what kind of lawyer do i need to sue a auto repair shop

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.

Full Answer

When do you have a valid lawsuit against an auto repair shop?

If a mechanic improperly installs a part , disables a safety device, otherwise fails to make adequate repairs to your vehicle, you may have a valid lawsuit. 2. False Estimates or No Estimates Most states have consumer protection laws that require auto repair shops to disclose details about repairs before they are done.

Why do I need a lawyer for a mechanic lawsuit?

An attorney will be able to review the facts of the case and determine what damages may be recoverable. In most cases, mechanic work is done in accordance with a contract between the shop mechanic and the customer.

Do I need a lawyer for defective car repair issues?

Car repair issues can inhibit your ability to work, take care of children and complete everyday tasks. Defective car repair cases can be difficult and complex since multiple parties may be involved. A lawyer can review the facts of the case and advise how best to proceed.

Can I sue a mechanic for performing unauthorized repairs?

For example, a car owner may sue a mechanic for performing unauthorized or unnecessary repairs, providing false or misleading payment estimates, or for breach of warranty. Each state has its own set of auto repair laws that go by various names, but are primarily enacted for the purposes of protecting the average consumer.

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.

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.

What happens if a mechanic is 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.

How do I sue a mechanic in California?

What are the steps to suing a mechanic in a California small claims court?Consider filing a complaint against a mechanic before suing in small claims. Learn more here.Prepare and file the lawsuit. Learn more.Notify ("serve") the mechanic you have sued. Learn more.Prepare for and attend the small claims hearing.

What does the Bureau of Automotive Repair do?

The Bureau of Automotive Repair (BAR), part of the Department of Consumer Affairs (DCA), serves Californians through effective regulation of the automotive repair and Smog Check industry.

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.

Can I ask for my money back from a mechanic?

You'll have the burden of proof if you do have to go to court and sue to get your money back or for other relief. You'll have to establish to a judge's satisfaction that the car mechanic didn't fix the problem due to issues of fraud or negligence.

What is mechanical negligence?

Individuals may sue the mechanic for defective mechanic work. Defective mechanic work, also called faulty repair work, occurs when a mechanic negligently makes repairs that result in vehicle damage or injury to people.

Are mechanics liable for misdiagnosis?

What Exactly is Misdiagnosis? Misdiagnosis is defined as an incorrect diagnosis of an illness or condition. It's a wrong conclusion about a disease – a decision that a patient has or doesn't have a particular illness or condition, when in fact they have a different one or none at all.

Who regulates auto repair shops in California?

The Bureau of Automotive Repair (BAR)The Bureau of Automotive Repair (BAR) licenses and regulates automotive repair dealers, Smog Check stations and technicians, and brake and lamp stations and adjusters. BAR also administers the Smog Check Program.

Do I need a lawyer for small claims court?

You do not need a lawyer for small claims court, and some states don't even allow you to have one. Read an overview of your state's small claims court laws first. There are many advantages to seeking legal help from an attorney, but you would likely have to pay attorney's fees.

How do I report a mechanic in California?

State of California Department of Consumer Affairs Bureau of Automotive Repair800-952-5210 (Phone)dca@dca.ca.gov.barinfo@dca.ca.gov.

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...

What happens if a car repair shop ineffectively installs a car part?

If the car repair shop ineffectively installs a car part, mangles a safety feature, or makes the correct repairs, you have a case. Lack of or erroneous estimates – In most states, car repair shops are required by law to provide accurate estimates before working on a car.

What happens if a mechanic fails to follow the rules?

Illegal use of mechanic’s lien – If the car shop failed to follow the rules in filing a mechanic’s lien, you may sue the car repair shop or repossess your vehicle.

What is a mechanic repair lawsuit?

Mechanic repair lawsuits refer to a large umbrella of cases that involve issues regarding vehicle repairs and mechanics or automobile repair shops. For example, a car owner may sue a mechanic for performing unauthorized or unnecessary repairs, providing false or misleading payment estimates, or for breach of warranty.

What Can I Do If a Mechanic Damages My Car While It’s Being Repaired?

For example, if a mechanic caused damage to a car while they were repairing it, then the owner can hold them liable for those damages. Alternatively, if the repair shop has an insurance policy, then damages will most likely be covered by the repair shop’s insurance.

What if My Car or its Contents are Stolen While in the Mechanic’s Possession?

Mechanics are legally required to take reasonable care to protect a person’s vehicle while it is in their possession. A mechanic may be held liable for a stolen vehicle, but only in certain situations. For example, if a mechanic carelessly leaves the keys to an unlocked car inside the vehicle, then the vehicle owner may hold them responsible for theft if it is stolen.

What Does Mechanic Liability Insurance Pay For?

Mechanic liability insurance is a specific type of insurance policy that is meant to protect mechanics and auto repair shops from liabilities that may arise as a result of unexpected accidents like property damage to a vehicle, faulty repairs, or if a customer waiting to pick up their car gets injured in the repair shop.

What can a car owner do for a garage?

One thing a vehicle owner can do for a car damaged by garage during service is to sue either the repair shop and/or the individual mechanic. For example, if a mechanic caused damage to a car while they were repairing it, then the owner can hold them liable for those damages. Alternatively, if the repair shop has an insurance policy, ...

What to do if a mechanic refuses to fix a car?

