You can sue someone for wrecking your car if they provided defective or negligent vehicle maintenance or repairs that led to your accident.
When a mechanic trained to maintain and fix vehicles fails to provide the quality service expected, it can lead to serious accidents and injuries. This is especially true when there are concerns about the vehicle’s vital systems, such as brakes, steering, tires, or suspension.
You may be able to sue the auto shop, dealership, or mechanic if:
- The mechanic agreed to provide maintenance or repairs.
- They failed to provide the quality of care expected.
- This failure caused your accident.
- You have injuries and related losses.
Defective Maintenance and Repairs Can Cause Accidents
Because so many moving parts play a role in the safe and proper functioning of a vehicle, poor maintenance or repairs can lead to negligent accidents in many ways. This could include:
- Failure to repair a significant problem
- Improper or faulty repair of a problem
- Failing to perform requested maintenance
- Poorly performing maintenance
- Ignoring the driver’s concerns or misdiagnosing the problem
There are also other laws in place that provide options for victims of other types of vehicle defects. Many states have “lemon” laws that provide warranties for motor vehicles with defects and problems from the outset. In Louisiana, this is codified under Louisiana Revised Statutes (RS) §51:1942.
It may also be possible to build a case against a parts manufacturer if your vehicle system fails because of a defective part, and this causes your accident. For example, a tire failure might not be the fault of the mechanic who changed the tires.
Instead, the tire might be made from defective rubber, which caused tread separation and, ultimately, your collision.
For a free legal consultation, call 800-537-8185
Developing a Case Based on Faulty Repairs or Maintenance
You will need to provide evidence to show the mechanic acted negligently in repairing your vehicle. This action will allow you to file a claim or suit against the mechanic’s employer or their company if they own their own business.
The evidence necessary to show faulty repairs or maintenance may include expert witnesses who can testify about the expected repairs and whether your original mechanic provided them.
You will need to confirm that the mechanic who was tasked with providing repairs or maintenance did not provide service according to a reasonable standard of care. There must also be a causal link between the failure of the mechanic and your accident.
You will then need to provide evidence of your injuries, prognosis, medical bills, and other recoverable damages. A car accident lawyer may be able to help you build a case and navigate the claims process.
Protect Your Rights Following Your Car Accident
If your car accident occurred because of negligent auto work, an attorney near you can discuss your legal options. Having an attorney on your side can help you stay on track through the process and protect your rights.
It is important that you do not discuss the repairs or accident with the mechanic, shop owner, or any other representative of the garage. It is best to avoid agreeing to a settlement or another agreement with the auto shop without first knowing your damages will be covered.
An attorney can help you determine if the settlement value is fair based on the factors of your case.
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Seeking Compensation After Your Faulty Repairs Accident
You can sue someone for wrecking your car. Potentially recoverable losses include:
- Past and future medical care and additional expenses for accident injuries
- Lost wages and diminished earning capacity
- Property damage, including damage to your vehicle
- Pain and suffering damages
- Additional non-economic losses
- Miscellaneous accident-related expenses
There are deadlines for filing lawsuits in this type of case. For example, in an accident in Louisiana, victims generally only have up to one year to file a personal injury claim under Louisiana Civil Code (CC) §3492 . Contact our team as soon as possible to learn more.
Get a Complimentary Case Review Today from Morris Bart, LLC
You can speak with a team member from the Morris Bart law firm about your accident and injuries today. We are a contingency fee firm, which means we only receive payment if we settle your case.
Call (800) 537-8185 now to reach us and receive your complimentary consultation with a team member.
Questions?Call 800-537-8185
to find a Morris Bart office near you.