what kind of attorney do i need to sue a mechanic?

by Fermin Farrell 6 min read

If you believe a mechanic made defective repairs on your car, you should contact a consumer lawyer. An experienced lawyer near you can review the facts of your case, advise you as to your rights and options, and can represent you in court.Mar 16, 2020

Why do I need a lawyer for a mechanic lawsuit?

Dec 01, 2011 · What type of lawyer do I need to sue a auto mechanic shop (Menekie) They installed brand new ball joints 5 months ago and yesterday the left ball joint broke. I had to pay $200 for a tow truck that the police called out of my own pocket.

Can I sue a mechanic for defective car repairs?

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.

How can an automotive lawyer help with a repair claim?

Feb 17, 2020 · How to Sue a Mechanic Shop (5 Reasons) We’ve all heard the horror stories: someone brings their vehicle into the shop for repairs only to pick it up and realize the problem is worse. A simple tire change turns into a new paint job …

Can I sue a mechanic for a misdiagnosis?

Jan 05, 2021 · What type of lawyer do I need to sue a mechanic shop? I had a lawyer sueing a mechanic shop we were going to arbitration then my lawyer quit the firm and the firm dropped us. I believe the case is still open and the shop has since …

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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...

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 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 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 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.

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, ...

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.

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.

Know Auto Repair Laws

You’ve probably heard about the Lemon Law and the Right to Repair Act but how do these terms relate to you? Depending on which state you are in, some legislation protects your rights as a customer of car repair shops. The table below is not exhaustive but here are some of the most common laws:

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. There are mechanics out there who are professional and honest in their work.

Tips for Suing a Car Repair Shop in Small Claims Court

If you find that you have a lawsuit in your hands and you have grounds to sue a car repair shop, you may do so in small claims court. Suing in small claims court comes with fewer costs because of inexpensive filing fees, no need for lawyers, and faster processes. Here are some of our tips for suing a mechanic in small claims court:

Steps to Suing a Car Repair Shop

So you’ve decided to sue a mechanic shop but you’re not sure where to start. The small claims hearing is scheduled 30-70 days after the lawsuit is filed. Below are the steps you have to go through when suing a car repair shop in small claims court:

How to Sue a Mechanic with DoNotPay

Suing anyone isn’t always a straightforward process. DoNotPay simplifies the process for you. All you have to do is access the app via any web browser. After that, follow these steps to sue a mechanic:

DoNotPay Helps You Sue Any Company

Interested in learning more? Here are some big-name companies DoNotPay users have sued with the Sue Now product:

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.

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When to Sue A Mechanic Or Car Repair Shop

  • So when can you sue a mechanic if they don't take good care of your car? There are five main reasons to sue over a bad vehicle repair job: 1. Defective mechanic work 2. Incorrect cost of repairs and written estimates 3. Breach of contract or warranty 4. Fraud for scams, charging for unneeded parts of the vehicle or claiming unneeded further repairs 5. Invalid mechanic's liens (pl…
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Bad Repairs

  • First and foremost, mechanics must do good work. You're there to get a problem fixed, and if it is not fixed properly that could be dangerous for you and other drivers. Not to mention you shouldn't be charged for non-existent or ineffective auto repairs. If a mechanic improperly installs a part, disables a safety device, otherwise fails to make adequate repairs to your vehicle, you may …
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False Estimates Or No Estimates

  • Most states have consumer protection laws that require auto repair shops to disclose details about repairs before they are done. Under these statutes, mechanics and other service providers must give you a detailed estimate of all work to be done, disclose whether used or rebuilt parts are being installed, and give you a quote for the costs. If your mechanic fails to give you an esti…
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Breach of Warranty

  • Often we purchase new and used cars with warranties that cover certain services to the vehicle. These warranties generally come with stipulations regarding what repairs are covered, for how long, and may require you to use specific mechanics. If the mechanics don't honor the warranty, either to repair the car or in covering the cost, you may need to sue.
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Fraud

  • Most of us have our guard up when we take our cars to a mechanic. The amount of stories we've heard about auto repair scams, coupled with our general unfamiliarity with the inner workings of our automobiles, means we're already suspicious. But how do you know if your mechanic is taking you for a ride? Actually discovering fraud may be difficult, but if you discover your mechanic has …
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Invalid Use of A Mechanic's Lien

  • There are times when a repair person or company can place a lien on a customer's property to pay for service or improvements done to the property. This is called a mechanic's lien, and it is available not just to car mechanics, but to plumbers, painters, carpenters, and construction contractors, and subcontractors -- anyone who provides a service that improves a customer's pr…
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