what kind of lawyer do i need to sue a mechanic

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

Can you sue a mechanic for negligence or malpractice?

Dec 01, 2011 · Posted on Dec 6, 2011. Posted on Dec 6, 2011. I suggest you contact a general practicioner attorney in your area for information and advice on how to proceed. If you want to do it on your own, the Justice of the Peace or Small Claims court has a maximum jurisdiction of $10,000.00 that you can sue for and is very inexpensive to file the lawsuit ...

Can I sue a mechanic shop for bad work?

In the event that the owner decides they want to sue, they should contact a local automotive lawyer for further assistance. 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.

Should I take legal action against a mechanic who damaged my car?

What kind of attorney do I need to sue a mechanic shop for product or service liability? Lawyer directory. Find a lawyer near you. Avvo has 97% of all lawyers in the US. ... Start with your legal issue to find the right lawyer for you. Choose an area of law that your issue relates to: Bankruptcy and debt; Business; Car accident; Civil rights ...

Can you sue a mechanic for not honoring a warranty?

Its rarley a good idea to go to court without a lawyer. If you find you can't afford one an go forward on your own, you may find this of interest…

What happens when a mechanic misdiagnosed?

Can you ask a mechanic for a refund?

Do mechanics lie to make more money?

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

Can I sue a mechanic for taking too long?

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

How do I not get scammed by mechanics?

How do I know if my mechanic is honest?

Why do mechanics charge so much?

Is there an ombudsman for car repairs?

Can a mechanic keep your car?

How do I write a complaint letter to a car manufacturer?

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 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 happens if a mechanic refuses to accept responsibility for a misdiagnosis?

However, if the mechanic or repair shop refuses to accept responsibility or claims that it is not their fault, then the vehicle owner may seek legal recourse for a misdiagnosis. The most common option of legal recourse is to sue the mechanic for negligence.

What is the misdiagnosis negligence case?

In a misdiagnosis negligence case, the vehicle owner will need to prove that the mechanic failed to exercise the same level of care that any other reasonable auto repair mechanic would have used in the same or a similar scenario. 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.

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 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 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.

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 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 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.

Why is it so hard to repair a car?

Some vehicles are difficult to repair, either because they are extremely complex to work on or because it is hard to find parts for them. Rarely, it might even take months to find a part; this is often the case for older antiques. The dealer should, however, keep you apprised of the situation and set reasonable expectations in advance.

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

Any general practice that practices civil litigation Plaintiff's work would be able to help you. There are a number of excellent ones on this site.

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 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.

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.