We rely on auto repair shops heavily for their knowledge and skills. They are supposed to make our lives easier by helping our cars run better with maintenance and repairs. Any trip to the auto mechanic should end with reassurance that our vehicles are safer and more reliable.
Unfortunately, auto mechanics can be negligent. Their carelessness can cost us money and lead to further repairs, or a drawn-out argument with the shop regarding insufficient repairs and refunds.
In the worst-case scenario, failed repairs cause injury accidents with devastating consequences to our personal and financial affairs. If you have a serious injury that you believe was caused by a negligent auto mechanic repair, you should discuss your claim with a car accident lawyer nearby as soon as possible.
Here is a general overview of what you need to know about suing a mechanic or auto repair shop for negligence after a vehicle crash.
The Repair Shop Act grants specific rights to consumers when they deal with auto repair shops. Called a “Consumer’s Bill of Rights,” these rights include:
If you are unsatisfied with repairs, discuss it with the shop. There is usually a guarantee or other reasonable solution. But there are more serious claims that may require the attention of a personal injury law firm.
When repair shops face legal claims, they usually fall into one of these categories:
You may have multiple claims that fall under different categories. Sometimes, these claims are difficult to prove and require expert witnesses and forensic evaluations of your vehicle. In those instances, you will better ascertain damages if you hire a car accident lawyer.
Recovering damages after defective mechanical work depends on the extent of the faulty repair and any consequences.
Common damages in these claims include:
If your damages do not include injuries or substantial property loss, start by filing a Vehicle Safety Complaint Report to the DMV Consumer & Facilities Services Complaint Unit. The DMV investigates these matters and sets up mediation between you and the mechanic. If there is no resolution, the regional office investigates further to assess possible Repair Shop Act consumer protection violations. If it finds potential violations, it schedules a hearing where an administrative law judge determines violations and sets up fines or restitution.
However, your damages from this process are limited. You can only receive the amount charged for proper repairs. If you needed to rent a replacement car or incurred other expenses, you might need to pursue the claim in small claims court. That process includes understanding the details of what went wrong with your car and explaining it to a judge.
The limit to requested damages in small claims court is $10,000. If your damages include injuries or exceed $10,000, consider hiring an attorney to help you secure compensation.
We all want to trust auto mechanics because not all of us are car experts. Fortunately, there are ways to protect yourself from negligence and fraud. They include:
If you suffered an auto accident due to shoddy auto repairs, you might be in for a fight. You must prove the repair lead to the accident, your injuries, and your damages. An auto mechanic or their insurance company may argue they are not liable or claim the accident was not a foreseeable impact of their repairs.
Rather than attempt to navigate this difficulty on your own, an experienced vehicle accident attorney can help you understand the legal process and next steps. If you believe a mechanic's negligence caused your serious injury, we invite you to speak with an accident attorney at our firm about a personal injury lawsuit.
Call 212-268-3222 today for a free case evaluation or learn more about our vehicle accident attorneys nearby.