what lawyer for a bad mechanic

by Dr. Modesto Tremblay V 5 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

Why do I need a lawyer for a mechanic lawsuit?

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.

Where can I find a lawyer for a negligent auto mechanic?

Feb 23, 2021 · Defective car repairs occur when a repair is done poorly or with dangerous results. 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 ...

Can I sue a mechanic shop for bad work?

Dec 02, 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 ...

What happens if you get a bad mechanic?

Mechanic Negligence Lawyers for Bad Repairs – Whitney, LLP. If your car was not fixed properly after an accident and it leads to an accident with injuries or other serious damage and you are unable to work, care for your family, or engage in other daily tasks, Whitney, LLP’s lawyers may be able to help if the bad repair occurred in Maryland.

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

Here's what to say and to expect:
  1. Describe the problem fully. Provide as much information as possible. ...
  2. Don't offer a diagnosis. Avoid saying what you think is causing the problem. ...
  3. Request a test drive. If the problem occurs only when the car is moving, ask the mechanic to accompany you on a test drive.
  4. Ask for evidence.
May 9, 2017

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.Oct 23, 2018

Can I ask for my money back from a mechanic?

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 you spot a dishonest mechanic?

Warning Signs Of A Dishonest Mechanic: Know Before You Tow
  1. They Have No Credentials. If the auto shop you choose doesn't have certifications in the field, they're probably not dependable. ...
  2. They Won't Give You a Written Quote. ...
  3. They Try to Scare You. ...
  4. They Won't Show You Old Parts. ...
  5. They Don't Like to Answer Questions.
Jun 3, 2020

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.Jul 27, 2020

How do mechanics diagnose a problem?

Vibrations & Movements – one way to diagnose mechanical problems is to pay attention to how it feels when you drive it. You mechanic can take your vehicle for a test drive and feel for any strange movements or vibrations. If your vehicle shakes or vibrates there are a variety of causes.Aug 22, 2019

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

How long can a mechanic keep my car? There is no legal limit to how long a mechanic can keep your car. If you are unsatisfied with your service, you can always take your business elsewhere and try to find another mechanic.

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.Mar 31, 2019

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.

How long should a mechanic take to diagnose?

But you can expect an average diagnostic test to take about an hour and a half. If the issue is complicated, the mechanic may have to remove a few components of your car for access and further testing. Expect your car to be tied up for two to three hours in those instances.

What does a diagnostic test on a car tell you?

Diagnostic tests can reveal problems within a car's engine, transmission, exhaust system, brakes, and other major components, as well as performance issues with the fuel injector, air flow and coolant, ignition coils, and throttle.Apr 18, 2017

How do you know if a mechanic is good?

Another way to locate a trustworthy mechanic is by word of mouth. Ask friends, family members, and co-workers for referrals. If someone has had a particularly bad experience at a local garage, you'll know it! The most successful mechanics base their business on happy clients and excellent, timely work.

How to protect yourself as an auto mechanic?

One important step an individual can take to protect themselves is research the mechanic or repair shop they plan to use.

Who is liable for a defective car repair?

Some parties that may be liable for defective car repairs include: A shop mechanic; The owner of a repair shop; and/or. Vehicle manufacturers, especially in cases where a company mechanic is working under a warranty agreement. In most cases, car repair lawsuits are based on the theory of negligence.

What is a defective repair?

A defective car repair is a repair that is improperly done on a vehicle, as discussed above. A defective product recall is different and may be caused by a car defect which is the result of the vehicle’s manufacturer.

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, ...

Why is it important to have a consumer lawyer?

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.

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 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.

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.

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.

What happens if a repair shop is negligent?

Negligent repair shops will overlook or try to repair damage that requires replacement.

What happens when a body shop lies about repairs?

Poor quality repair jobs are more than a nuisance. They can be a serious safety issue. When a body shop lies about repairs, uses counterfeit parts, or performs a defective car repair, they compromise the integrity of your vehicle and put your safety and the safety of others on the road in jeopardy.

What happens if you don't fix your car?

When accident damage is not fixed right, injuries can happen. The consequences can be more than a nuisance. You and your loved ones may be subject to a crash or at risk from faulty wiring, bad steering, bad brake repairs, unrepaired frame damage and unrepaired structural damage. Whitney, LLP’s mechanic negligence lawyers for defective car repairs ...

