When an individual leaves their vehicle with a mechanic for repairs in California, they are entering into a contractual relationship between themselves and the mechanic. Specifically, leaving a vehicle with a mechanic creates a bailment relationship.
A bailment relationship occurs when one party temporarily transfers their property to another party for a limited time and a specified purpose. Importantly, in a bailment relationship, ownership of the property is not transferred.
While a person’s vehicle is in the California repair shop’s possession, the mechanic is required to treat the vehicle with reasonable care. As such, if the mechanic does not treat the vehicle with care or otherwise violates the terms of the agreement, they may then be liable for any damages.
In general, the laws concerning mechanic liability can be found under local state consumer protection laws. Consumer protection laws are government regulations that protect consumers from fraud or abuse, including defective mechanic work and defective car repairs.
In California, a mechanic will generally be liable for:
- Incorrect Repairs: If the mechanic fails to fix an issue completely or with reasonable care, and that failure results in problems with the vehicle, the vehicle owner may have grounds to sue the mechanic to hold them liable.
- In general, the car owner will sue the mechanic based on the theory of negligence, where the negligence of the mechanic resulted in the creation of a hazardous situation for the vehicle owner and other drivers;
- False or Bad Estimate: California consumer laws require mechanics to be transparent regarding repair details before completion.
- As such, if a mechanic provides an inaccurate or dishonest quote for necessary costs, the vehicle owner may seek legal recourse.
- Additionally, a mechanic may also be held liable if they perform any unauthorized or unnecessary work on the vehicle;
- Breach of Warranty: If a mechanic promises or makes a guarantee that a repair on a vehicle will last for a certain time, and the repair does not, the mechanic will be responsible for making repairs.
- As such, failure to make repairs may result in a breach of warranty claim being filed against the mechanic by the vehicle owner; and/or
- Fraudulent Charges: If a mechanic bills for services or parts that they did not actually perform or provide, then the vehicle owner may seek damages by suing them for fraud.
In addition to the above list, a mechanic may also be sued for any other damages that may occur while the vehicle is in the mechanic’s possession. Additionally, if the mechanic defrauds their customers or steals their customers’ property, the mechanic could face criminal charges for car repair warranty law violations.
It is important to note that in California, many repair shops will include disclaimers or a statement that limits their scope of obligations in an attempt to limit their liability for lost or stolen property. However, a vehicle repair shop cannot utilize a disclaimer to limit their own personal liability or intentional torts.
For instance, if a mechanic takes a customer’s vehicle for a joy ride, and then the vehicle is wrecked or damaged, they will be liable for such damages, regardless of any waiver that the vehicle owner may have signed.
It is important to note that if a mechanic were to advise a vehicle owner in California that they need more time to properly repair their vehicle, but the vehicle owner refuses the advice, the mechanic may not be liable for any damages. In other words, the vehicle owner may not recover as much from the mechanic, as California is a pure comparative negligence state.
What Penalties Can a Mechanic Face for Fraud in California?
A mechanic who commits fraud in California can face both criminal and administrative penalties. Fraud or theft by false pretenses is a crime. If the amount involved is $950 or less, the offense is usually charged as a misdemeanor. If the amount is more than $950, it may be charged as a felony, which can carry jail or prison time.
The California Bureau of Automotive Repair (BAR) can also take action against a shop’s license. The BAR may suspend or revoke a mechanic’s registration for fraud, gross negligence, or failure to follow the law. The BAR can also seek civil penalties and court orders to stop illegal activity.
California law also lists specific acts that can trigger BAR enforcement. These include lying about the condition of a vehicle, performing unauthorized work, and failing to keep proper records.
Does the Type of Vehicle Affect a Mechanic Liability Claim?
The type of vehicle generally does not affect your right to file a claim against a mechanic. Whether you own a car, truck, motorcycle, or RV, the same California consumer protection laws apply. What matters is what the mechanic did or failed to do, not the kind of vehicle involved. The focus of any claim will be on the mechanic’s actions, the terms of your agreement, and the damages you suffered.
How Long Can a Mechanic Legally Keep Your Car to Fix?
In the state of California, the legal time period for a mechanic to fix a consumer’s car is 30 days. This means that if a mechanic keeps a consumer’s vehicle beyond 30 days, the vehicle owner has the right to take legal action using the “Lemon Law.”
In California, the Lemon Law is a state law that is designed to protect consumers who purchase or lease new vehicles that later turn out to be defective. Importantly, a vehicle is considered to be a “lemon” if the vehicle has been out of service for 30 days or more. If this is the case, the vehicle owner may sue the dealership to replace the vehicle or to have the vehicle’s purchase price refunded to them.
However, it is important to note that the Lemon Law only applies to mechanics in a car dealership. This means that the law does not apply to independent repair shops. This means that independent repair shops have no limit to how long they can keep an individual’s vehicle. However, an owner has the right to possession of their property.
What if My Car or Its Contents Are Stolen While in the Mechanic’s Possession?
Once again, in the state of California, a mechanic is legally required to take reasonable care to protect your vehicle while it is in their possession. As such, if your car or the contents of your car are stolen while in the mechanic’s possession, the mechanic may be held liable for the theft of your vehicle or the vehicle’s contents.
It is important to note that if the mechanic and the shop took all reasonable steps in order to ensure the safety of the vehicle, they would likely not be held liable for the vehicle loss. Importantly, many repair shops in California will have insurance coverage that could help cover an individual recoup losses related to theft.
