what kind of attorney do i need to sue a car repair shop

As long as you have some sort of written record putting the causation on the original repair shop from the new repair shop, you probably have a case. You should look for an aggressive civil litigator who has experience with consumer law. I suggest contacting those who answer here as well as using the Find a lawyer search tool on this site...

Full Answer

Can you sue a mechanic for not fixing your car?

Five Reasons You Can Sue a Mechanic. Taking your car to the repair shop is a cumbersome process in itself.Aside from the car, there are other things you need to worry about: the cost of the repair, the delays it will cause, and whether the mechanic can salvage the car.

How can an automotive lawyer help with a repair claim?

Jan 25, 2018 · As long as you have some sort of written record putting the causation on the original repair shop from the new repair shop, you probably have a case. You should look for an aggressive civil litigator who has experience with consumer law. I suggest contacting those who answer here as well as using the Find a lawyer search tool on this site.

Why do I need a lawyer for a mechanic lawsuit?

Oct 14, 2013 · What type of attorney do I need to sue an auto repair shop? The repair shop was paid to rebuild my transmission in March, 2013 and in August 2013, my transmission went out. I have had two different repair shops run diagnosis on my car and found that it was not repaired.

Do I have a case against a new repair shop?

Jul 21, 2005 · An automotive lawyer may also reach out to the repair shop and/or mechanic on a vehicle owner’s behalf before filing a claim. By opening communication lines, the lawyer may be able to persuade the repair shop to either fix the damage or to settle out of court, so no one has to experience the added stress of a trial.

When Is The Mechanic Liable For Damages Resulting from Faulty Service?

A mechanic is liable for damages caused by his or her negligence. For example, suppose your mechanic rotates your tires, but fails to properly reat...

What About The Contents of My Car?

Always contact law enforcement if items are stolen from your vehicle. Law enforcement can investigate the theft—and may help you identify the culpr...

What If My Car Is Stolen from The Repair Shop?

While it has your car, the mechanic shop must take reasonable care to protect it. If the mechanic leaves your keys in your unlocked car, he or she...

Should I Contact A Lawyer?

Claims involving auto mechanics can involve a wide variety of legal issues— including bailments, garage keepers laws, negligence, and products liab...

2 attorney answers

I agree with Attorney Paz. As long as you have some sort of written record putting the causation on the original repair shop from the new repair shop, you probably have a case. You should look for an aggressive civil litigator who has experience with consumer law.

Max L Rosenberg

I agree with Attorney Paz. As long as you have some sort of written record putting the causation on the original repair shop from the new repair shop, you probably have a case. You should look for an aggressive civil litigator who has experience with consumer law.

Steven Michael Fahlgren

The repair shop was required to perform its work to industry standards. If you have an expert to show that it did not, then you should have a claim under Florida's Motor Vehicle Repair Act.

Dale Christopher Carson

You need to talk to an attorney that deals with contract law. If the repair came with a warranty, you need someone to examine it and figure out whether the exclusion is legitimate.

Scott Richard Kaufman

I do not blame them for this tactic, although, you should not be stuck with a bum car. Arguably, you can pay to get it fixed and sue them for a substantial amount of that money if not all, if they refuse to pay, especially if they never did what they were supposed to do at the start.

Can You Sue a Mechanic for Misdiagnosis?

A mechanic misdiagnosis, also known as a “faulty diagnosis” or simply as a “mistaken repair”, occurs when a mechanic does not identify the true problem.

What Does Mechanic Liability Insurance Pay For?

Mechanic liability insurance is a specific type of insurance policy that is meant to protect mechanics and auto repair shops from liabilities that may arise as a result of unexpected accidents like property damage to a vehicle, faulty repairs, or if a customer waiting to pick up their car gets injured in the repair shop.

Do I Need an Attorney for Help with Automobile Mechanic Liability Issues?

As is evident from the above discussion, when you leave your car at a repair shop, the mechanic working on your vehicle can be held liable for actions that fall below a certain level of care.

What does a lawyer do in a lawsuit?

Should a lawsuit be necessary, a lawyer can ensure your rights are protected, claims are properly filed and represent you during court proceedings if necessary. A lawyer will work to provide the best possible outcome for your case.

What happens if a car is not repaired properly?

If a repair is not properly completed, it can result in further damage or even injury to the passengers. A defective car repair can render a vehicle unsafe to drive. A vehicle that is unsafe to drive can result in physical damage to the vehicle itself, making further repairs difficult or impossible. It can also present risks to a driver, passenger, ...

What is automotive mechanic?

Automobile mechanics are held to specific industry standards regarding any repairs, upgrades, or adjustments made to a vehicle. One important step an individual can take to protect themselves is research the mechanic or repair shop they plan to use.

What is a defective product recall?

A defective product recall is different and may be caused by a car defect which is the result of the vehicle’s manufacturer. An automobile recall or car defect recall usually only refers to flaws which create safety hazards, may result in injury to the operator, and/or passengers.

What is mechanic work?

In most cases, mechanic work is done in accordance with a contract between the shop mechanic and the customer. There will be terms of payment, the length of time the repair is expected to take, and any other concerns prior to the mechanic beginning work.

When is a recall necessary?

