Getting involved in any lawsuit relating to your car mechanics can be frustrating. Generally, motor vehicle repairs are inconvenient and require some work. However, it is crucial to understand the problem and resolve it quickly. This can help prevent car accidents that can lead to serious injuries.
Below is a brief discussion of the various issues that may arise in a motor vehicle mechanic lawsuit. Some parts can be defective, and they will require maintenance immediately. Understanding them and familiarizing yourself with the scenarios can better equip you in your case.
One of the most common scenarios that may occur is incorrect repairs. You may go see a mechanic due to an issue with your car. A defect was found, and you wanted it to be fixed. But even though the mechanic claimed that it was fixed, it was not completed accurately.
Some negligence occurred on the part of the mechanic, and they failed to fix the problem, which later resulted in a car accident. Therefore, creating a dangerous hazard for you and other drivers on the road.
Another problem that may occur is a bad estimate. States nationwide have in place consumer laws that mandate transparency on the details of the repairs before they are completed. The auto repair shops have the legal obligation to disclose the details of the repair before they are done. They must also provide an honest and accurate quote for the necessary costs.
Additionally, the issue of breach of warranty may arise. All new and used cars have warranties attached to them. This warranty states what repairs are covered under it. It further specifies the duration and specifies the utilization of it. If the mechanics fail to abide by or honor the warranty, either to repair the car or to cover the cost, you have the legal right to sue.
Moreover, if you suspect that fraud has occurred in your service, you need to report it. If you notice that your mechanic charged you for service or parts they did not provide, you may be able to sue for damages.
Lastly, suppose you suspect any illegal use of a mechanic’s lien. In that case, it further encompasses plumbers, painters, carpenters, construction contractors, subcontractors, or anyone who provides a service that improves a customer’s property. If you think this has been filed against you illegally, you have a legal right to sue.
What Are Some Tips to Pursue In This Type of Lawsuit?
Some basic things to keep in mind regarding the mechanic work can help prevent future issues. For instance, understanding who the point of contact should be. In some cases, the manager will care more about the quality of the work than the general employees. Therefore, reaching out to the owner or the manager first can help you resolve the issue more efficiently.
Remember that the auto repair has a reputation, and they want to continue to serve your interests for their business purposes.
Moreover, every state has a consumer protection agency, which can assist you in getting in touch with a legal expert that can work with you and the auto repair shop. Most shops will understand the pressing issue that the legal claim may lead to and the expense. Therefore, it is in their interest to cooperate with the agency and investigate further for the sake of both parties.
Although, if there is resistance of some sort and the auto repair shop is not cooperating, utilizing the court system will be a viable solution.
In addition, selecting the right lawyer is not an easy task. It depends on your situation and the type of claim you filed. A legal professional in the area will be most useful in terms of experience and to help you understand how to proceed further in your case. One type of claim that may be available based on your circumstances is a breach of contract. If the mechanic contracted to perform the work for you skillfully and failed to do so, then you have the grounds to sue.
Although, if the service had been provided as part of a warranty on the vehicle, you may have a breach of warranty case. However, an issue can arise regarding the transmission work because the mechanic may not have breached his duty if he performed the other work properly.
Furthermore, negligence is considered another type of action to base the lawsuit on. This legal theory implies that the mechanic owed you a duty to repair your vehicle properly and that by messing up the transmission, he breached the duty. The other elements that you have to prove are causation and damages. If you have more questions on this, you can reach out to a legal professional.
One of the major hurdles in these cases is proving causation. Although your theory will rely on the damages to your car, providing the link is the more challenging part. A mechanic may refute your claims and deny the defect that occurred during his performance of the mechanic work.
In court, the plaintiff has the burden of showing that the mechanic caused the damage. As mentioned above, it will be the first hurdle to cross. Strong evidence is needed to present to the court to prove the validity of the claim. For instance, you may need to have another mechanic inspect the vehicle and record their observations and opinion regarding the causation of the transmission problem.
As stated earlier, you need to reach out to the person that would be held responsible for this defect. You would need to reach out to the mechanic’s boss or the corporate department. Auto repair shops do not want to create unnecessary issues by simply not replying to claims being made. Lawsuits can become strict quickly. Therefore it is better to act soon and not wait on these issues.
They would also want to resolve it quickly because any lingering can create problems for them and have customers give them negative reviews. Negative reviews from customers are not acceptable for any company.
You can also bring these legal matters to small claims courts. If the damages are less than $5,000 they can be presented in front of the judge. Depending on your situation, you can have a lawyer with you for the case. Sometimes, the cost of litigation can be higher than the repair itself. You should figure out what the best course of action would be and what is financially feasible too.
When Do I Need to Contact a Lawyer?
If you believe that your mechanic did not do his job properly and caused you a car crash, you need to contact a local liability lawyer to understand what your different options are. You will need data and evidence compiled to defend your case. These sorts of lawsuits can become complicated and need immediate attention.
Going to the small claims court may be a better legal avenue depending on your case. Deciding how to proceed can be difficult, and seeking advice from a legal professional in the area will be useful.