People often use cars for many different tasks, including going to work, taking care of family, and meeting other daily needs. When an individual relies on their car every day, the expense and inconvenience associated with a needed repair can be stressful.
An automobile mechanic usually performs services and repairs on an individual’s car when they are needed. Sometimes, a car will be returned to its owner with a repair that ends up being defective.
A defective car repair can make the car unsafe to operate. It can also increase the risk of injury to the individuals in the car and other drivers on the roadway and even cause an automobile accident.
If a car accident does occur because of a defective car repair, it can also cause other issues, such as missing work and medical costs. If an individual finds that their car is returned to them with a defective repair, especially if it caused them to have an accident in their car, they can get help from an auto repair lawyer.
If an individual has an issue with their car repair in the State of Maine, they should contact a local attorney in Maine as soon as they can to evaluate their case and see what remedies they may be able to get.
What Are Some Examples of Defective Car Repairs?
Defective car repairs can result from many different actions of a mechanic or repair shop, including, but not limited to:
- Leaking hoses or other replacement parts;
- Improper part replacement;
- Defective mechanic work;
- Defective bodywork;
- Improper wiring jobs;
- Defective paint jobs.
There are steps that a car owner can take to avoid these types of issues when they are considering a mechanic or shop for their repair. They can do online research about the mechanic or company, ask family and friends for reviews, and visit the shop itself.
The shop should display or have available for review their licenses, certificates, and other operating certificates. An individual should also be able to ask questions about the type of repair they need and receive information or an estimate.
What Is the Difference Between a Defective Car Repair and a Defective Product Recall?
Defective car repairs are not the same as defective automobile product recalls. A defective car repair, as discussed above, is work that is not properly or completely performed on a vehicle that may result in additional damage, injuries, or accidents.
A defective product recall may be issued for a specific model or year of a car because of a manufacturing defect. An automobile recall is issued when there are safety hazards that may cause injuries to drivers or passengers resulting from an issue with the vehicle.
Issues related to safety that may cause an automobile recall to be issued may include:
- An electrical or computer issue;
- Misaligned steering mechanisms;
- Issues or defects with the exhaust, fuel, or cooling systems;
- Defects in safety equipment;
- A defect in the gas pedal or brake pedal; and
- Structural issues with:
- The transmission;
- The body;
- The frame;
- The engine assembly.
There are federally issued safety standards for cars that outline the minimum performance requirements for all parts of a car that affect its operation, such as:
- Tires;
- Lighting;
- Steering wheels;
- Brakes;
- Other parts installed for the protection and safety of the car’s driver and passengers.
If a vehicle part does not meet the federal minimum standards or if there is a safety-related defect in the equipment in the car, a recall can be issued. A recall typically allows a vehicle owner to take their vehicle to the dealership for a repair of the issue at no cost.
It is also important to note that if an issue still exists after a repair has been attempted multiple times, it may fall under the vehicle lemon laws in Maine.
What Should I Do Regarding a Defective Car Repair?
If an individual receives a defective car repair and needs advice on what steps to take, a lawyer for car issues in Maine can help. Typically, work done on vehicles is completed under a contract between the customer and the repair shop that performs the work, which covers:
- The terms of required payment;
- The length of time the repair should take;
- Other important aspects of the repair.
If there is an issue with the repair, an individual should first review this repair contract. They can then contact the mechanic or shop and ask if they would fix the issue.
If they are not willing to try and fix the problem, an individual’s lawyer can send a request to the mechanic or shop to fix the problem in order to avoid litigation. Many establishments will try and keep the customers happy to avoid bad reviews, bad press, and costly litigation.
If these tactics do not work, a lawyer can file a lawsuit on the customer’s behalf, asking for damages to cover the losses they suffered related to the defective car repair.
What Documentation Do I Need When Dealing with a Defective Car Repair?
In order to be able to file a lawsuit for a defective car repair, there are documents that an individual should always keep whenever they have work done on their car, including:
- Purchase and repair warranties;
- Repair receipts;
- Insurance documents;
- Communication between the customer and the mechanic or shop; and
- Other documents or correspondence related to the repair.
These documents will serve as evidence of what should have been done and can also be used to show that the repair was, in fact, defective.
How Do I Sue for Defective Car Repair Issues?
Typically, lawsuits related to defective car repairs will be based on negligence or the carelessness of the mechanic or repair shop related to the repair. Examples of issues that commonly serve as the basis for a defective car repair lawsuit include:
- Failing to perform the correct repair procedure;
- Failing to completely repair damaged parts;
- Installing the wrong parts;
- Failing to identify a necessary repair that another similarly trained mechanic would have identified;
- Causing additional damage while performing the repair.
Can You Sue a Mechanic in Maine?
Examples of common issues that come up related to defective car repairs include:
- Incorrect repairs;
- This happens when a mechanic claims an issue was fixed when, in fact, it was not completely or accurately remedied;
- Bad estimates;
- There are laws that protect consumers which require transparency regarding the details of car repairs as well as require accurate quotes to be provided;
- Breaches of warranty;
- Most vehicles come with a warranty that, if a mechanic fails to honor or cover the cost, may be considered a breach of that warranty; and
- Fraud;
- This arises when a mechanic charges for services or parts that they did not actually provide.
An individual should reach out to an attorney as soon as they can after they discover the defective car repair because there will likely be a statute of limitations that limits the time they have to file their claim. If they miss the deadline to file their lawsuit, they will be barred from recovery.
Should I Talk to a Lawyer for Help with a Defective Car Repair Claim?
A defective car repair can affect nearly every aspect of your life, including getting to your job, taking care of loved ones, and completing everyday necessary tasks. If your car was defectively repaired in Maine, you should consult with a Maine liability lawyer as soon as possible.
Claims for defective car repairs can be complex and are best presented by trained lawyers. Your lawyer will review your issue and give you the best possible chance at obtaining compensation for your losses.
If the defendant wants to negotiate a settlement with you to avoid going to trial, your lawyer will represent you during negotiations. If you go to trial and have to appear in court, your lawyer will represent you.
A defective car repair can cause undue stress and financial burdens, so having an attorney handle your claim will help ease some of that burden.
