In Texas, a mechanic repair lawsuit can involve many different types of issues related to vehicle repairs, mechanics, and repair shops. For example, a vehicle owner can sue a mechanic for making unnecessary or unauthorized repairs, breach of warranty, or giving misleading or false estimates.
Defective car repair laws protect the average consumer. There are laws that address deceptive and unfair practices by car repair professionals.
These laws usually give repair shops guidelines to follow, such as correcting improper repairs without charging the vehicle owner any extra or posting the prices of car parts clearly where customers can see them.
These laws also help to prevent vehicle mechanics from taking advantage of customers who are unfamiliar with repairs or uninformed. This means that an individual may be able to sue an auto mechanic for negligence or malpractice if they failed to disclose the exact work that was being done on the vehicle, providing inaccurate or incorrect rates or estimates, or not repairing the vehicle in a reasonable and timely manner.
If you have had any issues with automobile mechanics in Texas, it is essential to have a lawyer consultation.
How Long Can a Mechanic Legally Keep Your Car for Repair in Texas?
In Texas, vehicle mechanics can keep an individual’s car for repairs until the customer pays for the services. They may also be able to charge the customer storage fees while they await payment.
This is possible under a mechanic’s lien, which allows the mechanic to keep possession of the car until the bill is satisfied. There is not a specific time limit on how long the mechanic can hold the car, the repairs just have to be completed in a reasonable time frame.
Can You Sue a Mechanic for Misdiagnosis?
When a mechanic makes a misdiagnosis, it is referred to as a mistaken repair or faulty diagnosis. This arises when the mechanic does not identify the actual issue with the vehicle.
For example, when a vehicle is making a strange noise that the mechanic finds is part of the steering system but it is actually an issue with the brakes, it is considered a misdiagnosis. Most of the time, these mistakes are not purposeful.
Honest mechanics will promptly inform the customer about their diagnostic error and will usually fix the issue for no extra charge. If, however, the repair shop or mechanic will not accept responsibility or fault, the owner of the vehicle may be able to seek legal recourse for the misdiagnosis.
One common legal claim used in these situations is negligence. When a mechanic negligently misdiagnoses a car issue, the car owner will have to show that the mechanic did not exercise the same level of care that other reasonable vehicle mechanics would have in the same or a similar situation.
The owner of the car will also need to show that the misdiagnosis was foreseeable, that the carelessness of the mechanic actually caused damage to the vehicle, and that the damage to the car is quantifiable.
What Can I Do if a Mechanic Damages My Car While It’s Being Repaired?
If a mechanic damages an individual’s vehicle while it is being repaired, they may be able to sue the mechanic who caused the damage as well as the shop itself. If the automobile repair shop has an insurance policy, it is likely that the damages will be covered by the repair shop’s insurance carrier.
Before a car owner takes any type of legal action, they should reach out to the mechanic or the person in charge of the repair shop to find out if they are willing to fix the damage. Most businesses want to keep their customers satisfied, so mechanics often repair issues they caused at no charge.
If the mechanic or repair shop will not or cannot fix the damage, the owner should consult with a Texas lawyer to find out what their next steps should be. Their lawyer can help determine if the owner has a viable claim, how much they can recover if they succeed in their defective mechanic work lawsuit, as well as discuss other options that may be available.
A lawyer can also write a letter to the mechanic or shop on the owner’s behalf, explaining the issue and informing them that the customer is prepared to take legal action. An automobile property damage lawyer may be able to convince the mechanic or shop to fix the damage or to settle the issue outside of a courtroom, saving all parties involved time and money.
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What if My Car or Its Contents Are Stolen While in the Mechanic’s Possession?
In general, a mechanic is legally required to take reasonable care to protect an individual’s car while it is in their possession. Mechanics can face motor vehicle theft punishment, but only in some situations.
This may occur when the mechanic leaves the keys in the unlocked vehicle and, as a result, the car is stolen. If, on the other hand, the mechanic took the required steps to ensure the safety of the vehicle, they cannot be held liable for the vehicle theft or other related losses.
Many repair shops carry insurance that helps the owner recover some of the costs. Texas, like other states, also has laws that govern stolen items related to vehicles, called garage keeper liability laws. These protect the vehicle as well as the attached items, such as the stereo, tires, or other parts.
It is important to be aware, however, that mechanics are not usually responsible for theft of personal property taken from a vehicle, such as sunglasses, chargers, or laptops.
How Do I Sue a Mechanic?
In order to sue a mechanic in Texas, the first step is to reach out to a Texas automobile property damage lawyer. An individual should also gather any relevant documents they have related to the repair, such as invoices, contracts, or communication records.
They may then send a demand letter or have their lawyer for faulty car repair do so. In this letter, the individual should outline the issue, explain the resolution they are seeking, and provide a deadline after which they will take legal action. This letter should be sent by certified mail to ensure it is delivered and provide proof.
If the issue is not resolved by the time noted in the letter, the individual’s lawyer can help them determine their next steps. If the damage is less than $20,000, the owner can consider small claims court.
Otherwise, their auto property damage attorney can help them file a claim against the mechanic and shop for damages.
What Does Mechanic Liability Insurance Pay For?
Mechanic liability insurance is a type of insurance policy that is intended to protect repair shops and mechanics from liability that can come up because of unexpected accidents, such as property damage to the car, a faulty repair, or if a customer of a shop is injured while they wait on their repair.
Even though the specific damages that this type of insurance covers varies by policy, they will often cover the following issues:
- Faulty repairs
- Medical expenses
- Physical injuries
- Property damage
- Defective products sold by a shop
Do I Need a Texas Attorney for Help With Auto Mechanic Liability Issues?
When someone leaves their vehicle at a repair shop, the mechanic may be held liable for their conduct that falls below a certain level of care. If you have had any issues with an auto mechanic, it is essential to reach out to a Texas auto mechanic lawyer.
These issues can be difficult to resolve without legal assistance because of the applicable laws governing automobile mechanic liability matters, such as garage keeper laws, negligence, car repair warranty law, bailments, and products liability laws. Your auto mechanic attorney will be able to ensure your rights are protected while fighting for damages to cover your losses.
Get started with LegalMatch’s free attorney matching service today to help find an auto mechanic lawyer near you in Texas who can help. It only takes as little as 15 minutes to get matched with pre-screened and licensed legal help in your area.
