Car repair can be a scary endeavor in cases where a mechanic is proven guilty of negligence. The costs associated with motor vehicle repair, time is taken in automotive repair, and the worry of whether one should sue a mechanic if repairs are incorrect gives a headache to many car owners. Most auto mechanic electricians do commendable and honest work. They take good care of cars like their own, but there are some instances in which car dealerships could go beyond the garage and end up in court.
There are various horror stories relating to automotive repair. A simple tire change could turn into a painting job if a mechanic scratches the car’s outer body. Oil change could get disastrous should an inexperienced mechanic tamper with the toil canister, rendering it useless. A brake repair could turn out to cause an accident when not correctly done. A client may receive a bill that includes unwanted and services not rendered to your car. These situations can result in injury, loss, or financial strain to an unsuspecting client. In such cases, a consumer should sue an auto mechanic with the help of accident attorneys.
The following are the most common automotive repair scams that most unsuspecting car owners face;
Repair Estimate Scams.
It affects customers who do not request a written estimate of the total cost of repair. The problem occurs when an automotive repair shop provides a reasonable quote verbally on the first day only to find a separate bill on the final day. Mechanics and shop owners are known to leave estimated blank mounts when customers sign repair authorizations. It results in loopholes since they fill in excessive amounts and descriptions of additional problems once the consumer leaves the garage.
Maintenance Hook Schemes.
Automotive repair shops usually advertise maintenance services at fair prices. Unethical experts take advantage of these offers to deceive customers. Some may even cause damage while inspecting a vehicle to enhance their sales by identifying new repair needs. Simple oil change could end up in many costly repairs.
Highway Bandits.
These are people who own or work for automotive shops. They aim to boost their auto sales and prey on motorists who stop over for fuel, air, or water. They are known to spray oil under a car and claim that it leaked from the vehicle. They focus on the dangers of a faulty car on a journey, creating the need for urgent and often charge exorbitant prices.
Intentional Misrepresentation of Repair Needs.
Modern automobile repair work is complex and involves the use of technical apparatus. It is easy for a mechanic to deceive a consumer who has no idea how to maintain or repair their vehicle. It is crucial to get a second opinion regarding the repair and estimate costs before authorizing repairs.
Counterfeit Repair Parts.
Unscrupulous mechanics and automotive shop owners may use inferior parts to repair your car without your knowledge. You pay the same price as that of genuine parts, which poses safety threats to the users. Counterfeit products wear out quickly, and it’s difficult to distinguish real from counterfeit parts. If you suspect the use of counterfeit parts, get in touch with a product liability lawyer to file a report against the automobile shop.
Part Replacement Problems.
Some mechanics charge customers for unused repair parts and include labor charges for non-existent replacement in the final bill. Some mechanics recommend already used parts to repair used cars but eventually include the cost to unsuspecting customers for new and premium products. Always request for your old damaged part after replacement to keep mechanics honest.
Negligence of a Mechanic
Whenever you experience trouble with your car, it is natural to trust a mechanic’s services to sort out things. Suppose you later get an accident and suspect the accident’s cause to be negligence by the mechanic. In that case, you can inform the auto insurance company that helps you file a lawsuit with accident attorneys’ help. These cases could result in severe injuries and sometimes death of involved parties.
The essential elements of the law of tort are proof for a successful negligence claim. They include:
-That the mechanic owed you a certain level of care and competence
-That the mechanic failed to show proper respect and was careless in the discharge of his duties
-The neglect of duty was the direct cause of the accident
-That you experienced damages as a result of the accident
Documentation is vital in personal injury cases, and auto repair shops should provide records of the work done on your car. You should also keep copies of written requests, written estimates, final invoices, guarantees, work orders, and warranties. The auto repair shop provides these documents, and they give strength to your case.
Several factors influence the negligence of a mechanic. Accident attorneys evaluate these factors and analyze your case. They carry out the following tasks;
-Review all the facts, investigate the law of personal injury and discuss the available options.
-Help you gather the necessary evidence to back up your case, such as photographs, records and offer an expert opinion if need be.
-Ensure the rules are followed and file the needed paperwork on time.
-Negotiate your case and, in some cases, settle the claims without going to court.
-The other grounds on which you can sue a mechanic include the following:
Improper use of a Mechanic’s Lien
A mechanic’s lien refers to a situation when the person carrying out repair or a company places a lien on a client’s property to pay for the property’s services. Mechanic’s lien applies to any expert who provides service aimed at improving functionality. Mechanic’s lien must be filed by the correct entity and promptly with the proper notice and on the right property; otherwise, it’s invalid—a valid lien grants a company authority to seize property as payment of outstanding debt.
