what kind of lawyer do i talk to when a mechanic breaks my car

by Prof. Dell Vandervort Sr. 10 min read

If you think that the mechanic intentionally damaged your vehicle as part of a scam, you may wish to contact the Office of the Attorney General in the state where the vehicle was repaired. This office is usually tasked with handling consumer concerns. Another option is to pursue the matter through small claims courts.

For those types of cases, you should speak to a car accident lawyer and make it clear you suspect a bad repair or negligent auto mechanic caused the problem.Feb 25, 2016

Full Answer

Is a car mechanic legally responsible if he breaks something?

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.

Do I need a lawyer for defective car repair issues?

Apr 07, 2011 · i took my car to a mechanic to get a job done , when he was working on my car which was welding sparks of fire caused a fire to break out in my car an caused damages in my car . ... Because the law is different in each state you need to talk to a local Consumer Law attorney. Call your local attorney's Bar Association and ask for a referral to a ...

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

If you think that the mechanic intentionally damaged your vehicle as part of a scam, you may wish to contact the Office of the Attorney General in the state where the vehicle was repaired. This office is usually tasked with handling consumer concerns. Another option is to pursue the matter through small claims courts.

Why do I need a lawyer for a mechanic lawsuit?

Feb 23, 2021 · Should I Talk to a Lawyer for Help with a Defective Car Repair Claim? 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.

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...

2 attorney answers

When you take a car to a service garage for them to look it over or perform service on it, in most states you create what the law calls a "bailment”. That requires the shop to take reasonably good care of the car while it is in their custody.

Ronald Lee Burdge

When you take a car to a service garage for them to look it over or perform service on it, in most states you create what the law calls a "bailment”. That requires the shop to take reasonably good care of the car while it is in their custody.

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 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.

What happens if a car is defective?

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, and other motorists. An unsafe vehicle can also result in an automobile accident.

What is automotive mechanic?

Automobile mechanics are held to specific industry standards regarding any repairs, upgrades, or adjustments made to a vehicle. One important step an individual can take to protect themselves is research the mechanic or repair shop they plan to use.

What is a recall in automobiles?

An automobile recall or car defect recall usually only refers to flaws which create safety hazards, may result in injury to the operator, and/or passengers. In most cases, a cosmetic issue such as a poorly done paint job or a misplaced decal are not subject to recalls.

When is a recall necessary?

An automobile recall may become necessary when a vehicle part does not comply with the federal motor vehicle safety standards and/or there is a safety related defect in the equipment in the vehicle.

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.

1 attorney answer

Make a written demand to the first mechanic for all your money back and the cost of additional repairs necessary as a result of his negligent work. If he does not pay you, then tell him you will report him the State of California Bureau of Automotive Rpair. If he still resists, report him to the Bureau.

Constantine D. Buzunis

Make a written demand to the first mechanic for all your money back and the cost of additional repairs necessary as a result of his negligent work. If he does not pay you, then tell him you will report him the State of California Bureau of Automotive Rpair. If he still resists, report him to the Bureau.

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What happens if a car is broken by a mechanic?

If the part is broken by the mechanic accidentally or negligently it's on the mechanic. In cases such as bolts twisting of regardless of attempts to save it it's no ones fault but age and corrosion then it's on the car owner.

What is garage keepers liability insurance?

Anyone who operates a mechanic shop, lube shop, auto body shop, paintless dent repair, car wash, or any other business that services vehicles in Colorado is required to obtain garage keepers liability insurance coverage and keep it in force. Garage keepers liability insurance provides coverage to the customer’s vehicle if it is damaged while in the control and care of the auto shop. Some examples of incidents when this damage could occur include: 1 A customer’s vehicle is involved in a car accident while the mechanic has it on a test drive. 2 The keys were left in the customer’s unlocked car and it was stolen from the garage. 3 The garage is broken into and a customer’s vehicle was vandalized. 4 Severe weather causes damage to a customer’s vehicle.

What happens if you take your car to a mechanic?

When you take your car to a mechanic for repair, you are doing more than just getting your automobile fixed: you are entering into what is known as a bailment relationship with your mechanic; if the mechanic violates the terms of the agreement, he or she could be liable for your damages.

What is a bailment relationship?

In a bailment relationship, the mechanic agrees to keep your car for a specific amount of time, for a limited purpose, and treat your car with reasonable care while it is in the mechanic’s possession.

What happens if a mechanic is negligent?

If a mechanic is negligent while performing repairs to an automobile, he or she could be held liable for damages, and could also face criminal charges for deceptive or unfair practices. Your mechanic must take reasonable precautions to protect it while in possession of your car, but if the mechanic can prove the level of service offered was ...

Collect Available Evidence

Gather all the relevant evidence, pronto. In this situation, this means getting your used parts (it's a good idea to do this any time you have major work done). If the garage will not give them to you, ask again by letter, keeping a copy for your file.

Have Your Car Checked by an Expert

Before you drive many miles after the disputed work is done, have your car checked by an experienced mechanic. Sometimes it is possible to get a free estimate from a repair shop.

Try to Settle

By now you should have a pretty good idea what the first garage did wrong. Call and ask them to redo the job or refund part or all of your money. Often the repair shop will agree to do additional work to avoid a hassle. If they agree to take the car back, insist on a written agreement detailing what they will do and how long it will take.

Write a Demand Letter

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.

File Your Court Papers

If you still get no satisfactory response from the garage, file your papers at the small claims court clerk's office in the county where the garage is located.

Prepare Your Case

If you want the judge to understand your case, you must understand it yourself. Sounds simple, doesn't it? It did to me too, until I got involved with a case involving a botched car repair. All I knew was that after I paid to have the engine fixed, the car shouldn't belch black smoke and make a disgusting noise.

Appearing in Court

When you show up in court, be sure that you are well organized. Bring all the letters you have written or received about your car problem, any written warranty, photographs if they are helpful, and your used parts if they aid in making your case.

How to fix a car that is under warranty?

It most cases, if your car is under warranty, you’ll have to take it to the dealer's service department for an assessment and repair. If the service department agent claims that the warranty doesn’t cover the repair, consider taking the following steps: 1 Speak with the dealer service agent's supervisor. 2 Take the car to another authorized dealer's service center.

What is the automotive consumer action program?

Many states have programs designed to help consumers with automotive issues. In Ohio, for example, the Automotive Consumer Action Program provides mediation assistance for dealer disputes, and in California, the Consumer Mediation Services Program helps new car owners resolve dealer disputes at no cost.

What is a warranty on a car?

Vehicle warranty. When you buy a car (especially a new car), the dealer or manufacturer promises to repair any defects within a specified period. This pledge is a “warranty” that is a part of the purchase price. For instance, a warranty might cover repairs or defects for the first three years or 36,000 miles. ...

What is lemon law?

Sometimes you get stuck with a new car that continues to have problems, despite many attempts to repair it. Many states offer special protections called “lemon laws” for consumers dealing with new vehicles with persistent problems. The requirements to prove a lemon law case vary by state so you’ll want to consult with a local consumer law attorney, or contact your state's attorney general's consumer division, for more information.

What is extended warranty?

A service contract, or "extended warranty," is separate, additional coverage that you elect to purchase. Unlike the vehicle warranty, it doesn’t automatically come with the car—you must pay for it. It’s common to finance the coverage (roll it into your loan) when you buy the car, but it’s possible to purchase it from another company ...