If my wife and I have taken our vehicle to the same mechanic twice now to be repaired but it has broken down for a 3rd time, what are our rights?

There is a 6 month warranty on parts and labor. Can we take our vehicle to another shop and make the first shop pay, and can we get a refund from the first shop?

Asked on July 31, 2015 under Business Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If the warranty is from the first repair shop, you most likely have to keep  bringing the car to them to fix--that's how most warranties like this work. However, to be sure, read the warranty paperwork/agreement carefully; warranties are contracts, and like all contracts, are controlled or governed by their specific language and terms. You have those rights, and the repair shop those obligations, as the warranty gives you--and no other rights or obligations.

Ultimately, if this mechanic cannot fix the car, you may need to take it to another mechanic. IF that other mechanic finds that the failure to repair was due to the negligence (unprofessional carelessness) of the first mechanic, you may have a case, based on their negligence, to recover monetary compensation (e.g. what you'd paid them; and/or the cost to have someone else complete the repairs), but would have to sue them to get the money if they won't voluntarily compensate you.


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