what kind of lawyer to use for car repair mistake

by Marjorie McLaughlin 4 min read

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...

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

Do I need a lawyer for defective car repair issues?

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 to do if a mechanic makes a mistake?

Feb 23, 2021 · 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.

Who is the best lawyer for engine failure?

Jan 25, 2018 · 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.

Why do I need a lawyer for a mechanic lawsuit?

The second question is tougher. The car now works less well than before you had it fixed, and you are convinced that a lousy repair job caused your problem. But in this type of case, it's likely the garage owner will claim the work was done properly and that the car simply needs more work. For all the judge knows, this may even be true.

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How do I handle a car repair dispute?

If you are unhappy with the repairs performed on your vehicle, complain to the shop or dealership's manager or owner. If you are not successful, contact a media action line for help and file a complaint with the BAR. Both can intervene on your behalf.Oct 14, 2018

What happens if a mechanic fixes the wrong thing?

If you believe the technician was negligent or dishonest. You might be entitled to so-called expectation damages, an amount necessary to put things the way they would have been had the job been done correctly, Blinn says. The same goes if you have a written guarantee that the repair will fix the problem.Dec 19, 2014

Is repair shop responsible for misdiagnosis?

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.Oct 23, 2018

How do you know if your mechanic is ripping you off?

8 Ways Your Mechanic Is Ripping You OffTelling you your brake rotors need to be replaced, when they don't. ... Changing the spark plugs on a 50,000 mile car. ... Emotionally blackmailing you into a repair. ... Recommending miracle cure additives. ... Sucking you in the door with free tire rotation or winter inspection.More items...•Aug 25, 2015

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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 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 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 defective product recall?

A defective product recall is different and may be caused by a car defect which is the result of the vehicle’s manufacturer. 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.

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.

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.

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

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.

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.

Steven Michael Fahlgren

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.

Dale Christopher Carson

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.

Scott Richard Kaufman

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 is a car service business liable for?

An automotive service business or car dealership may be liable for faulty repairs or maintenance. Such negligence results in accidents, and causes damage and injuries. Common types of defective mechanical work may include:

What are the factors that contribute to vehicle accidents?

Vehicle accidents can result from multiple contributing factors. It is well known that distracted driving, intoxication, speeding, fatigue and defective auto products may cause a vehicle accident. Less recognized are accidents that result from vehicle repair negligence.

What is a lien on a car?

A lien is a legal claim for property that has been improved or otherwise serviced. The mechanic may keep and ultimately sell your car if you do not pay the bill on time. This applies even if your car is an $80,000 luxury vehicle that received a $35 oil change.

What is UDAP law?

All states have some kind of law addressing consumer protection against unfair and deceptive acts and practices (sometimes referred to as UDAP). They can vary from one state to the next. These laws address a wide variety of practices, including things like: No predatory lending and automobile sales.

What is the California car buyer's bill of rights?

Laws in California, like California Car Buyer’s Bill of Rights, are designed to protect innocent consumers and car buyers who think they are getting a good deal when they are actually being sold a car that was in a prior accident, or a vehicle that is defective, or a contract for more than the advertised price.

What happens if you buy a car and it breaks down?

You bought a car and it broke down soon after you drove off the lot, You bought a car without being told that it has been in an accident or that it is defective or has frame damage, You bought a car with a warranty that the dealer won’t honor , or you are being told that your repair is not covered due to exclusion, or.

What happens if you buy a car?

Talk to Our Lawyers that Deal with Car Dealerships If This Happened to You 1 You bought a car and paid more than the advertised price, 2 You bought a car and it broke down soon after you drove off the lot, 3 You bought a car without being told that it has been in an accident or that it is defective or has frame damage, 4 You bought a car with a warranty that the dealer won’t honor, or you are being told that your repair is not covered due to exclusion, or 5 You bought a car and later found out that the car dealer has lied to you.

Can you talk to a car dealership lawyer?

You can talk to our car dealership lawyers if you have any suspicion of being a victim of auto fraud. If you have any car dealership problems, here are some of the remedies that our attorneys can get for you.

Can you return a car if you don't want to?

In some cases, if you don’t want to return your car and still have issues with the vehicle, our car dealership attorneys can help you keep your car and make the dealer pay for the repairs. These pre-existing damages that were not previously mentioned when buying the vehicle have a potential case for the dealer to repair at no cost to you.

Can you sue a car dealer in California?

In California, a lawsuit can be filed for many reasons. You should consult with an attorney if you are having a dispute with your car dealer. Here are the issues that an auto fraud attorney researches: contract does not accurately reflect the number of down payments, increase in monthly payments, the sales price is higher than the advertised price, a salvaged title, prior accidents, prior rental, existing defects, mechanical problems, change in financing and terms of the loan.

Do used cars have problems?

A salesman at the car dealership often tries to make buyers believe they got a deal, but in reality, used cars often have problems that buyers don’t know about. Many used car dealers sell cars with frame damage and defective engines. Laws in California, like California Car Buyer’s Bill of Rights, are designed to protect innocent consumers ...

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