What to do if my mechanic told the smog technician to run the fan while performing testing but he forgot and overheated my car into the red and it has not run the same since?

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What to do if my mechanic told the smog technician to run the fan while performing testing but he forgot and overheated my car into the red and it has not run the same since?

Now it’s getting worse. I don’t know if I should get it fixed first and then file a claim with his insurance after, or if I should file a claim first because they may say I need to use a particular shop authorized by them. Before either I’d like to know if he can he be held responsible for damaging my car? Where do I start to prove this?

Asked on May 11, 2015 under Business Law, California

Answers:

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

Answered 5 years ago | Contributor

You can sue the smog tech's repair shop for negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable smog tech would have exercised under the same or similar circumstances to prevent foreseeable harm).

Prior to filing a lawsuit, it may be possible to settle thc case with the smog tech's insurance carrier.  It would also be advisable to ask the smog tech's insurance carrier in writing if it requires you to have the repairs done at a shop authorized by them.

If the case is settled with the smog tech's insurance carrier, NO lawsuit is filed.

If the case is NOT settled with the smog tech's insurance carrier, file your lawsuit for negligence against the smog tech's shop.

As for evidence that the smog tech damaged your car, the repair work done by a mechanic with a declaration (statement in writing signed under penalty of perjury) by the mechanic who repairs your car will be the evidence.

 


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