How should I proceed against a mechanic whose incompetent”repair” had resulted in major damage to my car?
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How should I proceed against a mechanic whose incompetent”repair” had resulted in major damage to my car?
Mechanic hired to fix a small leak in exhaust pipe next to catalytic converter. Work was shoddy (welds had to be covered with cement to cover leaks, hangers were misaligned by crooked welding, design modifications to cover errors made without consent. A simple project became a mess). The check engine light came on the following day and the code indicates the catalytic converter is contaminated. Only fix is to replace it, and because of modifications they made, the entire $2,300 exhaust system must be replaced. Confirmed by dealer and two shops.
Asked on September 15, 2010 under Business Law, Massachusetts
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Speak with an attorney. You may have a cause of action for negligence: in a duty or job which they voluntarily took on (the repairs), unreasonable carelessenss and/or incompetence caused you economic damages which you could recover for. (Or if they deliberately did a shoddy job, that's also actionable as an intentional tort.) In addition, there may be a contractual cause of action--by not repairing your car, they violated the "contract" between you and therefore should not be paid. In short, they are several grounds under which you may have a cause of action, so you should speak with an attorney who can evaluate the situation in more detail and advise you as to your options and recourse. Good luck.
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