It is difficult to find a trustworthy mechanic. If you have taken your vehicle into the mechanic’s shop and he or she has done more damage than repair work on the vehicle, you may have a legal cause of action. However, a lawyer familiar with property damage cases may be able to advise whether it is worth the time and expense of litigation or if an alternative would better serve your interests.
Legal Causes of Action
If you believe that the mechanic lacked the requisite knowledge and skill and these factors caused the mechanic to make faulty repairs, you may have a negligence claim. This type of claim is based on the mechanic having the duty to safely and correctly repair your vehicle based on his or her role as a mechanic. Basically, if the property was harmed as a result of the mechanic’s conduct and he or she did not act with the care necessary under the circumstances, a negligence claim can arise.
Another possibility is a trespass to chattel claim. This may be a more difficult case because it requires that you show that the mechanic intended to cause harm to your property.
A breach of contract claim may be available under these circumstances as well. If the mechanic did not complete the work correctly, he or she may have breached his or her obligations under the contract. If the mechanic’s work was part of a warranty, a claim for a breach of that warranty may also be a cognizable cause of action against the mechanic.
Legal Issues
Most causes of action that would fall under this fact pattern require you to show that the mechanic’s actions actually caused the damage. This can often be difficult, especially when the mechanic’s defense is that the problem was pre-existing or caused by user negligence.
Another issue that can arise in cases of this nature is the amount of actual damages. The plaintiff is not entitled to a windfall if someone caused him or her injury. For example, if a mechanic already installed new parts on a vehicle and a second mechanic has to replace other parts, the plaintiff is not entitled to the first set of services free of charge in most cases.
Legal Options
If you choose to pursue legal action, you may choose to bring the case through small claims court if the value of the case is less than the statutory maximum, which is usually $5,000. An alternative is to hire a lawyer who can sue the mechanic or the mechanic shop where you received the repairs. However, litigation can often be expensive and the cost to bring the case forward may be more expensive than the actual recovery of the repairs. Additionally, some states allow for attorney fees to be paid by the defendant if the claim is brought under a breach of contract legal theory.
Another legal option may be to engage in alternative dispute resolution. This can include mediation in which a neutral third party can help you and the mechanic reach a solution. Another option may be arbitration in which the parties agree to be bound by the decision that a neutral arbitrator makes. These options are often less expensive than going to trial in civil court.
Other Options
Other than litigation, you may have other options. For example, if the mechanic shop is part of a larger chain or dealership, you may be able to work your way up the corporate ladder to explain your complaint. Corporate may be concerned about complaints that could affect their Better Business Bureau rating or online reviews. You can also consider contacting the Attorney General in your state who is tasked with consumer concerns if your problem is the result of a scam. For example, mechanics may convince customers that they need work done and then not actually complete the work. Other times, they may offer a low price for a repair and then intentionally cause another issue in hopes that the customer will return to the same shop for repairs.
Repairs may be covered under the vehicle’s warranty. Extended warranties may also protect against this type of problem. If the repair was necessary after an accident, your automotive coverage may cover it. You may be able to contact your insurance company to see if they can arrange for you to take the vehicle to another repair shop.
