Negligent Repair Claim
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A Warning from Car Accident Attorneys
You have perhaps heard of horror stories about people taking their cars to service stations or mechanic repair shops only for them to drive away with unsafe cars – leaking fluids, brake failures, and etc. When poor car repairs lead to a car accident, the mechanic repair shop or service station might be liable for the damages sustained. Getting good car accident attorneys will play a huge role in making sure that you get well compensated for the damages. This article provides a more detailed look into negligent car repairs.
Standard of care for car repair shops
When you take your car in for repairs or even scheduled maintenance, the mechanic, car repair shop, or even the service station should carry out repairs on your vehicle with a reasonable standard of care. These standards of care include:
- Doing the repairs in a careful and professional way
- Displaying the ordinary knowledge and skills of other car mechanics
- Examining and test driving your car to ensure that it is totally safe for use
- Not carrying out necessary repairs
- Providing a written estimate and getting approval from you before performing any repairs on your car
The car service business or mechanic might be held responsible in case you incur any damages as an outcome of negligent repair works. Some common examples of negligent mechanic works include the following:
- Not fully repairing the worn out or broken parts
- Installing the incorrect replacement part to the car
- Damaging other parts of the vehicle while performing the agreed upon repair
- Not noticing major repairs that should be done
- Modifying the car in a way which makes it illegal for operation on public roads
- Not removing dirty fluids, debris, or any other foreign objects when performing repairs
If a mechanic’s mistake causes an accident, then you have a right to sue them. If the at-fault mechanic, on the other hand, offers to fix the defective repair free of charge, you have a duty to reduce the damages, which means permitting that mechanic to re-fix your vehicle – that is, if you didn’t suffer any bodily injuries, of course!
Negligent repair cases could be quite challenging to prove. It is best to consult with skilled car accident attorneys to protect your rights and ensure the highest possible compensation for your medical expenses, lost wages, property damage, and pain and suffering.
Negligent repairs and liability
Car mechanics have a huge responsibility to their clients. Their responsibility is to make sure that the car repairs are performed properly and that the repairs have been conducted in line with the current standards. However, should the mechanic fail to do this and the client suffers injuries and damages as a result, then the mechanic could be liable for the loss or damages suffered by the car owner.
For any negligent car repair claim, you will need to prove three things.
- It must be shown that the mechanic owed the car accident victim a duty to use reasonable care. Reasonable care is the care for the safety of others that any rational person would exercise under such a situation.
- It should be proven that the mechanic was careless or negligent when carrying out the repairs.
- There should be proof that the mechanic’s negligent repair is the one that led to the car accident, which in turn caused the injury and damages.
If you were injured in a car accident caused by negligent repair, contact top car accident attorneys near you to get the help you need.
Last Updated: 03-24-2017