What to do after an auto accident?

After an auto accident or collision, you depend on the auto repair shop and the insurance company to restore your vehicle to proper working order in a reasonable amount of time. Unfortunately, the process is not always as straightforward as it should be.

What does it mean when a body shop is paying your deductible?

While this can be a tempting offer, paying your deductible indicates the body shop is artificially inflating their estimates to cover the deductible amount, revealing unethical behavior .

Can an insurance company cut corners after an accident?

No matter which insurance company or repair shop does the repair work after an accident, they have to perform the work in safe and reasonable way, and cannot cut corners or perform defective or unsafe repairs and hide that from you. Negligent repair shops will overlook or try to repair damage that requires replacement.

Does at fault insurance cover car repairs?

The at-fault driver’s insurance company is usually contractually obligated to cover your car’s repairs, but its loyalties ultimately lie with its shareholders. It will pay for repair of the damage with an eye towards containing the costs, and that might just leave you driving an unsafe car that may lead to further problems.

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.

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.

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.

How to win a mechanic's compensation case?

This is used as a delay tactic by your opponent and is meant to frustrate the process, as well as you. If that occurs, it is likely that the decision made by the court will be in your favor. If no decision is made by the court, simply calm down, persistently follow up with your matter with the court, or even hire a lawyer until the matter is solved. 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 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.

Is a mechanic a scam?

Thus, a mechanic could be held liable not only for the costs of repair but also for the potential accident. If you believe that the mechanic shop is a scam, you should not leave or even carry your vehicle there.

Can you sue a mechanic for overcharging you?

It is important to remember, however, that it is illegal in many places to sue a mechanic for overcharging you!

What is the most common automotive repair scam?

Misrepresentation Intentional misrepresentation of what repairs are needed is one of the most common automotive repair scams. Unethical mechanics are able to get away with misrepresenting what problems a car has because most people have very little automotive knowledge.

What is a replacement part scam?

Replacement Parts and Counterfeit Parts Scams – Another common maintenance scam used by mechanics to cheat their customers is the replacement parts scam. This scam involves charging the customer for parts that were not used. The counterfeit parts scam involves using cheap, knock off parts rather than quality parts and charging the customer as though quality parts where used.

Is a repair estimate a scam?

Repair Estimate Scams – This auto repair ripoff scam typically occurs when the customer receives only a verbal cost estimate when he drops his car off at the shop. Once he returns to pick up his car, the final cost is significantly higher than the verbal estimate he originally received. The best way to avoid this auto repair scam is to always request a written estimate and instruct the service department not to make any repairs other than those you've discussed without first contacting you.

Why don't mechanics respond to BBB complaints?

Reasons Why Some Mechanics Respond to BBB Complaints. If the mechanic is accredited with the BBB and they don't respond to a BBB complaint, their accreditation may be revoked and the complaint becomes part of their BBB profile. If the mechanic is not Accredited with the BBB, the complaint will become part of their BBB profile.

What to do if your car is taken to the mechanic but they failed to fix it?

Took your car to the mechanic but they failed to repair it or did a terrible job? You have several options including submitting a complaint to the California Bureau of Automotive Repairs (also known as "BAR").

What happens if a mechanic is not a BBB?

If the mechanic is not Accredited with the BBB, the complaint will become part of their BBB profile.

What is the BBB complaint?

The BBB handles a broad range of complaints against mechanics. Here are some examples: When a mechanic damages your car. When you took your car to be repaired but your car is still having mechanical problems. When a mechanic doesn't provide you with an estimate prior to doing the work on your car.

What to do if no agreement is reached after a Bureau of Auto Repair complaint?

What to do if no agreement is reached after a Bureau of Auto Repair complaint? You may want to try suing in a California small claims court or filing a complaint with the BBB.

How long does it take to receive a complaint from Bar?

Once you submit your complaint to the BAR, you will receive a postcard within 10 days as confirmation that BAR has received your complaint. The postcard will contain your case number and your assigned BAR representative.

What are some examples of mechanics?

Here are some examples: When a mechanic damages your car. When you took your car to be repaired but your car is still having mechanical problems. When a mechanic doesn't provide you with an estimate prior to doing the work on your car. When you feel you were overcharged for the work the mechanic did.

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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...
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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.
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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 …
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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