If you’ve been in a car accident and you believe negligence on the part of your mechanic is to blame, you have recourse available to you. Any number of careless mistakes on the part of your mechanic can be a contributing factor in an accident, but being able to prove fault means being diligent. A qualified attorney used to working in cases like this can help you navigate the ins and outs of civil court. Here’s some advice you should always follow to keep yourself protected.
Document All of Your Repair Work
Even the best mechanic can have a bad day, and that’s why it’s important to keep records of all the work you have done on your vehicle. You’ll want an inventoried list of the work performed and carefully file it away as potential evidence in court. If you’ve already been in an accident and your documentation is incomplete, be sure to gather it up anyway. Any evidence that can be used to prove liability can be useful for your case.
Understand the Repair Shop’s Liability
When you come to an auto shop to ask for repairs, there’s the implicit agreement that the shop will return your car to working condition within all reasonable means and alert you to any dangers they were unable to fix. That means that they hold partial or full liability in instances where the untreated or worsened condition contributed to an accident. While many auto repair shops put up notices that they aren’t responsible for accidents caused by their repairs, these are rarely legally binding, and they shouldn’t prevent you from pursuing your case.
Get a Second Opinion
In the wake of your accident, you’re going to want to get evidence that a malfunction facilitated by the shop may have been responsible. The last thing you want to do is bring it to the mechanic who performed your initial repairs. Find a well-regarded auto repair shop to perform an evaluation of your car, and make sure to fill them in on the details of your last repair or service job. A professional opinion can go a long way towards making your case.
Understand the Burden of Proof
There are three things that have to be proven in a negligence suit. You must demonstrate that the auto shop was responsible to provide you with a duty of care, which can usually be demonstrated through the paper trail for your repair work. You must also prove that they were negligent in their duty and that their negligence resulted in a damage or loss. Demonstrating the proof of negligence is often the most difficult factor, but being meticulous and enlisting the services of a car accident attorney can improve your odds greatly.
Regardless of the situation, the last thing you need to do is panic. Take the time to understand the circumstances and develop a plan of action with your attorney.
Author Info: Hannah Whittenly is a freelance writer and mother of two from Sacramento, CA. She enjoys kayaking and reading books by the lake. You can find her on Twitter.
