In short, it depends. In New York, auto repair shops and mechanics can be held legally responsible if their repair work causes damage due to negligence. In New York, negligence is the failure to exercise reasonable care under the circumstances, resulting in harm to another person.
In other words, if they fail to properly fix a vehicle, whether by using incorrect parts, overlooking clear issues, or doing subpar work, and that failure leads to harm or a malfunction, they could be liable under New York tort law for breaching their duty of care.
Mechanics are also subject to rules under the Repair Shop Act, found in Title 15 New York Codes, Rules and Regulations (“NYCRR”) Section 82.1 and beyond. That Code sets out customer rights and shop obligations.
For instance, mechanics and shops must provide itemized estimates, obtain customer consent before starting work, and issue thorough invoices. Failing to follow these rules could expose a shop to claims for breach of contract or deceptive practices.
If a defective car repair is the cause of an accident or injury, the victim also has legal recourse to bring a personal injury lawsuit. Success in personal injury cases based on faulty auto repairs hinges on the plaintiff (i.e., the party that was allegedly harmed) demonstrating that the mechanic owed them a duty, failed in that duty, directly caused the harm, and that there were actual damages.
Customers can also report issues to the New York Department of Motor Vehicles (“DMV”), which oversees auto shops. The NY DMV may investigate and impose penalties on mechanics. However, financial compensation for the injured party generally has to be pursued through the courts, such as small claims or civil court. A lawyer for faulty car repair can assist you with pursuing such a claim.
How Long Can a Mechanic Legally Keep Your Car for Repair in New York?
In New York, there is no written rule limiting how long a mechanic can keep your vehicle during repairs. Instead, the work is expected to be finished within a reasonable time. What is considered to be reasonable depends on the complexity of the repair, how quickly parts can be sourced, and how busy the shop is. Ongoing updates and clear communication between the repair shop and the car owner help prevent misunderstandings or legal issues.
It is important to note that if payment for the repairs hasn’t been made, mechanics are allowed to hold onto the vehicle using what is known as a mechanics lien. This lien gives them the right to keep possession of the car until the bill is settled. Should the owner fail to pay over time, the shop can begin legal steps to sell the car, but they must follow formal notification procedures set by New York law.
Once the repair job is done, the mechanic should let the owner know promptly. If the car is not picked up soon after, the shop may charge storage fees, as long as those fees were part of the original agreement. However, if the shop doesn’t communicate clearly or drags things out longer than necessary, their claim to those fees could be disputed.
If you think that a mechanics shop is holding your car unfairly or repairs are being delayed without good reason, you can lodge a complaint with the New York DMV’s Consumer Complaint Unit, or take private civil action against them in small claims court to enforce your rights.
Can You Sue a Mechanic for Misdiagnosis?
Yes, you are legally allowed to take legal action against a mechanic in New York for misdiagnosing your car’s problem. This is especially true if it results in more damage, wasted expenses, or jeopardizes your safety.
A faulty diagnosis may fall under negligence if the mechanic failed to apply the care and skill reasonably expected in their profession. This is true whether they missed clear warning signs, replaced the wrong parts, or performed repairs that weren’t necessary.
In order to move forward with a case against the mechanic for a misdiagnosis, you’d need to establish four key elements:
- That the mechanic owed you a duty of care
- That they violated that duty through their misdiagnosis
- That this mistake directly caused you harm
- That it led to measurable losses
Things like receipts, written estimates, and expert assessments can all strengthen your case.
You might also have a valid argument under contract law, especially if the mechanic billed you for services they didn’t perform correctly or misrepresented the scope of the repairs. Some misdiagnoses could even fall under consumer fraud, which New York law also prohibits.
Once again, if you suffered an injury or accident as a result, the situation may escalate into a personal injury claim. Additionally, for financial disputes or smaller claims, small claims court is often the best route.
What Can I Do if a Mechanic Damages My Car While It’s Being Repaired?
If your car was damaged while in a repair shop in New York, then you have the legal right to seek compensation under negligence or contract law. First, you should begin by gathering clear proof of the damage and negligence.
Photos of the damage, receipts, and any written or verbal communications are all useful pieces of evidence. Next, you should contact the repair shop and ask if they’ll file a claim with their insurance provider.
If they will not accept responsibility for your damages, then you can bring the issue to the New York DMV’s Consumer Complaint Unit so they can conduct an investigation. You can also take your case to small claims court and file a private civil lawsuit.
What if My Car or Its Contents Are Stolen While in the Mechanic’s Possession?
If your vehicle or belongings were stolen while at a repair shop in New York, then you may be entitled to compensation under negligence or bailment principles. Once again, repair shops have a duty to protect customers’ property in their custody by locking vehicles, securing facilities, and handling keys responsibly.
As such, if they fail to take reasonable precautions and theft occurs, they could face motor vehicle theft punishment. You should promptly file a police report, notify your insurance provider, and collect any supporting documentation evidencing the contents that were stolen.
This includes items such as invoices, messages, or surveillance footage. If the shop denies responsibility, then you have the option to seek recovery through small claims court or by consulting a lawyer who specializes in consumer protection laws.
How Do I Sue a Mechanic?
In order to sue a mechanic in New York, you’ll usually go through small claims court if your losses are $10,000 or less. You might base your case on the legal theory of negligence, breach of contract, or consumer protection violations.
It is always best practice to first attempt resolving the issue directly or through the New York DMV’s Consumer Complaint Unit before filing a lawsuit. If that does not work, then the following is a guide on suing a mechanic:
- Gather evidence: You should first collect photos, receipts, written estimates, and communication to be used as evidence to prove your claim
- Send a demand letter: You should then request compensation or action in writing from the mechanic
- File a DMV complaint: Once again, a complaint may prompt investigation and help you resolve your issue
- Go to small claims court: If unresolved, you should file your claim in the appropriate court and present your case
- Consider legal advice: Setting up a legal consultation with a New York lawyer is especially helpful for complex or disputes that involve a high dollar amount
What Does Mechanic Liability Insurance Pay For?
Mechanic liability insurance in New York generally provides coverage for injuries or property damage that occur as a result of repair-related activities. The insurance often includes garagekeepers coverage, which protects customer vehicles while stored or serviced at the facility.
Coverage may also offer errors and omissions protection for mistakes like poor repairs or misdiagnoses. Depending on the insurance policy, it can also extend to business interruption coverage and commercial property protection for the shop’s assets and equipment. LegalMatch can assist you in locating an attorney who is experienced in handling a defective mechanic work lawsuit, and who can also answer any questions you may have.
Do I Need a New York Attorney for Help With Auto Mechanic Liability Issues?
If you are having issues with defective car repairs made by a mechanic in New York, or are having another issue involving a mechanic where you have suffered damages, then it is recommended to immediately consult with an experienced New York auto mechanic lawyer.
An experienced New York consumer protection 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, they can also represent you in court, as needed.
