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

Full Answer

Can you sue a mechanic shop for damages to your car?

You have the right to sue your mechanic shop if your car is more damaged or causes greater problems that you have not had before. This article will assist with how one can hold the mechanic shop accountable for any accidental deliberate wrongdoing that has caused damages to your vehicle or sue a mechanic for negligence.

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.

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 have a case against a new 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...

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.

What happens if the mechanic doesn't fix?

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. You must establish that your problem isn't a legitimately honest mistake and that the mechanic refused to work with you to remedy the situation.

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.

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 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.

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.

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.

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.

How do mechanics diagnose a problem?

Vibrations & Movements – one way to diagnose mechanical problems is to pay attention to how it feels when you drive it. You mechanic can take your vehicle for a test drive and feel for any strange movements or vibrations. If your vehicle shakes or vibrates there are a variety of causes.

What should you not say to a mechanic?

0:063:345 Things You Should Never Say to a Mechanic - YouTubeYouTubeStart of suggested clipEnd of suggested clipThings that you should never say to a mechanic. And the first thing is never say I'm gonna watch youMoreThings that you should never say to a mechanic. And the first thing is never say I'm gonna watch you while you fix my car years. Ago little old lady brought a car over here free to work on.

How do you know if a mechanic is being honest?

Honest mechanics will communicate clearly with you in words you can understand before, during and after the repair. Compare any scheduled repair with your owner's manual. Honest mechanics will give you written estimates including parts, labor, and other supplies.

Do mechanics exaggerate?

In fact, the check engine light is also sometimes called the “idiot light.” The light sparks fear in car owners because, more often than not, they cannot diagnose the problem themselves. A dishonest mechanic could exaggerate the extent to which you need a repair or add on additional services that may seem unnecessary.

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...

Know Auto Repair Laws

You’ve probably heard about the Lemon Law and the Right to Repair Act but how do these terms relate to you? Depending on which state you are in, some legislation protects your rights as a customer of car repair shops. The table below is not exhaustive but here are some of the most common laws:

Five Reasons You Can Sue a Mechanic

Taking your car to the repair shop is a cumbersome process in itself. Aside from the car, there are other things you need to worry about: the cost of the repair, the delays it will cause, and whether the mechanic can salvage the car. There are mechanics out there who are professional and honest in their work.

Tips for Suing a Car Repair Shop in Small Claims Court

If you find that you have a lawsuit in your hands and you have grounds to sue a car repair shop, you may do so in small claims court. Suing in small claims court comes with fewer costs because of inexpensive filing fees, no need for lawyers, and faster processes. Here are some of our tips for suing a mechanic in small claims court:

Steps to Suing a Car Repair Shop

So you’ve decided to sue a mechanic shop but you’re not sure where to start. The small claims hearing is scheduled 30-70 days after the lawsuit is filed. Below are the steps you have to go through when suing a car repair shop in small claims court:

How to Sue a Mechanic with DoNotPay

Suing anyone isn’t always a straightforward process. DoNotPay simplifies the process for you. All you have to do is access the app via any web browser. After that, follow these steps to sue a mechanic:

DoNotPay Helps You Sue Any Company

Interested in learning more? Here are some big-name companies DoNotPay users have sued with the Sue Now product:

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 an auto lawyer do?

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 may be able to persuade the repair shop to either fix the damage or to settle out of court, so no one has to experience the added stress of a trial.

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 is garage keeper liability?

The majority of states also have regulations (known as “garage keeper liability laws”) that protect both the vehicle and the items that are attached to the vehicle. For instance, a mechanic may be held liable if a vehicle’s tires, stereo system, or other car parts are stolen.

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.

Why are auto repair laws enacted?

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. For instance, many states have laws that address unfair and deceptive practices in car repairs.

Can a mechanic fix a problem for free?

Savvy businesses strive to keep their customers happy, so oftentimes a mechanic will repair the problem that they caused for free. If the mechanic and/or repair shop refuses to or cannot fix the damage done, then the vehicle owner should consider taking legal action.

Who is liable for a defective car repair?

Some parties that may be liable for defective car repairs include: A shop mechanic; The owner of a repair shop; and/or. Vehicle manufacturers, especially in cases where a company mechanic is working under a warranty agreement. In most cases, car repair lawsuits are based on the theory of negligence.

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 is a defective repair?

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 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, ...

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.

Why is it important to have a consumer lawyer?

Since vehicles play such important roles in our everyday lives, it is important to have the help of a consumer lawyer in defective car repair situations. Car repair issues can inhibit your ability to work, take care of children and complete everyday tasks.

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.

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. 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. Otherwise, you generally cannot sue anyone for telling you that your item is being...

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).

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.

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).

Can a mechanic place a lien on a contractor?

Secondly, not every mechanic can place a legal lien. Unlicensed contractors, for example (amateur mechanics) cannot place a lien for amounts larger than $500; there is simply no legal jurisdiction for this to be permitted. They can, however, still sue you in the civil court without a lien. A lien is also not necessarily valid just ...