If the mechanic and/or repair shop refuses to or cannot fix the damage done, then the vehicle owner should consider taking legal action. In the event that the owner decides they want to sue, they should contact a local automotive lawyer for further assistance.

What does a car owner have to prove to the mechanic?

The vehicle owner will also have to prove that the misdiagnosis was foreseeable, the mechanic’s carelessness caused the property damage, and that the damage done to the car is quantifiable.

How to protect yourself as an auto mechanic?

One important step an individual can take to protect themselves is research the mechanic or repair shop they plan to use.

Where to display licenses in car repair shop?

Many car repair shops will display their licenses and certifications in the shop or in the waiting room. By verifying these documents, a customer can help ensure that a qualified mechanic who is trained and capable of proper repairs will be working on the vehicle.

What are Some Examples Of Defective Car Repairs?

The type of issue that is considered a defective car repair depends on the circumstances of the case and the make and model of the car involved. Some common examples of defective car repairs may include:

What is the Difference Between and Defective Car Repair and a Defective Product Recall?

A defective car repair is a repair that is improperly done on a vehicle, as discussed above. A defective product recall is different and may be caused by a car defect which is the result of the vehicle’s manufacturer.

What Documentation Do I Need When Dealing with a Defective Car Repair?

Documentation is going to be the foundation of a defective car repair claim. Any time a vehicle is repaired, it is important to keep all documentation. This may include:

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 are some examples of issues that will be included in an automobile recall?

Common examples of issues that will be included in an automobile recall often include: Defects in the brake and/or gas pedals, including getting stuck or jammed; Defects in safety equipment, such as safety belts and/or airbags; Flaws in the fuel, exhaust, and/or cooling systems; Steering mechanisms that are misaligned;

How long does it take for a mechanic to file a lawsuit?

Foreclosure of Lien – After you have been notified, the mechanic must file a lawsuit in the civil court within 90 days. This allows them the opportunity to seek court approval to foreclose (finalize) the lien. If they fail to follow service of process or don’t show up to court, the judge may rule the lien invalid.

What happens if a mechanic fails to follow service of process?

If they fail to follow service of process or don’t show up to court, the judge may rule the lien invalid. If a lien is judged invalid, you have the right to sue the mechanic’s shop for compensation. This may be in the form of money or simply as the return of the vehicle on which they placed the lien.

What is negligent mechanic?

A mechanic who promises to finish within a month, yet finishes in month three, is considered negligent for breach of contract. Lastly, you must have experienced some kind of damages or loss as a result of being without your vehicle. For example, if you lose your job due to lack of transportation, you may have a case.

What happens if a mechanic refuses to honor a warranty?

On the other hand, if a mechanic agrees to warranty their services, but later refuses to honor the warranty, you have rights there, too. You can sue them for compensation or to force them to honor the warranty (which is considered a legal contract).

How long does a mechanic have to notify you of a lien?

Preliminary Notice – The mechanic must notify you of their intent to place a lien on your vehicle within no more than 20 days of the provided service. It may only include services, parts, and associated fees that were incurred within this 20-day time period (not before or after).

How long does it take to file a mechanic's lien?

Furthermore, it must be filed and provided within 90 days of the original service date.

Why do mechanics put off repairs?

On the other hand, some mechanics put off repairs for other less necessary reasons, like procrastination, laziness, or lack of resources (e.g, can’t afford parts). A dealer who holds your car on the lot for a month or more without completing repairs, and cannot give you a good reason why is in effect providing a bad service.

Who handles mechanic claims?

Most state attorneys general have departments dedicated to consumer protection that may be able to handle claims against mechanics. Or you can consult with an experienced consumer protection attorney near you.

What is a mechanic's lien?

There are times when a repair person or company can place a lien on a customer's property to pay for service or improvements done to the property. This is called a mechanic's lien, and it is available not just to car mechanics, but to plumbers, painters, carpenters, and construction contractors and subcontractors -- anyone who provides a service that improves a customer's property.

Can you sue a mechanic for a car warranty?

These warranties generally come with stipulations regarding what repairs are covered, for how long, and may require you to use specific mechanics. If the mechanics don't honor the warranty, either to repair the car or in covering the cost, you may need to sue.

Can you sue for mechanics lien?

But there are rules to filing mechanic's lien and if they are not followed, you may need to sue to retain or reclaim your property . Mechanic's liens must be filed by the right entity, in a timely manner and with proper notice, and for the right property. Otherwise the lien is invalid.

Do mechanics do good work?

First and foremost, mechanics must do good work. You're there to get a problem fixed, and if it is not fixed properly that could be dangerous for you and other drivers. Not to mention you shouldn't be charged for non-existent or ineffective auto repairs. If a mechanic improperly installs a part, disables a safety device, otherwise fails to make adequate repairs to your vehicle, you may have a valid lawsuit.

Is it scary to repair a car?

Car repairs can be a scary prospect. First there's the cost , the time it will take, and then the worry about the repairs being done right. Most mechanics do good and honest work, and care for our cars like they were their own. But other mechanics on the other hand...

Do auto repair shops have to disclose repairs?

Most states have consumer protection laws that require auto repair shops to disclose details about repairs before they are done . Under these statutes, mechanics and other service providers must give you a detailed estimate of all work to be done, disclose whether used or rebuilt parts are being installed, and give you a quote for the costs. If your mechanic fails to give you an estimate of the work or fails to honor the estimate, you may want to call a lawyer.