what legal course can i take against a mechanic who took my car

Should I take legal action against a mechanic who damaged my car?

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.

Can you sue a mechanic or auto shop for negligence?

Nov 17, 2016 · If your car ends up with more damage after a trip to the mechanic, you likely have questions regarding the mechanic’s skills, ability, and negligent behavior. A question on everyone’s mind when taking their car in for service is whether you can sue a mechanic or auto shop for negligence if the “fix” damages your car rather than repairs it.

What to do if a mechanic refuses to fix your car?

Jan 06, 2010 · Certainly you can take legal action against the mechanic, however, you will need to be able to prove any allegations made against mechanic by a preponderance of the evidence. This will in all likelihood mean that you will need to retain the services of expert mechanic to detail the things done wrong by the mechanic you are suing.

What are the legal issues with mechanic work?

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 ...

What happens if you take your car to a 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.

What is a mechanic's negligence claim?

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.

What can a neutral third party do?

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.

Collect Available Evidence

Gather all the relevant evidence, pronto. In this situation, this means getting your used parts (it's a good idea to do this any time you have major work done). If the garage will not give them to you, ask again by letter, keeping a copy for your file.

Have Your Car Checked by an Expert

Before you drive many miles after the disputed work is done, have your car checked by an experienced mechanic. Sometimes it is possible to get a free estimate from a repair shop.

Try to Settle

By now you should have a pretty good idea what the first garage did wrong. Call and ask them to redo the job or refund part or all of your money. Often the repair shop will agree to do additional work to avoid a hassle. If they agree to take the car back, insist on a written agreement detailing what they will do and how long it will take.

Write a Demand Letter

If the garage isn't cooperative, it's time to write a formal demand letter. Your letter should be short, polite, and written with an eye to a judge reading it.

File Your Court Papers

If you still get no satisfactory response from the garage, file your papers at the small claims court clerk's office in the county where the garage is located.

Prepare Your Case

If you want the judge to understand your case, you must understand it yourself. Sounds simple, doesn't it? It did to me too, until I got involved with a case involving a botched car repair. All I knew was that after I paid to have the engine fixed, the car shouldn't belch black smoke and make a disgusting noise.

Appearing in Court

When you show up in court, be sure that you are well organized. Bring all the letters you have written or received about your car problem, any written warranty, photographs if they are helpful, and your used parts if they aid in making your case.