what kind of lawyer do i need to sue automotive shop

You better speak with an experienced auto dealer fraud attorney. You can sue a used car dealership. In the event that the owner decides they want to sue, they should contact a local automotive lawyer for further assistance.

Full Answer

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.

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 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...

Are auto repair shops liable for personal injury claims?

Just about anyone – including individuals, businesses, and organizations – can be held liable if their failure to provide a certain level of care leads directly to someone else’s injuries. This includes mechanics and auto repair shops.

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.

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.

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 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.

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.

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.

Is a mechanic liable for damages from repairs in Texas?

If you believe a mechanic caused your car accident, you must be able to prove that the mechanic had what is called a “duty of care” towards you, and that he/she breached this duty. You must be able to prove this before you can file a lawsuit against him and seek compensation for your damages.

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.

Who regulates mechanics in Texas?

Auto Repair Shops: Compliance Resources - Texas Commission on Environmental Quality - www.tceq.texas.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.

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.

What is the California lemon law?

The California Lemon Law (Civ. Code, § 1793.2 et seq.) protects you when your vehicle is defective and cannot be repaired after a “reasonable” number of attempts. The Lemon Law applies to most new vehicles purchased or leased in California that are still under a manufacturer's new-vehicle warranty.

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...

3 attorney answers

The repair shop was required to perform its work to industry standards. If you have an expert to show that it did not, then you should have a claim under Florida's Motor Vehicle Repair Act.

Steven Michael Fahlgren

You need to talk to an attorney that deals with contract law. If the repair came with a warranty, you need someone to examine it and figure out whether the exclusion is legitimate.

Dale Christopher Carson

I do not blame them for this tactic, although, you should not be stuck with a bum car. Arguably, you can pay to get it fixed and sue them for a substantial amount of that money if not all, if they refuse to pay, especially if they never did what they were supposed to do at the start.

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 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 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.

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 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).

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.