What to do if I believe that the mechanic my warranty company sent me to caused damage to my car?
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What to do if I believe that the mechanic my warranty company sent me to caused damage to my car?
Long story short, I had it towed out of his shop and to another mechanic who found a screw embeded in a part of the engine. The repairs cost me $2,000. Can I make the first mechanic pay for the damage he caused?
Asked on October 19, 2012 under General Practice, Massachusetts
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
You can sue the first mechanic for negligence. Negligence is the failure to exercise due care (that degree of care that a reasonable mechanic would have exercised under the same or similar circumstances to prevent foreseeable harm).
In order to prove negligence, you will need to prove duty (of due care mentioned above), breach of duty (failure to exercise due care), actual cause, proximate cause, and damages.
Actual cause means but for the first mechanic, would your car have been damaged? If the answer is no, which appears to be the case, actual cause has been established. Proximate cause means are there any unforeseeable, intervening acts which would relieve the first mechanic of liability? If the answer is no, proximate cause has been established. Damages means the amount of monetary compensation you are seeking in your lawsuit for negligence. Your damages would be the cost of repairs to your car. Your damages would also include the cost of a rental car if you had a rental car while your car was being repaired. You may be able to file your lawsuit in Small Claims Court. Your damages should also include court costs which would be the court filing fee and process server fee.
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