Is it worth pursuing legal action against a mechanic whose mistake resulted in a loss of vehicle?

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Is it worth pursuing legal action against a mechanic whose mistake resulted in a loss of vehicle?

Incorrect amount of coolant installed – freezing temperatures caused severe damage to radiator and engine resulting in total loss of vehicle. On 8/11/2016 Master Mechanics 1 installed a radiator charging me 800 when they told me it would cost 400 – they were close and I couldn’t drive further to my preferred mechanic. There is no invoice number listed though an

Asked on December 20, 2016 under Business Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Legally, if you believe that the damage was done due to the mechanic's carelessness or negligence, he and his employer (since this was done in the course of employment) are responsibe for the full cost of the damage. Practically, you have to be able to prove his fault (the person suing has the burden of proof and must prove his case) and that his act or omission caused the damage, which may be difficult to do. You may need a mechanic to testify on your behalf that was an incorrect amount of coolant which caused the damage, as well as having your testimony as to who last filled or installed coolant; you will need to persuade the court as to what happened.


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