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Long, Jean & Wechsler, P.A.

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Can you sue a mechanic or an auto repair shop for negligence that results in a car accident?

September 24, 2021 by Ryan Wechsler, Esq.
Signing paperwork at a mechanic - sue mechanic

Auto Repair Shop Negligence

When your vehicle requires repair or maintenance, you go to a mechanic for their expertise so they can identify the problem and fix it. However, if the mechanic is negligent when working on your vehicle and they perform faulty repairs or create additional problems, they can be held liable for their actions or lack of. Most auto repair shops carry some form of liability insurance for this very reason.

Mechanics are responsible for avoiding such incidents, and they should do their due diligence to make sure situations like negligence do not occur.

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How to prove a mechanic or auto repair shop was negligent?

Anytime an accident occurs as a result of the inaction or negligence of a mechanic or auto repair shop, the party at fault may be responsible for any damages resulting from the accident. As the victim, you may be entitled to compensation.

Proving a mechanic or auto repair shop was negligent can be difficult. Sometimes, the evidence is so clear that it’s a pretty straightforward process. Other times, you need the help of a highly skilled personal injury law firm to conduct a thorough investigation on your behalf and fight for your justice.

It all starts with documentation. Documentation is absolutely vital for any personal injury case. You want to start by gathering records of the work the mechanic performed on your vehicle. This can include copies of the written estimate, the final invoice, any guarantees and warranties provided by the repair shop or mechanic, a list of parts ordered, work orders, and even written requests you made to the mechanic. You can also strengthen your case by obtaining additional evidence, such as the old parts that were replaced.

Next, you want to gather images and videos, as well as any documentation regarding the car accident that occurred. If you have medical bills, save those as well.

What are some examples of negligence or faulty repairs from a mechanic?

Every vehicle is unique and has its own set of maintenance and repair needs and requirements that must be fulfilled. As such, this is not an exhaustive list, but rather a representative one, showcasing a few examples of what can happen if your mechanic is negligent or performs faulty repairs on your vehicle.

  • Brake failure
  • Unintentional acceleration
  • Power steering failure
  • Electrical fires or any fire
  • Any mechanical failure
  • Loose items left under the hood
  • Failure to actually perform any work

Suing Mechanics for Faulty Repairs: Proving Liability

What can you do now? You are probably wondering if you even have a case. In this situation, the odds are you do have a case. The only question is, how strong is it? After all, you know the mechanic or auto repair shop was negligent, and their faulty repair was a contributing factor leading to your car accident.

Proving liability is the foundation of any personal injury case because it establishes who is legally responsible for the harm caused. Without clearly demonstrating that another party’s negligence, recklessness, or wrongful action directly led to your injuries, you cannot recover compensation.

The strength of your case will be determined by how much evidence you or your personal injury attorney can collect to demonstrate that the mechanic or auto repair shop was negligent and failed to fulfill their duty to you properly, and, as a result, you were in a car accident.

Proving liability connects a mechanic’s misconduct (like making faulty repairs) to your losses, such as medical bills, lost wages, and pain and suffering. It determines who pays for the compensatory damages and strengthens your negotiation power during mediation. Without proof of liability, there is no legal basis for a personal injury claim. It is the most critical factor when building a case.

During a mechanic negligence lawsuit, your attorney will work to do the following:

  • Review your auto repair records and invoices.
  • Consult with outside automotive and mechanical experts regarding repairs and accidents.
  • Compare your mechanic’s actions to industry standards.
  • Demonstrate that the mechanic’s actions or inactions directly caused your injuries.
  • Gather proof of the financial and physical impact of the faulty repairs.
  • Investigate the shop’s practices and establish the auto repair shop’s liability.

Combining mechanical evidence, expert insight, and a clear legal strategy enables an attorney to make a strong case for auto repair shop liability, holding the responsible party accountable for their negligence.

Common Defenses and Challenges in Mechanic Negligence Cases

When suing a mechanic for faulty repairs, the shop has the right to a legal defense. There are several common challenges when pursuing compensation for faulty auto repairs — the most significant is proving direct causation. Additionally, shops may attempt to argue that repairs were performed to industry standards, that the accident was caused by new issues that they are not responsible for, and other similar claims.

Proving negligence in these cases can be challenging, as it requires expert analysis, detailed records, and a clear connection between the faulty repair and the resulting harm. This is why having an expert personal injury lawyer fighting on your behalf is so essential.

What is the statute of limitations for mechanic negligence claims in Florida?

Florida’s statute of limitations for filing a lawsuit due to a mechanic’s negligence is two years from the date of the incident, as per House Bill 837, which took effect in March 2023.

There is an exception to the two-year rule. If the faulty repairs and damage in your car are not immediately apparent, Florida’s “discovery rule” may apply. The discovery rule allows the two-year timeframe to begin on the date your injury becomes apparent rather than on the date of the car service.

What compensation and damages can you recover in a mechanic negligence lawsuit?

In a mechanic negligence lawsuit, you may be entitled to recover a range of compensatory damages, both economic and non-economic, depending on the nature and extent of your losses. Economic damages include tangible losses backed by quantifiable numbers, while non-economic damages are more abstract and require careful calculation.

Medical Expenses and Vehicle Repair Costs

Medical and vehicle repair costs are often the largest bills resulting from mechanic negligence lawsuits. These costs can quickly add up, especially when serious injuries require ongoing treatment or when a vehicle is deemed a total loss after a crash.

Hospital bills, surgeries, physical therapy, lost wages, vehicle repair or replacement, and more all contribute to these costs.

Pain, Suffering, and Other Compensatory Damages

Intangible losses such as physical discomfort and chronic pain caused by injuries, emotional trauma, loss of enjoyment of life, and more, may all be calculated towards your total compensation. Additionally, punitive damages, which the courts award in particularly reckless cases of negligence, may count towards your total settlement package, too.

Choose the right personal injury lawyer to fight for you.

Schedule a free case evaluation with one of our team members to speak directly with an attorney. Together, you can discuss your legal options to understand your rights and explore the potential value of your case.

All of our initial consultations are complimentary and are 100% obligation-free. If you decide to hire us, there is no cost or fee unless we win.

Schedule a free case evaluation today or call us at 954-715-2400

Category: Motor Vehicle AccidentsTag: Car Crashes
Previous Post:Women calling for help as a man is taking a picture of the car accidentWhat should you do after a car accident? Advice from a car accident lawyer.
Next Post:Construction Site Accidents Due to Maintenance NegligenceInjured construsction worker being atteneded to
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