What to do if I believe that the mechanic my warranty company sent me to caused damage to my car?

UPDATED: Oct 19, 2012

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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


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 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.

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.

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