What to do if I had work done on the front end of my car 2 months ago and had an accident has a result?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if I had work done on the front end of my car 2 months ago and had an accident has a result?

A week after the work was completed, the passenger side tie rod fell out. The shop paid to tow the car back and repaired the issue. They terminated the mechanic who worked on my car, saying he left off the nut that holds the rod in place. 2 months later, the driver side rod fell out, causing an accident. This time, the shop said they weren’t liable because they didn’t work on the driver side of my car. My receipt shows that the driver side CV axle was replaced, which requires the removal of the tie rod. My insurance company has totaled my car and is reimbursing the value of my car, but I believe the shop should be liable and also that I should receive a refund of the $1500 I paid for the initial work.

Asked on March 19, 2013 under Accident Law, Florida

Answers:

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

Answered 8 years ago | Contributor

You can sue the repair shop for negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable mechanic/auto repair shop 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 due to the substandard work), actual cause, proximate cause, and damages.

Actual cause means but for the repairs, would the accident have occurred?  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 repair shop 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 against the auto repair shop.  Your damages would be the value of your car (it does not matter that you received reimbursement from the insurance company) and the $1500 you paid for the repairs.  If you prevail in the case, you can also recover court costs which would include the court filing fee and process server fee. 

You will need to file your lawsuit prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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 with SHA-256 Encryption