what kind of attorney would i need if im being suite for auto repairs

by Dino Beer 7 min read

You need a personal injury attorney, or, more generally, a civil litigation attorney.

Do I Need a Lawyer for Help with a Defective Mechanic Work Claim? 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

Full Answer

Do I need a lawyer for defective car repair issues?

 · 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. Answers on Avvo are …

Why hire an attorney to represent you in an automotive repair case?

 · You need a personal injury attorney, or, more generally, a civil litigation attorney. Talk to your insurance company: many insurance policies include coverage for attorney representation in litigation concerning covered events, and the insurer can be very specific about who should be representing you if you want the insurer to pay for your attorney's work.

Should I hire an attorney for an auto accident claim?

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 …

Why do I need a lawyer for a mechanic lawsuit?

 · Hiring a general lawyer – or jack of all trades – is generally not a good idea. You need someone with experience and extensive knowledge of laws related to personal injury and …

How do I file a complaint against an auto repair in NY?

Auto Repair ComplaintAgency: New York State Department of Motor Vehicles.Division: Vehicle Safety Licensing Complaints.Phone Number: (518) 474-8943.Business Hours: Monday - Friday: 8:15 AM - 4:15 PM.Staff is available through the automated phone system during business hours.

What happens if a mechanic is misdiagnosed?

PSA: If a shop misdiagnoses your car and makes a repair that fails to fix the problem, they're obligated to correct their mistake. Disclaimer: You HAVE to request and pay for diagnosis for this to be valid.

What does the Bureau of Automotive Repair do?

The Bureau of Automotive Repair (BAR), part of the Department of Consumer Affairs (DCA), serves Californians through effective regulation of the automotive repair and Smog Check industry.

How do I sue a mechanic in California?

What are the steps to suing a mechanic in a California small claims court?Consider filing a complaint against a mechanic before suing in small claims. Learn more here.Prepare and file the lawsuit. Learn more.Notify ("serve") the mechanic you have sued. Learn more.Prepare for and attend the small claims hearing.

How long can a mechanic legally keep your car to fix?

How long can a mechanic keep my car? There is no legal limit to how long a mechanic can keep your car. If you are unsatisfied with your service, you can always take your business elsewhere and try to find another mechanic.

Are mechanics liable for misdiagnosis?

What Exactly is Misdiagnosis? Misdiagnosis is defined as an incorrect diagnosis of an illness or condition. It's a wrong conclusion about a disease – a decision that a patient has or doesn't have a particular illness or condition, when in fact they have a different one or none at all.

Who regulates the automotive industry?

Overview. The National Highway Traffic Safety AdministrationExit Exit EPA website and EPA are the primary agencies that regulate the automotive industry.

How does the bar program work?

The Bureau of Automotive Repair's (BAR) Consumer Assistance Program (CAP) offers eligible consumers repair assistance and vehicle retirement options to help improve California's air quality. Participation is based on meeting eligibility requirements and the availability of funds each fiscal year (July 1 – June 30).

What is cap repair?

The Consumer Assistance Program's (CAP) repair assistance option offers eligible consumers whose vehicles fail a biennial Smog Check inspection financial assistance toward emissions-related repairs at a STAR test-and-repair station.

Do I need a lawyer for small claims court?

You do not need a lawyer for small claims court, and some states don't even allow you to have one. Read an overview of your state's small claims court laws first. There are many advantages to seeking legal help from an attorney, but you would likely have to pay attorney's fees.

Who regulates auto repair shops in California?

The Bureau of Automotive Repair (BAR)The Bureau of Automotive Repair (BAR) licenses and regulates automotive repair dealers, Smog Check stations and technicians, and brake and lamp stations and adjusters. BAR also administers the Smog Check Program.

What is the lemon law in California?

The California Lemon Law (Civ. Code, § 1793.2 et seq.) protects you when your vehicle is defective and cannot be repaired after a “reasonable” number of attempts. The Lemon Law applies to most new vehicles purchased or leased in California that are still under a manufacturer's new-vehicle warranty.

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...

