what kind of lawyer do i need to sue an auto mechanic

by Dr. Cyril Hills Jr. 6 min read

If you believe a mechanic made defective repairs on your car, you should contact a consumer lawyer. An experienced lawyer near you can review the facts of your case, advise you as to your rights and options, and can represent you in court.Mar 16, 2020

Full Answer

Can you sue a mechanic for not fixing your car?

So the first thing to do is ask the repair shop to fix it before you begin suing a mechanic or getting an auto repar lawyer. Hopefully, this article was able to address the question of “can you sue a mechanic for not fixing your car”?

How can an automotive lawyer help with a repair claim?

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.

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.

Can We help if no injuries resulted from the mechanic’s negligence?

We cannot help you beyond the information provided below if no injuries resulted from the negligence of the mechanic or auto shop. When you have trouble with your car, it’s only natural to trust the expertise of a mechanic or auto repair shop to fix things.

What can I do if my mechanic is ripping me off?

How to Talk to Your MechanicDescribe the problem fully. Provide as much information as possible. ... Don't offer a diagnosis. Avoid saying what you think is causing the problem. ... Request a test drive. If the problem occurs only when the car is moving, ask the mechanic to accompany you on a test drive.Ask for evidence.

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.

Can you ask a mechanic for a refund?

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.

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 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.

Can I sue a mechanic for taking too long?

Can I sue a mechanic for taking too long? It's possible to sue a mechanic if you have given them a down payment and they haven't fixed your vehicle for a long time. This is especially true if you can prove their negligence made your car worse.

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.

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.

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.

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.

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...

Brian W. Erikson

First read your paperwork for the ball joint work. See if there is a warranty that covered the work. See if the repair shop excluded or disclaimed liability for the ball joint failure. Consult with another repair shop to see what they think caused the ball joint failure...

Dale R. Rose

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 yourself.

Steven Marc Gelfman

You best bet may be small claims court. I am not sure of the rules in your jurisdiction, but I would check on-line or call the county clerk in your area and see if this is a case that can be filed in small claims court. If so, you may want to just file against the mechanic shop and let them add any other party they believe may be responsible.

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.

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 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).

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.

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 happens if a mechanic damages a vehicle?

What Happens if a Mechanic Intentionally Damages a Vehicle? Instead of acting negligently, a mechanic may deliberately make a faulty repair. Intentionally defective repairs are intentional torts (a tort is a civil wrong, other than a breach of contract, for which the law provides a remedy). In an intentional torts case involving a mechanic, ...

What is faulty 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.

What happens if a mechanic fails to record a reading?

If a mechanic falsely certifies that a vehicle has passed inspection based on these “doctored” numbers, the mechanic may be fined or jailed.

What is the causal relationship between mechanics failing to act properly and defective work?

This means the former must cause the latter. If an individual is injured by defective repair work, the individual must show the defective repair work caused injuries that can be compensated for in terms of money.

What does "not negligently" mean in mechanics?

This means the mechanic may not act negligently. To make repairs under a reasonable standard of care, a mechanic must use the standard knowledge, skills, professionalism, and “know-how” expected of a mechanic. To act with skill and professionalism in making repairs, a mechanic must (among other things):

What is the job of a mechanic?

To act with skill and professionalism in making repairs, a mechanic must (among other things): Replace, remove, adjust, or upgrade parts, with the skill expected of a mechanic making such repairs; Make only those repairs that a customer authorized.

Is a mechanic liable for a tire?

A mechanic is not liable if they provide proper advice about a repair, and the user then fails to have the repair made. An example of this is when a mechanic advises that a tire is wearing out and must be replaced after a specific amount of miles.

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 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.

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 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.

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.

How much can you claim in a small claims court?

Nevertheless, most small claims courts let you claim for damages if the claim is within the range of $10,000 or less. The magistrate court of your county will ask you to fill and submit the required forms to file a case with the court. There could be a charge to submit your claims.

What happens if you don't show up to a mechanic's hearing?

If the mechanic you sued does not show up to the hearing but you properly notified (" served ") them, then the hearing will still take place. You don't automatically win and you will still have to tell the judge why you should win.

How much does it cost to serve a mechanic?

Once the lawsuit is filed, you have to notify the mechanic you sued that they have been sued. This is called "serving." Serving Costs can range from $0-$75 per defendant you sue ( serving is free with the sheriff if you qualify for a waiver of your court fees ).

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. Defective mechanic work 2. Incorrect cost of repairs and written estimates 3. Breach of contract or warranty 4. Fraud for scams, charging for unneeded parts of the vehicle or claiming unneeded further repairs...
See more on findlaw.com

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. 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 …
See more on findlaw.com

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. 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 esti…
See more on findlaw.com

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. If the mechanics don't honor the warranty, either to repair the car or in covering the cost, you may need to sue.
See more on findlaw.com

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. But how do you know if your mechanic is taking you for a ride? Actually discovering fraud may be difficult, but if you discover your mechanic has …
See more on findlaw.com

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. 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 pr…
See more on findlaw.com