what type of lawyer to sue a 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.

Full Answer

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...

Can you sue a mechanic shop for negligence?

Can you prove the defendant’s negligence caused your loss? You have the right to sue your mechanic shop if your car is more damaged or causes greater problems that you have not had before.

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 take an auto shop to Small Claims Court?

You can take an auto shop to a small claims court if the total damages you have suffered are $15,000 or less. This cost in total damages may not apply to all countries.

How do I sue a mechanic shop in Virginia?

If you need to sue the first mechanic/repair shop for the faulty repair work and if the cost to correct the defective work is less than $25,000, you may file a Warrant in Debt in the General District Court where the mechanic/repair shop is located.

How do I sue a mechanic in Nevada?

You may file a complaint with the Better Business Bureau (BBB) of Southern Nevada 702-320-4500. After you file a written complaint, the BBB as a neutral third party contacts the garage to attempt to resolve the dispute.

Who regulates auto repair shops in Georgia?

ASA is dedicated to and governed by independent automotive service and repair professionals.

How do I file a complaint against an auto repair in NY?

Auto Repair ComplaintAgency: New York State Department of Motor Vehicles.Division: Vehicle Safety Licensing Complaints.Phone Number: (518) 474-8943.Business Hours: Monday - Friday: 8:15 AM - 4:15 PM.Staff is available through the automated phone system during business hours.

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.

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 are the rights of a mechanic?

Under the Consumer Guarantees Act, your mechanic must do what you both agreed and complete work with reasonable care and skill. If they do not, you must give them time to put it right. You can ask the Motor Trade Association (MTA) to help if the garage is an MTA member.

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.

Can a mechanic keep your car in Georgia?

If the mechanic has already worked on your car, and you refuse to pay the repair bill, the mechanic can legally keep your car until you pay for the repairs.

What does filing a complaint with the attorney general do?

Complaints are used by the Attorney General's Office to learn about misconduct and to determine whether to investigate a company. However, the Attorney General's Office cannot provide legal advice or assistance to individuals.

What happens if the mechanic doesn't fix?

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. You must establish that your problem isn't a legitimately honest mistake and that the mechanic refused to work with you to remedy the situation.

What to do if a mechanic overcharges you?

What To Do If You Think A Mechanic Overcharged You Remain calm - This is easier said than done as your natural reaction is to get upset at the charges. ... Politely ask for an explanation - Ask whoever is helping you to explain the charges for the work performed.More items...•

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 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 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 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.

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 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 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 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.

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.

How much can you recover from a small claims claim in Texas?

For instance, in Texas, small claims courts can have an application amount to be recovered at a minimum of $10,000 since most cars cost less than the amount of $20,000 and the majority of auto repairs are even less. Nevertheless, most small claims courts let you claim for damages if the claim is within the range of $10,000 or less.

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.

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 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 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 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.

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.

Can a mechanic be liable for a worn out tire?

If the person receiving the advice ignores the advice, fails to change the tire, and then the worn-out tire causes damage, the mechanic is not liable. Mechanics are not liable for users’ negligence. In addition, a mechanic who provides services and does not receive payment may file a mechanic’s lien on the vehicle.

Can a mechanic file a lien on a vehicle?

In addition, a mechanic who provides services and does not receive payment may file a mechanic’s lien on the vehicle. This lien (claim on property) may entitle the mechanic to keep the vehicle until payment is made. A lien is not valid when the mechanic did not perform the services for which the money is sought.