Being the Best Attorneys for Bureau of Automotive Repair Actions

Here are some reasons why our goal is to be the best attorneys for our clients in any Bureau of Automotive Repair action.

Find the Best Attorney for You: Free Phone Consultation

If you have received a letter from the Bureau of Automotive repair, a citation, or even an accusation, reach out to our expert attorneys. We’ll give you a free phone consultation and determine how we can be not the best attorneys in California for fighting the BAR, but the best attorneys for you and your individual case. Our goal is unique to you.

What to do if you don't have an attorney?

If you have insurance, you should submit the lawsuit to your insurance company and they will provide an attorney free of charge. If you do not have an attorney, you should contact one as soon as possible. Report Abuse. Report Abuse.

What to do if you have a car accident?

The first thing to do is notify your auto insurance agent. Your insurance company should provide a defense for you by hiring a lawyer who specializes in insurance defense matters.

What to do if you don't have insurance on your car?

If you did not have insurance then you need to hire an attorney that handles civil matters to determine what is the best approach to take. Report Abuse.

What to do if you don't have auto insurance?

If you had auto insurance, then turn the paperwork, letter or lawsuit, over to your auto insurance company. If you do not know the address, then go to the office of the agent from whom you bought the insurance. If you do not have insurance, then you should not have been on the road at all. You will have to hire a personal injury attorney; they usually advertise on TV, billboards, lavatory walls, buses, and any structure or medium possible. Of course, you will have to pay up front. so, it is always best to have auto insurance.

What to do if you have no insurance?

If you have no auto insurance, you should hire an insurance defense attorney. Report Abuse. Report Abuse.

What to do if you have not been served with suit papers?

If you have not yet been served with suit papers, notify the agent and claims department immediately and give them all of the information they ask for.

What to do if you are uninsured?

Give the lawsuit to your car insurance company. If you're uninsured then seek a local personal injury attorney or more specifically an auto accident attorney.

What can an auto lawyer do?

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.

What is a mechanic repair lawsuit?

Mechanic repair lawsuits refer to a large umbrella of cases that involve issues regarding vehicle repairs and mechanics or automobile repair shops. For example, a car owner may sue a mechanic for performing unauthorized or unnecessary repairs, providing false or misleading payment estimates, or for breach of warranty.

What happens if a mechanic refuses to accept responsibility for a misdiagnosis?

However, if the mechanic or repair shop refuses to accept responsibility or claims that it is not their fault, then the vehicle owner may seek legal recourse for a misdiagnosis. The most common option of legal recourse is to sue the mechanic for negligence.

What can a car owner do for a garage?

One thing a vehicle owner can do for a car damaged by garage during service is to sue either the repair shop and/or the individual mechanic. For example, if a mechanic caused damage to a car while they were repairing it, then the owner can hold them liable for those damages. Alternatively, if the repair shop has an insurance policy, ...

What does a car owner have to prove to the mechanic?

The vehicle owner will also have to prove that the misdiagnosis was foreseeable, the mechanic’s carelessness caused the property damage, and that the damage done to the car is quantifiable.

Why are auto repair laws enacted?

Each state has its own set of auto repair laws that go by various names, but are primarily enacted for the purposes of protecting the average consumer. For instance, many states have laws that address unfair and deceptive practices in car repairs.

Can you sue a mechanic for negligence?

Thus, you may be able to sue for mechanic malpractice or negligence if your mechanic failed to disclose exactly what work was being done on your vehicle, gave you price rates that were missing certain estimates, or if they neglected to repair your vehicle in a timely and reasonable fashion.

What does an auto accident attorney do?

An auto accident attorney will know exactly what to do to either defend your case or get you the compensation you deserve.

Why do you need an attorney for an accident?

An attorney will help ensure that you walk away with a fair amount of money from your insurance company. If the insurance company doesn’t want to budge, an attorney’s threat to file a lawsuit may change their minds. It may also be beneficial to hire a lawyer if your accident involved any of the following:

What is the first step in hiring an attorney?

Making the decision to hire an attorney is the first step. The second step is choosing an attorney. Finding the right attorney can be a challenge, and this is not a decision you want to take lightly.

