Many times, it is not human error on behalf of the driver that leads to a car accident but rather the error of a mechanic who worked on your car or the other driver’s car. If faulty workmanship was a contributing factor to an accident, you may want to pursue damages against the mechanic. Will you be able to make a claim?
We have asked attorney, Alaina Sullivan, about what you should do. Here is what she had to say:
Defective Mechanic Work
When a mechanic’s work includes poor quality and faulty repairs, that work product is defective mechanic’s work. It is always recommended you find a mechanic who is licensed as these individuals are held to specific industry standards.
These standards include repairs, upgrades, or adjustments to parts of a vehicle. Mechanic’s work involves motor parts of the vehicle and not cosmetic parts of the car. Parts that involve the motor or inner workings of the vehicle are held to a high standard given the risk involved.
If your engine is faulty or your brakes give out, your car is no longer safe to drive. If a mechanic recently worked on an essential part to your car that was found to be malfunctioning following a car accident, you have defective mechanic work and could have a claim or even a lawsuit.
Examples of Defective Mechanic Work
Many different things can be considered defective mechanic work. It can include doing the wrong procedure when fixing the car, installing the wrong part, or not installing it correctly. A mechanic can also fail to notice that a major repair was needed, leading to allegations of improper vehicle inspection and diagnosis.
If, while the mechanic is working on the car, he or she damages another part not related to the one being fixed, that could also fall under the category of defective work.
Forgetting to properly clean up, removing any scraps, fluids or foreign objects used during the repair can also be defective mechanic work. These mistakes may sound small, but they can bring about some major damages.
Legal Issues with Defective Mechanic Work
Before work is done on a vehicle, a mechanic will normally need to run a diagnosis report to determine what repairs actually need to be made to the car. Once that diagnosis is reviewed with the customer, then an agreement on amount, terms of payment, and time for repair is usually worked out.
Most consumers do not actually read through the fine print in these agreements, so a lot more might be in there than realized. You will need to make sure that you are fully able to pursue a claim before going any further.
The next issue arises in showing a connection in what happened in the accident to the defective work done. You have to show evidence of 1) fault on behalf of the mechanic and 2) connection between that fault and the accident.
Keep all documentation you have from the work, including the diagnosis report, invoices, work orders, contracts or any written communication regarding the repairs. You need this information for proof of any guarantees that were made by the mechanic.
Also, keep track of your medical bills and auto body bills paid following the accident.
Lastly, you will want to obtain the assistance of a personal injury attorney. Someone who knows what they are talking about will need to testify as to the connection between the negligence of the mechanic and the damage done to you or your vehicle.
Simply showing the defective work exists is not enough. An attorney will need to show that, if not for the defective work, your injuries would not have either happened or be as bad as they are. Without the help of an attorney you will be hard pressed to prove your case.
Contact an Attorney Today
A licensed personal injury attorney will be able to evaluate your case and determine if you have a claim against the other party’s insurance company. To receive the compensation for your medical bills, property damages, and pain and suffering, you should speak with a personal injury attorney in your area today.
