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Can I sue a mechanic shop for negligence repairs and not owning up to their mistakes

Dallas, TX |
Filed under: Business

Took my car in for a front end alignment and break repairs.. Next day while driving to work I hear noises coming from front driver wheel..I took car back in the next day and mechanic test drove and said it was my axle without even putting it on car lifts.. So I drove car for a day and half more and sound starting getting worse.. Five minutes after getting off highway, car wheel came off resulting in me having to leave me car and it been towed.. Had to pay to get car from pound and have it towed to a dealership, come to find out my wheel wasn't properly tightened at time of repair.. Lucky for me and kids the wheel didn't come off while on freeway.. So I took car and all receipts of repairs and tow to mechanic shop and they are not owning up to their mistake and refuse to reimburse money out

Attorney Answers 2

  1. Yes, this sounds like a typical Small Claims case situation. To prove their negligence, you'll need an expert to testify to their mistakes, how they were fixed, and an invoie and proof of your payments to show how much you paid for the negligent work and mhow much you had to pay to have someone else repair the problem.

    PLEASE READ THIS BEFORE YOU COMMENT, EMAIL ME OR PHONE ME. I'm only licensed in CA. This answer doesn't make me your lawyer, and neither do follow-up comments and/or emails and/or phone calls, and you shouldn't expect me to respond to your further questions if you haven't hired me. We need an actual agreement confirmed in writing before any attorney-client relationship is formed. This answer doesn't constitute legal advice, and shouldn't be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.

  2. Based on what you described this seems like it would fall under the Texas Deceptive Trade Practices Act since there is an implied warranty of good and workman-like performance. I would recommend hiring a consumer law attorney to walk you through the steps. You are required to give 60 days notice to the defendant (the repair shop). By the statute you are able to recover reasonable attorney's fees.

    This answer is provided for your general information based on the facts given and that it is not legal advice and does not create an attorney-client relationship with either Ms. Lindsay or the Law Office of Claire Lindsay. It is recommended that you consult with an attorney licensed to practice in your jurisdiction for specific legal advice to your situation.

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