What to do if you have a catastrophic injury?

If you’ve incurred a catastrophic injury, consider working with an attorney who specializes in your injury. A lawyer who has handled spinal injuries in the past will understand the nuances and caveats of your case and how to argue your case.

What does an attorney know about a case?

An attorney with the right level of experience will know how to build your case, how to calculate damages properly, and how to fight to get you the highest payout possible.

What to do if a lawyer has bad reviews?

If a lawyer has consistently poor reviews online, remove that firm from your list.

What to do if you have a negative experience with an attorney?

Those who had a negative experience will likely share the details of what happened and why they were displeased with the service or the outcome.

1 attorney answer

If you have a specific date promised by the shop by which your vehicle would be fixed, you may be able to sue the shop for breach of contract, particularly if the shop agreed to pay you something if the work is not done by the specific date. Otherwise, you generally cannot sue anyone for telling you that your item is being...

Thuong-Tri Nguyen

If you have a specific date promised by the shop by which your vehicle would be fixed, you may be able to sue the shop for breach of contract, particularly if the shop agreed to pay you something if the work is not done by the specific date. Otherwise, you generally cannot sue anyone for telling you that your item is being...

Who is liable for a defective car repair?

Some parties that may be liable for defective car repairs include: A shop mechanic; The owner of a repair shop; and/or. Vehicle manufacturers, especially in cases where a company mechanic is working under a warranty agreement. In most cases, car repair lawsuits are based on the theory of negligence.

How to protect yourself as an auto mechanic?

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 repair?

A defective car repair is a repair that is improperly done on a vehicle, as discussed above. A defective product recall is different and may be caused by a car defect which is the result of the vehicle’s manufacturer.

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, ...

Why is it important to have a consumer lawyer?

Since vehicles play such important roles in our everyday lives, it is important to have the help of a consumer lawyer in defective car repair situations. Car repair issues can inhibit your ability to work, take care of children and complete everyday tasks.

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.

What happens if a repair shop is negligent?

Negligent repair shops will overlook or try to repair damage that requires replacement.

What to do after an auto accident?

After an auto accident or collision, you depend on the auto repair shop and the insurance company to restore your vehicle to proper working order in a reasonable amount of time. Unfortunately, the process is not always as straightforward as it should be.

What happens if you don't fix your car?

When accident damage is not fixed right, injuries can happen. The consequences can be more than a nuisance. You and your loved ones may be subject to a crash or at risk from faulty wiring, bad steering, bad brake repairs, unrepaired frame damage and unrepaired structural damage. Whitney, LLP’s mechanic negligence lawyers for defective car repairs ...

What happens when a body shop lies about repairs?

Poor quality repair jobs are more than a nuisance. They can be a serious safety issue. When a body shop lies about repairs, uses counterfeit parts, or performs a defective car repair, they compromise the integrity of your vehicle and put your safety and the safety of others on the road in jeopardy.

What does it mean when a body shop is paying your deductible?

While this can be a tempting offer, paying your deductible indicates the body shop is artificially inflating their estimates to cover the deductible amount, revealing unethical behavior .

Can an insurance company cut corners after an accident?

No matter which insurance company or repair shop does the repair work after an accident, they have to perform the work in safe and reasonable way, and cannot cut corners or perform defective or unsafe repairs and hide that from you. Negligent repair shops will overlook or try to repair damage that requires replacement.

Does at fault insurance cover car repairs?

The at-fault driver’s insurance company is usually contractually obligated to cover your car’s repairs, but its loyalties ultimately lie with its shareholders. It will pay for repair of the damage with an eye towards containing the costs, and that might just leave you driving an unsafe car that may lead to further problems.

What is the California car buyer's bill of rights?

Laws in California, like California Car Buyer’s Bill of Rights, are designed to protect innocent consumers and car buyers who think they are getting a good deal when they are actually being sold a car that was in a prior accident, or a vehicle that is defective, or a contract for more than the advertised price.

What happens if you buy a car?