Mechanics must meet specific timelines and provide relevant information to create a valid lien. These include:
Preliminary Notice. The mechanic must notify the owner of the intention to place a lien on the property within twenty days of service. It includes details of the parts, services rendered, and the professional fee charged.
Notice of Mechanics Lien. It must be filed and provided within ninety days of the original service date. It includes the list of parts, service provided, labor costs, and both parties’ contact information.
Foreclosure of Lien.
Upon receipt of the notice, the mechanic files a lawsuit with a product liability lawyer within ninety days to allow court approval to finalize the lien. If the parties do not appear in the court, the judge may rule the lien invalid. If a lien is deemed invalid, the customer has a right to sue the mechanic’s shop for compensation. It could be in the form of money or return the vehicle placed on a lien.
Bad Repairs
It is expected of mechanics to perform their duties with due diligence, care, and skill. The main aim of getting a mechanic’s services is to get a problem solved, and failure to solve it could lead to severe problems for the driver, mechanic, and the auto repair shop. If a mechanic fails to do a good repair for a vehicle, such as improper installations and disabling safety devices, you may have a valid lawsuit against them. Poor quality that ends up in an accident qualifies you to sue not only for the vehicle and mechanic but also for personal injuries resulting from the accident.
Fraud
Discovering fraud may be difficult as many car owners have minimal knowledge of the automobile industry. There are several situations in which mechanics and other experts in the car dealership industry constitute fraud. They include lying about services, adding imaginary costs, extorting money from clients, abuse of the lien process, and charging for services not rendered. There are different kinds of common scams related to auto mechanics, regardless of the method used to defraud customers. Good evidence is necessary for such deceptive business practices. Accident attorneys help clients to investigate fraud and available evidence.
Breach of Warranty
Purchase of new or used vehicles involves a warranty statement that covers certain services performed on the car. These warranty notes have specifications of the type of repairs to be carried out, how long, and the mechanics to do it. Not every mechanic is allowed by the car manufacturer to work on their vehicles. Failure to honor a warranty by a mechanic renders them answerable before the court of law. A mechanic, in this case, is liable for compensation or compelled by law to honor the warranty.
False Estimates or No Estimates
It is a law requirement for auto repair shops to disclose details of repairs to customers upfront. It includes a list of all the services, spare parts used, and the costs incurred. A customer must agree to the estimated charges before a mechanic begins repairs on your vehicle. If you need a review or decline the estimate, it is not allowed for the auto shop to force you to pay the same bill at a later date.
The rules for altering an estimate stipulate that when the need arises for an extra service or spare part, the mechanic needs to contact the customer, create a recent estimate and get approval for the latest charges before proceeding with the repair. Some auto shops call clients for verbal agreements to the changes. It creates room for manipulation and misinterpretation of facts. Communication on all variations to original estimates through writing is necessary. Failure to estimate the repairs or giving false estimates will make a mechanic liable in law.
There are precautions to take when getting your car ready for repair. These include the following;
Perform a surroundings check on the repair shop. Check out the repair shop’s history and make sure the shop is registered with the state before taking your car there. The state has records of shops that have unresolved cases against them.
Request for a written estimate before authorization of services. The law requires written estimates of costs and communication through writing when the need arises for adjustments.
Compare several estimates from various shops. Shopping around for the best deal will protect you from unscrupulous mechanics.
Ask for used parts. Make sure to ask for old replaced parts to ascertain original repairs for your vehicle.
Make inquiries to know if repairs are guaranteed. At the repair shop, get all guarantees in writing and choose a shop that honors their pledges.
Ensure the repair shop honors the warranty on your car. It prevents you from paying for services already covered by your manufacturer.
Look for a shop with certified mechanics, clean and organized. Credible repair shops do not pressure customers to make unnecessary repairs. They provide estimates freely and answer all questions and requests professionally.
Finding a good auto repair shop
Various factors influence the best decision for an automotive repair shop;
Car warranty and auto insurance: if your car is still under contract, it is essential to seek automotive service providers recommended by your manufacturer. Upon the warranty’s expiry, there are no further restrictions on the mechanic to service your vehicle.
Seek recommendations: you can search the web for good referrals and warnings. Family and friends can also give helpful suggestions.
Get second opinions: upon getting a commendable repair shop, take time for a second opinion before authorizing extensive repairs. It prevents you from paying more for cheaper services elsewhere.
It is also essential to keep a vehicle repair log that shows how your car has been maintained and prevents auto insurance companies’ issues. A good record of maintenance adds value to your vehicle, especially during resale. A repair log allows accident attorneys, arbitrators, and manufacturers to review your case quickly and offer assistance.
Problems that occur repetitively should be described each time you take your car for servicing. It helps in identifying the party liable for the problem. Should the mechanic be the problem, you should take legal action against them. Car dealerships should provide documentation for all the services rendered.