An automobile recall may become necessary when a vehicle part does not comply with the federal motor vehicle safety standards and/or there is a safety related defect in the equipment in the vehicle.

Collect Available Evidence

Gather all the relevant evidence, pronto. In this situation, this means getting your used parts (it's a good idea to do this any time you have major work done). If the garage will not give them to you, ask again by letter, keeping a copy for your file.

Have Your Car Checked by an Expert

Before you drive many miles after the disputed work is done, have your car checked by an experienced mechanic. Sometimes it is possible to get a free estimate from a repair shop.

Try to Settle

By now you should have a pretty good idea what the first garage did wrong. Call and ask them to redo the job or refund part or all of your money. Often the repair shop will agree to do additional work to avoid a hassle. If they agree to take the car back, insist on a written agreement detailing what they will do and how long it will take.

Write a Demand Letter

If the garage isn't cooperative, it's time to write a formal demand letter. Your letter should be short, polite, and written with an eye to a judge reading it.

File Your Court Papers

If you still get no satisfactory response from the garage, file your papers at the small claims court clerk's office in the county where the garage is located.

Prepare Your Case

If you want the judge to understand your case, you must understand it yourself. Sounds simple, doesn't it? It did to me too, until I got involved with a case involving a botched car repair. All I knew was that after I paid to have the engine fixed, the car shouldn't belch black smoke and make a disgusting noise.

Appearing in Court

When you show up in court, be sure that you are well organized. Bring all the letters you have written or received about your car problem, any written warranty, photographs if they are helpful, and your used parts if they aid in making your case.

What happens if a mechanic's lien is invalid?

If a lien is judged invalid, you have the right to sue the mechanic’s shop for compensation. This may be in the form of money or simply as the return of the vehicle on which they placed the lien.

How long does it take to get a lien foreclosed on?

Foreclosure of Lien – After you have been notified, the mechanic must file a lawsuit in the civil court within 90 days. This allows them the opportunity to seek court approval to foreclose (finalize) the lien. If they fail to follow service of process or don’t show up to court, the judge may rule the lien invalid.

Can a mechanic put a lien on your car?

Essentially, a valid lien grants the shop the right to seize your vehicle as payment against an owed debt.

Can a mechanic work on a car?

Not every mechanic is approved by car manufacturers to work on their vehicles. This is important because a mechanic might inadvertently void the warranty on a new vehicle when they provide you with service. For example, if you have an amateur mechanic repair your transmission, and it later fails, the manufacturer may refuse to honor their warranty as a direct result, leaving you to pay out of pocket.

Do mechanics have to provide an estimate in California?

In the state of California, mechanics must provide you with an accurate, updated estimate of all provided services before they begin working on your car. Furthermore, estimates are strictly regulated in that they must contain certain information. This usually includes a full list of all services to be provided, parts used, and costs associated with the repair.

What is damages in a lawsuit?

Damages means the amount of compensation you are seeking to recover in your lawsuit. Your damages would be the cost of repairs. You will need to mitigate (minimize) damages by selecting another repair shop to repair your car whose fees are comparable to other repair shops in the area.

Can laws change from state to state?

Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion.

Can you sue an auto body shop for negligence?

You can sue the auto body shop for negligence for the poor repairs and damage to the ABS system. Negligence is the failure to exercise due care (that degree of care that in this case a reasonable auto body shop would have exercised under the same or similar circumstances to prevent foreseeable harm). In order to prove negligence, you will need ...

Why do mechanics scam people?

The reason the mechanic may scam individuals is because they believe they can get away with it. Hence, customers are constantly hit hard. Tell your friends and others about the awful practice by the garage, give them the review they deserve and share it on social media. Remember, word of mouth is very powerful.

What happens if you don't return your car?

Even if they don’t return your vehicle at all, the auto shop will need to repay you with the value of the vehicle’s worth. But you first have to give the repair shop a chance to fix it or make it right.

Why is public opinion important?

Public Opinion is Helpful when Suing the Mechanic. Sometimes, public opinion is a good defense against a dishonest mechanic shop. You may find the mechanic approaching you to ask how he can fix other areas of your vehicle for a low cost. The reason the mechanic may scam individuals is because they believe they can get away with it.

What to do if you have not done so?

If you have not already done so, speak with the auto shop owner and ask them to repair it without any additional charges. Shop owners often agree to work again on a vehicle to avoid any legal proceedings. It is quite useful to communicate one-on-one with the mechanic. If they are not ready, proceed to the next step.

How much can you claim in a small claims court?

Nevertheless, most small claims courts let you claim for damages if the claim is within the range of $10,000 or less. The magistrate court of your county will ask you to fill and submit the required forms to file a case with the court. There could be a charge to submit your claims.

Is a mechanic liable for a car accident?

The mechanic shop is liable for more damages if their negligent actions have been shown to cause greater harm. For example, in some situations, the action of a mechanic may make your car more likely to be in an accident. This can not only cause harm to you but your passengers can be seriously injured as well.

Is a mechanic shop a scam?

If you believe that the mechanic shop is a scam, you should not leave or even carry your vehicle there. Even though you try, many mechanics who are scammers will not even answer a simple request to rectify the problems.