Question: I took my car in for service and when it was returned, my transmission was no longer working properly. The mechanic said that he didn’t do anything to it, but the vehicle was working perfectly when I left it at his place of business. I am not sure what type of lawyer I need or what I can do about the situation.
First, the type of lawyer that you may need depends on the type of claim that you would like to file. A lawyer can walk you through each possible cause of action and the legal elements that you must establish. If you were to file a lawsuit, you would be known as the plaintiff and you would have the burden of proving the legal elements of your case.
One type of claim that may be available based on your circumstances is a breach of contract. If the mechanic was contracted to perform the work in a skillful manner and he did not, you may be able to sue on these grounds. If the service was provided as part of a warranty on the vehicle, you may have a breach of warranty case. The legal complication of this issue may be that you may not have a contract for the transmission work. Therefore, the mechanic may not have breached his duty if he performed the other work correctly.
Another possible cause of action is negligence. This legal theory is based on the idea that the mechanic owed you a duty to properly repair your vehicle and that by messing up the transmission, he breached the duty. The other elements that you have to prove are causation and damages. Based on your description, damages should be relatively clear as they will amount to the money that you will have to spend to get the transmission fixed.
The biggest legal complication that you are likely to encounter is to prove causation. Your theory will be that the mechanic caused the damage to the vehicle. Based on your description, it sounds like the mechanic will say that he did not do the damage. He may even say that the damage had to be there before you brought the vehicle in, but you may not have been aware of it. Remember, you have the burden of showing the court that the mechanic actually caused this damage. Therefore, you will likely need more than just your word to prove this series of events. For example, you may need to have another mechanic inspect the vehicle and write down his or her observations and opinion about what caused the transmission problem. If you decide to go to court, you will likely need the mechanic to appear in court to provide testimony as a written document of this nature may be considered hearsay.
Options
You may have a variety of options on how to handle this problem. The first is to try to talk to the mechanic’s boss or the corporate office. If the mechanic is not the owner, the owner may be willing to cover the expense of repairing the transmission if he or she thinks that the mechanic was responsible. If the mechanic’s shop is part of a national chain, you may be able to reach someone from the corporate office about this problem. If a corporate office representative feels that the shop is liable, they may want to avoid any negative publicity or reviews about their company.
If you think that the mechanic intentionally damaged your vehicle as part of a scam, you may wish to contact the Office of the Attorney General in the state where the vehicle was repaired. This office is usually tasked with handling consumer concerns.
Another option is to pursue the matter through small claims courts. In most jurisdictions, cases can be brought before the judge if the damages are less than $5,000. Some states allow you to bring your lawyer to this type of court while others do not. As a final resort, you may choose to sue the mechanic or the shop that you feel is responsible. However, litigation can be expensive and may even exceed the cost to repair your transmission. Consult with a lawyer in your area to determine the best course of action.
