What if My Car or its Contents are Stolen While in the Mechanic’s Possession? 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. In the event that the owner decides they want to sue, they should contact a local automotive lawyer for further assistance.Īn automotive lawyer can determine whether they have a viable claim, how much the individual will recover if they win the lawsuit, and can discuss other potential options that may be available for legal recourse.Īn automotive lawyer may also reach out to the repair shop and/or mechanic on a vehicle owner’s behalf before filing a claim. If the mechanic and/or repair shop refuses to or cannot fix the damage done, then the vehicle owner should consider taking legal action. Savvy businesses strive to keep their customers happy, so oftentimes a mechanic will repair the problem that they caused for free. Alternatively, if the repair shop has an insurance policy, then damages will most likely be covered by the repair shop’s insurance.īefore immediately taking legal action, however, a vehicle owner should first speak to the mechanic or individual in charge of the repair shop, and ask if they would be willing to fix the damage. 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.
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. What Can I Do If a Mechanic Damages My Car While It’s Being Repaired?
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. In a misdiagnosis negligence case, the vehicle owner will need to prove that the mechanic failed to exercise the same level of care that any other reasonable auto repair mechanic would have used in the same or a similar scenario. The most common option of legal recourse is to sue the mechanic for negligence. However, if the mechanic or repair shop refuses to accept responsibility or claims that it is not their fault, then the vehicle owner may seek legal recourse for a misdiagnosis. For instance, if a vehicle is making a strange sound that the mechanic determines is part of the steering system, when in fact it is actually coming from the brakes, then this will be considered an example of a misdiagnosis.Ī good and honest mechanic or repair shop will immediately confess to their error in judgment and will typically fix the issue for no charge. Thus, you may be able to sue for mechanic malpractice or negligence if your mechanic failed to disclose exactly what work was being done on your vehicle, gave you price rates that were missing certain estimates, or if they neglected to repair your vehicle in a timely and reasonable fashion.Ī mechanic misdiagnosis, also known as a “faulty diagnosis” or simply as a “mistaken repair”, occurs when a mechanic does not identify the true problem. Once it was discovered that mechanics could lie and bolster the price of car parts or service rates, consumers began filing claims for mechanic malpractice, or more accurately, mechanic negligence. Part of the reason that these state laws were passed was to prevent mechanics from taking advantage of uninformed customers. Such laws typically provide guidelines for repair shops to abide by like correcting improper repair work without charging a car owner an extra fee or conspicuously posting the prices of car parts where consumers can see them.
For instance, many states have laws that address unfair and deceptive practices in car 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.Įach 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. Mechanic repair lawsuits refer to a large umbrella of cases that involve issues regarding vehicle repairs and mechanics or automobile repair shops.
When Can I Hold an Automobile Mechanic Liable?
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