How should I proceed against a mechanic whose incompetent”repair” had resulted in major damage to my car?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

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 11 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption