Defective Car Repair Lawsuit in North Dakota

In North Dakota, the term “defective car repair” refers to instances where a vehicle has undergone multiple repair attempts for the same issue, but the vehicle issues still persist. In other words, a defective car repair is a repair that has been attempted on a vehicle by a mechanic or auto shop, but the repair has not completely resolved the issue.

It is important to note that if a vehicle repair is not properly completed, driving the vehicle any further will often result in additional damages to the vehicle. In some cases, this may even result in the vehicle being totaled. Additionally, driving a vehicle with defective mechanic work can also result in injuries to the vehicle driver, their passengers, or other drivers that share the road.

If you are physically injured as a result of a defective car repair in North Dakota, you have a legal right to sue the party that is responsible for your damages. Generally speaking, these cases will be personal injury lawsuits based on the theory of negligence.

Further, in North Dakota, there are several laws and statutes that address defective car repairs and protect consumers in the state when repairs are performed on their vehicle. The North Dakota Lemon Law is a state law that covers repairs attempted on new vehicles. Importantly, the law does not cover motorcycles, motorhomes, or used vehicles.

In North Dakota, your vehicle qualifies as a lemon if the defect hinders the normal operations of the vehicle, the defect makes the vehicle unsafe to drive, or the defect significantly lowers the market value of the vehicle. Additionally, such defects require demonstrating the defect hasn’t been fixed after three repair attempts or resulted in the vehicle being kept in the shop for 30 business days or longer for repairs.

Lastly, there are also other consumer protection laws in North Dakota that provide additional protections to all vehicle consumers who undergo repairs in the state. In North Dakota, the Unfair Trade Practices Law found at Title 51, Chapter 51-10 et seq. holds mechanics or repair shops liable if there were any “unfair, false, misleading, or deceptive acts or practices” that were employed during the repair, modification, or sale of a new or used vehicle.

Importantly, automobile repair shops and mechanics in North Dakota are held to specific industry standards regarding such repairs, modifications, or adjustments made to vehicles. For instance, North Dakota’s lemon laws are one such set of laws that do just that. In addition to defective car repairs, product recalls on known vehicle issues may also impact a vehicle consumer.

What Is the Difference Between a Defective Car Repair and a Defective Product Recall?

Defective car repairs are not the same as defective product recalls. Once again, defective repairs are repairs that have not completely resolved the underlying vehicular issue. These defective repairs are the result of the actions or inaction of a mechanic or auto repair shop. In contrast, a defective product recall concerns a defect that is the result of the vehicle’s manufacturer rather than an attempted and failed repair by a mechanic.

A product recall will notify all automobile consumers about a dangerous defect that may be present in their vehicles. As such, if you receive such a notice, it is important to immediately take action and schedule any necessary repairs that are listed in the notice. Importantly, these repairs should be free.

What Should I Do Regarding a Defective Car Repair?

In regards to what you should do regarding a defective car repair or multiple repair attempts having been made on your vehicle, the first step should always be to contact the person who has attempted the repairs. The shop or mechanic may be able to provide a remedy to your issues. This includes them attempting to fix the issue again.

If a mechanic or auto repair shop is unable to properly fix your problem, then an auto repair lawyer can help you from there. An attorney is especially necessary if you or the passengers in your vehicle were injured as a result of the defective car repair. In such cases, a civil lawsuit is often necessary.

A lawyer for car issues will be able to help you determine your best course of legal action based on the specific facts and circumstances of your particular case. An attorney can also help you determine the party that you can hold responsible for your damages.

What Documentation Do I Need When Dealing with a Defective Car Repair?

In general, most mechanic work that is performed in North Dakota will be done in accordance to a service contract that authorizes the repair work. This contract will typically be executed between the consumer and the repair shop or mechanic prior to any work being performed.

Then, the work that is performed will be done in accordance with the contract. The contract will typically include an outline regarding the repair work that is to be performed and the total cost of repairs.

The services contract is often the most important piece of documentation that you need when dealing with a defective car repair. Examples of other important documentation that you should always keep in relation to a defective car repair include:

• Any and all receipts that outline payments that were requested by the shop or mechanic and made by you.
  • Importantly, this will generally include the date that services were performed, which will be necessary to demonstrate the number of attempts made at fixing the issue;
• Any purchase or repair warranties that were communicated by the repair person or shop;
• Any insurance documents that indicate any insurance payments or authorizations made by your insurance company;
• Copies of any and all communications between you and the shop or repair person;
• Copies of any other documents relating to the repair, such as a list of parts that were used, documents outlining the labor that was performed, or other contracts.

How Do I Sue for Defective Car Repair Issues?

In order to sue for defective car repair issues in North Dakota, you will need a thorough understanding of legal theory, case law, and the North Dakota civil laws and civil procedure. A local attorney in North Dakota will be familiar with this entire civil process and will also be able to provide you with assistance in understanding such matters.

Generally speaking, the process is to first attempt a resolution with the bad actor. If that does not resolve the issue, the process is then to draft and file a civil lawsuit naming that party as the party responsible for your damages. Then, you would serve your lawsuit on that party and allow them a period of time to respond to your lawsuit, and then either resolve the issue in the pre-trial stage or at a trial.

Should I Talk to a Lawyer for Help with a Defective Car Repair Claim?

If you are experiencing issues related to a defective car repair in North Dakota, it may be in your best interests to consult with an experienced North Dakota liability lawyer. During the consultation, the lawyer will be able to help you determine your best course of legal action and answer any of your questions.

Further, an attorney will also be able to help you gather evidence, draft your civil complaint, file it in the appropriate venue, and serve it to the opposing party. Additionally, an attorney will also be familiar with the state laws regarding civil procedure. An attorney can also assist you in pre-trial negotiations. Finally, an attorney will also be able to represent your interests in court if court intervention becomes necessary.