Talk to Our Lawyers that Deal with Car Dealerships If This Happened to You 1 You bought a car and paid more than the advertised price, 2 You bought a car and it broke down soon after you drove off the lot, 3 You bought a car without being told that it has been in an accident or that it is defective or has frame damage, 4 You bought a car with a warranty that the dealer won’t honor, or you are being told that your repair is not covered due to exclusion, or 5 You bought a car and later found out that the car dealer has lied to you.

What is consumer action law?

Consumer Action Law Group is dedicated to helping victims of auto fraud. They have a team of lawyers that sue auto dealers that work with the client and guide the client on the best course of action; some cases do not require legal action to get resolved.

What happens if you buy a car and it breaks down?

You bought a car and it broke down soon after you drove off the lot, You bought a car without being told that it has been in an accident or that it is defective or has frame damage, You bought a car with a warranty that the dealer won’t honor , or you are being told that your repair is not covered due to exclusion, or.

Is there a scam with auto dealers?

There are many scams that an auto fraud attorney can easily identify to help buyers get their money back. The auto dealer fraud attorneys at Consumer Action Law Group are very familiar with dealership fraud and it has been their mission to defend buyers from the sale of defective cars.

Can an auto fraud lawyer get money back?

In many cases, auto fraud lawyers file lawsuits and get the client money’s back long after the fraud occurred. Experienced auto fraud attorneys can help buyers get out of contracts, replace, repurchase, or even return their vehicles to get their money back. They can also answer questions like, “when can you return a car to the dealer?”

Can you talk to a car dealership lawyer?

You can talk to our car dealership lawyers if you have any suspicion of being a victim of auto fraud. If you have any car dealership problems, here are some of the remedies that our attorneys can get for you.

Why are auto lawyers so helpful?

Auto Lawyers are very helpful for consumers who purchased a bad car because they can apply legal pressure on the dealership that sold the bad vehicle. When consumers buy bad or defective vehicles, it may be difficult for them to actually get the dealership to give them what the law entitles them to.

What to consider before calling a car dealership lawyer?

Before calling a car dealership lawyer you should consider getting all the necessary details ready for your auto fraud case. This includes knowing which parties are involved and the details of the damages, such as evidence of fraudulent sales practices. There are several actions that our car dealership lawyers can take to compensate you for your damages and help you spot signs of car fraud to continue a valid case.

How to sue a car dealership?

We are auto lawyers that sue car dealerships for bad car sale practices. Call us to speak to our auto attorneys immediately if this happened to you: 1 You bought a car and paid more than the advertised price 2 You bought a car and it broke down soon after you drove off the lot 3 You bought a car without being told that it has been in an accident or that it is defective or has frame damage. 4 You bought a car with a warranty that the dealer won’t honor, or you are being told that your repair is not covered due to an exclusion 5 Your vehicle needs to be repaired soon after you bought it, and the problems date back to the date you bought it 6 Your dealer called you to bring back the car because the financing fell through after 10 days have passed from the date of purchase

How long does it take for a car dealership to respond to a demand letter?

The dealership usually has 30 days to respond to the demand letter, but they do not always respond. In the event that the dealership gives no response, certain legal steps must be taken to legally force the dealer to compensate you for selling you a bad car. Usually, this is where the auto lawyer files a lawsuit against the dealership.

What happens if you buy a car and it breaks down?

You bought a car without being told that it has been in an accident or that it is defective or has frame damage. You bought a car with a warranty that the dealer won’t honor, or you are being told that your repair is not covered due to an exclusion.

Can a car dealer enforce your rights?

A Car Lawyer Can Enforce Your Rights. A car lawyer can enforce your rights if the car dealer sold you a bad vehicle. It is usually difficult for a consumer to sue the dealership without a car dealership lawyer by their side.

Can you sue a car dealer in California?

Under California law, car buyers are legally able to sue their dealers for not telling the truth about the vehicle. Our legal team and lawyers against car dealerships gather evidence for a lawsuit against dealers that rip off buyers. Used car dealer fraud is common, if you are a victim, our lawyers who deal with car dealerships can help you get ...