Most people rely on auto shops to keep their vehicles running. The majority of mechanics do good work and make your vehicle more dependable and safe. But some mechanics don’t fix your car problems and may even make them worse. Negligent car repair work can even play a part in causing a car accident.
Here's a summary of what you need to know about suing a mechanic or auto repair shop after a car accident:
- You can sue a mechanic or repair shop for negligent (careless) work.
- If a mechanic’s faulty repairs are serious enough to cause a car accident, you may be able to hold the shop legally responsible for accident-related damages, including property damage, medical bills, lost wages, and pain and suffering.
- Claims against mechanics are difficult to prove and often require expert witnesses.
- A car accident lawyer can help you get the best possible outcome in your case.
What Are Your Auto Repair Rights?
Each state has its own set of laws and regulations for mechanics and auto repair shops. Most mechanics are licensed professionals who are responsible for keeping vehicles in safe working order. All work done on a vehicle must be consistent with industry standards, meaning mechanics must exercise reasonable skill and care when repairing a vehicle.
In many states, auto repair shop customers have certain rights, which may include:
- the right to a written estimate
- the right to authorize all repairs
- the right to inspect replaced parts
- the right to a detailed invoice, and
- the right to inspection after repair.
Shops typically aren’t required to guarantee their work. If a shop offers a guarantee, it must be clearly explained to the customer.
Some auto repair shops may try to avoid liability for shoddy repairs by posting a disclaimer saying that the shop isn’t responsible for vehicle damage or accidents stemming from repairs. These types of disclaimers typically aren’t enforceable, and can’t prevent you from suing the shop and mechanic for negligent repairs.
What Are Some Different Types of Faulty Car Repair Work?
A mechanic is supposed to make your car safer and more reliable by performing routine maintenance and fixing problems as they arise. But, like other professionals, even good mechanics can make careless mistakes.
Work that falls below industry standards is considered negligent. Common types of negligent auto repair work include:
- failing to complete necessary repairs
- ordering or installing the incorrect replacement part
- damaging other parts of the vehicle in the course of repair work
- performing wrong or unnecessary repairs
- failing to identify repairs that need to be done
- permitting unqualified or untrained mechanics to conduct repair work
- modifying vehicle parts illegally, and
- leaving debris or other foreign objects in the vehicle.
How Do I Report Bad Auto Repair Work?
If you’re unhappy with the quality of a mechanic’s work, talk to the shop manager or owner first. If that doesn’t work, consider contacting a contact your state or local consumer protection office. Some states, like California, have offices dedicated to protecting automotive repair consumers.
Another potential option is to file a claim in small claims court, which provides a relatively simple way to resolve disputes under a certain dollar limit without a lawyer.
Can You Sue a Mechanic or Repair Shop for Bad Auto Repair Work?
Some faulty repairs cause more than a broken-down vehicle. A car that isn’t in good working condition isn’t safe and may crash with devastating consequences.
Mechanics owe their customers a duty of care to competently complete repairs. If a mechanic’s sub-standard work causes a car accident, you can sue the mechanic and repair shop for negligence.
For example, let’s say you took your car to the shop to have your brakes checked. The mechanic says you need new brake pads. You agree to the repair. The mechanic carelessly installs the wrong brake pads for your vehicle. On your way home from the auto shop, your brakes fail when you try to stop at a red light and you crash into the car in front of you. You fracture your wrist as a result of the collision and total your car.
In this case, you can sue the mechanic and repair shop and ask for compensation for your medical bills, lost wages, property damage, and pain and suffering.
How to Prove a Negligent Auto Repair Case
It’s not easy to prove that a mechanic is legally responsible for your car accident. The mechanic is likely to argue that the repairs were done properly and that you are responsible for the accident.
To give yourself the best possible chance to win, you’ll need to gather evidence. For example, if the mechanic replaced any parts in your car, ask for the used parts right away. If the shop won’t give them to you, ask for them again in writing and make the shop deny your request in writing. You’ll either get the parts you need or you’ll have proof that the shop is trying to hide something.
At some point, you’ll probably need to have an expert weigh in and offer an opinion about whether the mechanic met the standard of care in the industry for auto repairs. Finding the right expert can be challenging. A car accident lawyer can help.
Do I Need a Lawyer to Sue a Mechanic or Auto Shop?
You don’t have to hire a lawyer to sue a mechanic or auto shop. If your claim is small, you may be able to represent yourself.
But if your claim involves a car accident, especially an accident causing injuries, you should talk to a lawyer. A lawyer can help you investigate your claim and hire the right experts to prove that the mechanic was negligent and that the mechanic’s negligent repairs caused the crash.
A lawyer can give you a sense of how much your case might be worth and help you negotiate a settlement. Having a lawyer on your side is not a guarantee of success, but it will help you get the best possible outcome in your case.
Next Steps After Negligent Car Repair
To get started with your claim:
- Figure out how long you have to file your claim.
- Consider writing a demand letter to the mechanic and the auto shop.
- Prepare for the possibility that your case may go to trial.
A lawyer can answer your questions about your legal options and the strengths and weaknesses of your case. Most car accident lawyers offer free consultations and represent their clients under contingency fee agreements. You'll only owe the lawyer a fee if you win a settlement or judgment. Learn more about working with a car accident lawyer.