from the new repair shop, you probably have a case. You should look for an aggressive civil litigator who has experience with consumer law.

1 attorney answer

If you have a specific date promised by the shop by which your vehicle would be fixed, you may be able to sue the shop for breach of contract, particularly if the shop agreed to pay you something if the work is not done by the specific date.#N#Otherwise, you generally cannot sue anyone for telling you that your item is being...

Thuong-Tri Nguyen

If you have a specific date promised by the shop by which your vehicle would be fixed, you may be able to sue the shop for breach of contract, particularly if the shop agreed to pay you something if the work is not done by the specific date.#N#Otherwise, you generally cannot sue anyone for telling you that your item is being...

How to sue a car dealership?

We are auto lawyers that sue car dealerships for bad car sale practices. Call us to speak to our auto attorneys immediately if this happened to you: 1 You bought a car and paid more than the advertised price 2 You bought a car and it broke down soon after you drove off the lot 3 You bought a car without being told that it has been in an accident or that it is defective or has frame damage. 4 You bought a car with a warranty that the dealer won’t honor, or you are being told that your repair is not covered due to an exclusion 5 Your vehicle needs to be repaired soon after you bought it, and the problems date back to the date you bought it 6 Your dealer called you to bring back the car because the financing fell through after 10 days have passed from the date of purchase

What happens if you buy a car and it breaks down?

You bought a car without being told that it has been in an accident or that it is defective or has frame damage. You bought a car with a warranty that the dealer won’t honor, or you are being told that your repair is not covered due to an exclusion.

Can you sue a car dealer in California?

Under California law, car buyers are legally able to sue their dealers for not telling the truth about the vehicle. Our legal team and lawyers against car dealerships gather evidence for a lawsuit against dealers that rip off buyers. Used car dealer fraud is common, if you are a victim, our lawyers who deal with car dealerships can help you get ...

What does a lawyer do in a lawsuit?

Should a lawsuit be necessary, a lawyer can ensure your rights are protected, claims are properly filed and represent you during court proceedings if necessary. A lawyer will work to provide the best possible outcome for your case.

What happens if a car is not repaired properly?

If a repair is not properly completed, it can result in further damage or even injury to the passengers. A defective car repair can render a vehicle unsafe to drive. A vehicle that is unsafe to drive can result in physical damage to the vehicle itself, making further repairs difficult or impossible. It can also present risks to a driver, passenger, ...

What is automotive mechanic?

Automobile mechanics are held to specific industry standards regarding any repairs, upgrades, or adjustments made to a vehicle. One important step an individual can take to protect themselves is research the mechanic or repair shop they plan to use.

What is a defective product recall?

A defective product recall is different and may be caused by a car defect which is the result of the vehicle’s manufacturer. An automobile recall or car defect recall usually only refers to flaws which create safety hazards, may result in injury to the operator, and/or passengers.

What is mechanic work?

In most cases, mechanic work is done in accordance with a contract between the shop mechanic and the customer. There will be terms of payment, the length of time the repair is expected to take, and any other concerns prior to the mechanic beginning work.

When is a recall necessary?

An automobile recall may become necessary when a vehicle part does not comply with the federal motor vehicle safety standards and/or there is a safety related defect in the equipment in the vehicle.

Collect Available Evidence

Gather all the relevant evidence, pronto. In this situation, this means getting your used parts (it's a good idea to do this any time you have major work done). If the garage will not give them to you, ask again by letter, keeping a copy for your file.

Have Your Car Checked by an Expert

Before you drive many miles after the disputed work is done, have your car checked by an experienced mechanic. Sometimes it is possible to get a free estimate from a repair shop.

Try to Settle

By now you should have a pretty good idea what the first garage did wrong. Call and ask them to redo the job or refund part or all of your money. Often the repair shop will agree to do additional work to avoid a hassle. If they agree to take the car back, insist on a written agreement detailing what they will do and how long it will take.

Write a Demand Letter

If the garage isn't cooperative, it's time to write a formal demand letter. Your letter should be short, polite, and written with an eye to a judge reading it.

File Your Court Papers

If you still get no satisfactory response from the garage, file your papers at the small claims court clerk's office in the county where the garage is located.

Prepare Your Case

If you want the judge to understand your case, you must understand it yourself. Sounds simple, doesn't it? It did to me too, until I got involved with a case involving a botched car repair. All I knew was that after I paid to have the engine fixed, the car shouldn't belch black smoke and make a disgusting noise.

Appearing in Court

When you show up in court, be sure that you are well organized. Bring all the letters you have written or received about your car problem, any written warranty, photographs if they are helpful, and your used parts if they aid in making your case.

How to sue for negligence?

Do I Have the Right to Sue For Negligence? 1 The other person owed you a certain level of care (in this case, the mechanic owed you a certain level of competence when you dropped off your car for repairs) 2 That person failed to show the proper care, was negligent or careless with their services 3 The negligence was the direct cause of an accident 4 You experienced damages (injuries, property damage, etc.) because of the accident

How to strengthen your case?

To strengthen your case, you should ask for all replaced parts. You should also keep copies of your written requests, as well as the written estimate, final invoice, guarantees, warranties, work orders, etc. provided by the auto repair shop.

What is negligence in insurance?

This includes mechanics and auto repair shops. At its core, negligence means failing to provide a certain level of care or not taking action ...

What is the direct cause of an accident?

The negligence was the direct cause of an accident. You experienced damages (injuries, property damage, etc.) because of the accident. In order for you to be successful with your personal injury claim, you must prove each of those four points.

Do repair shops have to guarantee work?

Keep in mind that a shop doesn’t have to guarantee its work. If they do give you a guarantee or warranty, however, the invoice should outline its terms and limits. The Repair Shop Act of New York outlines all of these rights. It’s through this act that thousands of dollars are returned each year for faulty repair work.