Can a mechanic put a lien on your car?

Essentially, a valid lien grants the shop the right to seize your vehicle as payment against an owed debt.

Can a mechanic fix a brake line?

This is especially true when poor workmanship results in injury or harm to you or another third party (e.g., a vehicle accident). An amateur mechanic who fixe s your brake line may be culpable if the line later fails while driving due to their own incompetence.

What does negligence mean in a car?

At its core, negligence means failing to provide a certain level of care or not taking action that would prevent the injuries of someone else. For example, let’s say you took your car to a mechanic to fix the brake lines in your car. Soon after, you were involved in an accident.

Why is it important to know your rights in a car accident?

Because determining liability in a car accident can be tricky, it pays to be aware of your rights to get the justice and compensation you deserve . While small claims court handles most claims for car repair issues, you could bring a claim for much more damages if you suffer an injury because of the negligence.

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 ...

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.

Can you do a repair without authorization?

No work can legally be done without your authorization. If you give your approval verbally, there must be a record of it on the final invoice. All replaced parts. If you make a written or verbal request, the mechanic or auto repair shop is required to make any replaced parts available to you. Records of repairs.

Can a faulty brake line be a personal injury claim?

If you and your personal injury lawyer are able to prove that faulty brake line repair caused the accident, you could have a legitimate personal injury claim. The four basic elements that must be proven in a successful personal injury claim are the same. The other person owed you a certain level of care (in this case, ...

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.

What do you need to file a complaint against an auto mechanic?

One of the crucial things you need for your case is to collect proof about the incident. The burden of proving that the mechanic was the reason why the damages to the vehicle occurred is necessary to start a legal complaint against the auto shop.

What to do if you don't receive used car parts?

If you do not receive the used car parts from the garage, you should ask them again by submitting an official letter to them. Request that the shop owner returns the parts to you. Your automotive repair lawyer or legal team can also use the letter as evidence to show that the garage owner isn’t trustworthy.

What happens if you don't return your car?

Even if they don’t return your vehicle at all, the auto shop will need to repay you with the value of the vehicle’s worth. But you first have to give the repair shop a chance to fix it or make it right.

What to do if you have not done so?

If you have not already done so, speak with the auto shop owner and ask them to repair it without any additional charges. Shop owners often agree to work again on a vehicle to avoid any legal proceedings. It is quite useful to communicate one-on-one with the mechanic. If they are not ready, proceed to the next step.

What to do if you win a mechanic's license?

If you win, ensure that there is a way to recover all costs incurred from the mechanic. Ensure that the court stipulates the deadline for recovering the cost from the mechanic shop owner. If you do not, the mechanic could delay paying you and take many months before you can be fully compensated.

How much can you recover from a small claims claim in Texas?

For instance, in Texas, small claims courts can have an application amount to be recovered at a minimum of $10,000 since most cars cost less than the amount of $20,000 and the majority of auto repairs are even less. Nevertheless, most small claims courts let you claim for damages if the claim is within the range of $10,000 or less.

Why do mechanics scam people?

The reason the mechanic may scam individuals is because they believe they can get away with it. Hence, customers are constantly hit hard. Tell your friends and others about the awful practice by the garage, give them the review they deserve and share it on social media. Remember, word of mouth is very powerful.

When To Sue a Mechanic or Car Repair Shop

So when can you sue a mechanic if they don't take good care of your car? There are five main reasons to sue over a bad vehicle repair job:

1. Bad Repairs

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.

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.

3. Breach of Warranty

Often we purchase new and used cars with warranties that cover certain services to the vehicle. These warranties generally come with stipulations regarding what repairs are covered, for how long, and may require you to use specific mechanics.

4. Fraud

Most of us have our guard up when we take our cars to a mechanic. The amount of stories we've heard about auto repair scams, coupled with our general unfamiliarity with the inner workings of our automobiles, means we're already suspicious.

5. Invalid Use of 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.

What to bring to court for a car repair?

If you have a witness to oral statements made by the garage , be sure to bring that person with you to court.

What to do if your garage is not cooperative?

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. Be sure to emphasize any promise made by the garage. Most small independent garages don't make a written warranty or guarantee on their work.

How to give testimony on machinery?

In cases involving machinery, people can give effective testimony by presenting a large drawing illustrating the mistake or problem. This approach is most effective when your expert appears in court and authoritatively points to the drawing to detail the problem. Talk to a Lawyer.

Is a judge a mechanic?

Remember, the judge is probably not a mechanic. It's important to pay attention to the human being to whom you are presenting your case. It's no secret that many, if not most, small claims judges don't understand the insides of cars any better than you do.

Can I take my car back to the garage?

You may be a little paranoid about taking your car back to the garage that just screwed it up. Nevertheless, unless they have proven themselves outrageously incompetent, this is probably your best approach because it's usually easier to get work redone than it is to get a big refund.