A mechanic can be liable for harm that they cause if they provide faulty work on vehicles and for other reasons as well. An attorney consultation with a Florida lawyer would help a person understand an auto mechanic’s possible liability.
Most people can readily imagine the damage that can befall vehicle owners and their passengers because of faulty mechanical work. Some examples are as follows:
- Repair of Tire Punctures: Flat tires that have been improperly repaired can create the risk of harm to the lives of drivers and passengers in a vehicle. For example, a punctured tire that is not repaired properly can cause the tread to separate from the tire. This separation, in turn, can cause the driver to lose control of the vehicle and crash with devastating consequences.
- Faulty Brake Repair: Most people understand that brake failure can cause a fatal vehicle accident. Brake failure has been the cause of many serious accidents, and they happened soon after the brakes had been serviced.
If a driver senses that their brakes are weak or “spongy” after servicing, they want to take the vehicle in for service again right away. Early signs of brakes that could fail are brakes that take longer to bring the vehicle to a stop or brakes that generate less braking power when the brake pedal is depressed.
- Loose Caps, Nuts, and Bolts after Repair: After routine maintenance or the repair of mechanical problems, the parts of a vehicle may not be properly tightened and secured. A simple cap, nut or bolt that has not been correctly tightened can have huge consequences. For example, a tire that has not been securely fastened to an axle might fall off a car while it is traveling down the highway. As most people can imagine, this could cause a serious accident with catastrophic consequences for the people in the vehicle.
Experts recommend that before hiring a mechanic, a consumer should verify that a repair shop is registered with the Department of Agriculture and Consumer Services. This is required by Florida law. They also suggest that a person research a mechanic or repair shop online and check with the Better Business Bureau. A person can find out if complaints or legal actions have been taken against a repair shop that a person is considering.
If a repair is significant, it would pay to get more than one estimate. A vehicle owner would want to get several opinions as to what needs to be done to fix their vehicle and what the cost would be. They might ask the technicians questions in order to fully understand their recommendations.
How Long Can a Mechanic Legally Keep Your Car for Repair in Florida?
Florida law is not particularly helpful when it comes to the issue of the length of time a shop or mechanic can keep a car for repair. There is no specified time limit in Florida within which a vehicle repair must be completed. Rather, the legal standard in Florida is a “reasonable time.” The definition of “reasonable” depends on the specific circumstances of the repair.
What is reasonable would depend on such factors as the complexity of the work, the age and type of the vehicle, and the availability of necessary parts.
In Florida, a mechanic does have a right to hold an individual’s vehicle until the owner pays the mechanic for work performed on the vehicle. This is not a mechanic’s lien. Oddly, mechanic’s liens are used in the construction industry but not in connection with auto repairs. A mechanic’s right to hold onto an individual’s vehicle until their bill is paid is known as a “possessory lien.”
Can You Sue a Mechanic for Misdiagnosis?
A mechanic who fails to exercise the standard of care of a vehicle that is expected of mechanics can be liable for negligence. A mechanic’s negligence could certainly involve a failure to correctly identify a vehicle’s mechanical problem. It could involve repair work that is faulty and inadequate.
For example, if a vehicle owner were to take it to a mechanic to assess a problem and then experience an accident because a problem with the vehicle was not identified and repair recommended, the mechanic could be liable for negligence. A mechanic could also be liable for negligence for a defective car repair also.
What Can I Do if a Mechanic Damages My Car While It Is Being Repaired?
A mechanic is generally going to be liable for damage sustained while the vehicle was in the mechanic’s possession. If a person finds that their vehicle has been damaged while it was in the repair shop, they should document the damage immediately, notify the mechanic or shop owner and ask them for a written statement acknowledging the damage.
The vehicle owner would also want to review any written agreement they may have with the mechanic or the shop to see if it disclaims responsibility for stolen vehicles or stolen contents from vehicles. A mechanic or shop may have such a policy posted on the premises in a place in which customers can view it.
The vehicle owner then wants to contact their own insurance company for possible guidance in making a claim against the mechanic’s liability policy. Generally, however, a mechanic would be the one to submit a claim to their own insurance company if a customer were to submit a claim to them. The vehicle owner can also submit a claim to the Florida Department of Agriculture and Consumer Services.
If these efforts do not produce a resolution, the vehicle owner could file a lawsuit for damages for negligence and/or breach of contract. They would probably want to have a lawyer send the mechanic or shop a demand letter. This should motivate the mechanic to contact their insurance company about the claim and may stimulate a settlement. If it does not produce a result, then they could file a lawsuit for damages.
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What if My Car or Its Contents Are Stolen While in the Mechanic’s Possession?
If a person’s vehicle or its contents are stolen while in a mechanic’s possession, they want to check with the mechanic and ask if they have surveillance cameras, which might reveal what happened. They should report the loss to the police with details about what was stolen and when. Someone in the mechanic’s employ might be facing a criminal charge and motor vehicle theft punishment.
A person would then file a claim with their own auto insurance company. They would also want to report the incident to the police and then be sure to keep records of all communication with law enforcement and with the mechanic about the issue.
The vehicle owner also wants to carefully document what was stolen with receipts and pictures, if possible. They should check any documents they have received from the mechanic, such as estimates, to see if the mechanic disclaims liability for stolen vehicles or contents while a vehicle is in their possession.
Of course, it is better to avoid this situation by removing all valuables from a vehicle before turning it over to a mechanic for repair work. Or a vehicle owner might have valuables locked in a secure container in the trunk.
How Do I Sue a Mechanic?
It would be a good idea to consult an attorney before suing a mechanic. An attorney could review the facts of a person’s experience with a mechanic and advise them as to whether or not they have a strong claim.
If an individual has suffered harm and economic loss because of a mechanic’s negligence or intentional wrongful conduct, they would sue to recover up to $8,000 in a Florida small claims court. A small claims lawsuit begins with the filing of a Statement of Claim in the office of the clerk of the court in the appropriate county. There are fees and costs associated with a lawsuit, but they are lower in small claims court and a person can represent themselves.
If a person has suffered a loss of more than $8,000, they would want to consult a lawyer for faulty car repair for advice. The vehicle owner could file a defective mechanic work lawsuit in a county court for damages of up to $30,00 and in a circuit court for amounts over $30,000.
What Does Mechanic Liability Insurance Pay For?
Mechanic liability insurance provides coverage for losses that arise from the operation of a mechanic or repair shop. The coverage that a particular mechanic’s policy provides is going to depend on the coverage that the mechanic or shop has purchased for itself from an insurance company.
Of course, every policy of insurance also has policy limits, which are amounts that it pays for losses that are covered. The amount might not cover the entire value of the loss that a person or business has suffered.
Generally, however, a mechanic’s liability policy covers bodily injury, property damage, and professional liability for errors and omissions in services provided. A mechanic would also want to have insurance that covers product liability for defective parts that the mechanic or shop might sell or install in vehicles.
Professional liability insurance should also cover the cost of defense for lawsuits that customers and others might file against the mechanic or shop.
Insurance may cover other possible losses that a mechanic or shop might experience, again depending on the specific terms of a particular policy.
Do I Need a Florida Attorney for Help With Auto Mechanic Liability Issues?
If you have suffered harm because of the actions of an auto mechanic or repair shop, you want to talk to a Florida auto mechanic lawyer. Your lawyer can advise you whether your issue is a subpar repair job, stolen valuables, or a car damaged in the shop. Your lawyer can work to get a resolution and if that is not possible, can represent you in a lawsuit. Your lawyer will be able to guide you to compensation in the best way possible.
