Yes, you can sue a mechanic after a car accident if your attorney can demonstrate that the mechanic’s action caused or contributed to your injuries or led to the accident in some manner. Additionally, you can sue the mechanic of another vehicle involved in the accident if that vehicle somehow played a part in your injuries or losses.
To get you the best possible recovery, your attorney will need to collect evidence to prove the mechanic’s negligence. Continue reading to understand some of the questions your attorney should address to collect such evidence for your claim and lawsuit.
When Was the Work on Your Vehicle Completed?
Some car repairs require maintenance more frequently than others. It depends on the parts or system receiving the repair. Knowing how long a repair should last can determine if its failure caused your accident. For example, failing to sufficiently tighten lug nuts after rotating the tires will likely cause an accident not long after the service. However, replacing belts, worn transmission parts, or thinning brake pads may not become an issue for some time.
For this reason, it is important that you keep all service records for your vehicle. Remember, the service history on your car is part of its value. When you purchase a used car, the service history tells you everything that was done to the vehicle, giving you a better idea of what has occurred or what might occur in the future.
Also, make sure that the service records indicate the mechanic and the company that completed the work. If possible, ask the shop to indicate the parts used. All this information may be helpful in the future. An injury lawyer might also research this information on other vehicles involved in the accident.
For a free legal consultation, call (212) 732-2929
Did the Mechanic Test Drive the Car?
After any repair, your auto mechanic should confirm everything is in working order by driving the vehicle. Driving the vehicle after the repairs could let the mechanic know if there are still issues or if everything is working properly. If the mechanic fails to drive the vehicle, your attorney can demonstrate that they did not professionally complete their work. This is an important step. If an accident occurs, the mechanic can be asked to testify under oath if they noticed anything going wrong with the vehicle.
At the same time, remember that you should report any issues with your car right away. Do not drive away if you feel something is not right. You want to be able to say that you went back to the mechanic, and they told you there was not a problem, or the issue was resolved.
Where Did the Parts Come From?
The fault may not lie with your mechanic. The fault could be in the parts used for the repair. Whatever repair is completed, you should know the source of the parts. If you do not have that information, your attorney can reach out to the auto shop to learn more about the parts used.
Your mechanic may not be aware that a part was faulty. In these cases, you can file a claim against the manufacturer for supplying faulty materials. If an expert witness believes that the mechanic should have known that the part was faulty, then you may proceed with your claim and lawsuit against the individual.
Click to contact our personal injury lawyers today
Is Your Vehicle Subject to a Recall?
Finally, your car may be subject to a recall. Your mechanic should check for recalls and keep abreast of industry news. If you were not made aware of the recall, you may continue with your claim against the auto shop. If the manufacturer concealed a problem with your vehicle, you may file a claim against the automaker for negligence.
Remember, however, that you are subject to the personal injury statute of limitations for New York under CVP § 214. You generally have three years to file a lawsuit, but some circumstances can shorten or extend that deadline. Your injury lawyer can explain more.
Complete a Free Case Evaluation form now
Should an Attorney Review the Case?
Yes. Litigating such cases can be difficult, going far beyond an obvious cause-and-effect scenario.
Primarily, an injury lawyer can handle building your case so that you have the time to heal. They can provide a thorough investigation, such as speaking with eyewitnesses, reviewing police reports and medical records, obtaining car maintenance and repair records, obtaining the vehicle’s “black box” recorder, consulting vehicle experts, and gathering photos and videos. They know the law and understand the processes involved with filing claims and lawsuits. They can review all your options before proceeding and even determine a fair settlement value.
Contact Dansker & Aspromonte Associates Today for a Free Case Review
If you suffered injuries in a car accident, and the cause was the poor maintenance or repair of your car, you may have the right to sue the mechanic of an auto repair shop for negligence.
Find out more with a free case consultation. Our staff can go over your case with you and explain your options.