In the event the contents of the vehicle have been stolen or the vehicle itself has been stolen, law enforcement will need to be contacted in order to investigate the theft, as well as potentially recover the contents or vehicle. Further, the police report is valuable evidence during any civil lawsuit that the vehicle owner may initiate against the mechanic.
In California, there are garage keeper liability laws that will protect an individual’s vehicle as well as items connected to their vehicle. Examples of items connected to a vehicle include any car stereos, tires, and catalytic converters. However, personal property that is stored in a vehicle, such as laptops and sunglasses, is not typically covered by garage keeper liability laws.
Can I Sue a Mechanic for Misdiagnosis?
As mentioned above, if a mechanic in California misdiagnoses a vehicle problem or recommends and makes unnecessary repairs, the mechanic may be held liable for the misdiagnosis. This means that the vehicle owner may seek a different mechanic to make necessary repairs and sue the original mechanic for their misdiagnosis.
A local attorney in California can assist in pursuing legal action for a mechanic issue.
What Evidence Do I Need to Sue a Mechanic?
A police report is helpful if theft was involved, but there are other types of evidence that can support your case against a mechanic. Useful documents include:
- The original repair order or work authorization
- Invoices and receipts for the work performed
- Written estimates the mechanic gave you before starting repairs
- Photos or videos showing the damage or faulty work
- Text messages, emails, or other records of communication with the shop
- A second opinion or repair estimate from another mechanic
Keeping organized records from the start of your dispute will make your case stronger, whether you file in small claims court or civil court.
How Do I Sue a Mechanic?
In order to sue a mechanic in California, the person who allegedly suffered damages, who is known as the plaintiff, will need to draft and file a civil lawsuit against the mechanic. Once again, the basis for the civil lawsuit will be dependent on the specific facts of the case.
The lawsuit will need to either be filed in the local district court or in small claims court, depending on the damages that are alleged to have occurred. For a small claims court lawsuit, the plaintiff will need to complete the SC-100 Form, which is the form used for small court cases.
After deciding on the appropriate court, the plaintiff will then need to file a civil lawsuit against the mechanic. Then, the mechanic will have a period of time to respond to the lawsuit. Next, a formal hearing may be necessary.
In addition to filing a civil lawsuit, the person alleging a mechanic harmed them may also consider filing a complaint with the California BAR. The BAR handles consumer complaints related to automotive repairs. The vehicle owner can submit a complaint online or via mail.
What Should I Include in a BAR Complaint?
When filing a complaint with the California Bureau of Automotive Repair, you should include as much detail as possible. This includes the name and address of the repair shop, the date of service, and a description of the problem.
You should also attach copies of your repair order, invoice, and any written estimates the shop gave you. Photos of the damage or faulty repairs can help support your complaint.
BAR will review your complaint and may assign a representative to mediate the dispute. Filing a BAR complaint is free and can be done online or by mail.
What Is the Deadline to Sue a Mechanic in California?
California law sets time limits, called statutes of limitations, for filing a lawsuit against a mechanic. The deadline depends on the type of claim:
- Written contract claims: 4 years from the date of the breach
- Oral contract claims: 2 years
- Negligence or personal injury claims: 2 years from the date of the injury
- Fraud claims: 3 years from the date you discover the fraud
If you miss the deadline, the court will likely dismiss your case. Because the clock may start on a different date depending on the facts, it is a good idea to speak with a California attorney as soon as possible.
How Much Does It Cost to Sue a Mechanic in California?
The cost of taking legal action depends on the type of case. In California small claims court, filing fees range from $30 to $100, depending on the amount of your claim. You may also need to pay for serving the lawsuit on the mechanic. If you cannot afford the fees, you may ask the court for a fee waiver.
For cases filed in civil court, filing fees are higher. You may also have attorney fees if you hire a lawyer. Many consumer protection attorneys offer free consultations and may work on a contingency basis, meaning they only get paid if you win.
What Does Mechanic Liability Insurance Pay For?
Mechanic liability insurance in California provides repair shops coverage for various scenarios related to their repair shop. Examples of common items that liability insurance can provide coverage for include:
- Accidents that are caused by mechanic errors;
- Accidents that occur during vehicle test drives;
- Theft or robbery that occurs for items stored in the garage, including theft of a customer’s vehicle or vehicle’s contents.
Should I Handle a Mechanic Dispute on My Own?
Some vehicle owners may consider handling a mechanic dispute without a lawyer, especially for smaller claims. California small claims court is designed for cases up to $12,500 and does not allow attorneys to represent parties at the hearing.
However, even in small claims court, preparing a strong case takes time and effort. You will need to gather evidence, file the right forms, and present your argument clearly to a judge. Mistakes in filing or missing a deadline could hurt your case.
For claims involving larger amounts, fraud, or disputes with a shop’s insurance company, having a lawyer on your side can make a real difference. An attorney can help you understand your legal options, build a stronger case, and make sure your rights are protected.
Do I Need a California Attorney for Help with Auto Mechanic Liability Issues?
You may be having issues with defective car repairs made by a mechanic in California. If so, it may be in your best interests to consult with an experienced California consumer protection lawyer. An experienced California auto lawyer will be able to help you determine if you can hold the mechanic liable for your damages, as well as assist you in initiating a civil lawsuit. Finally, an attorney can also represent you in court, as needed.
