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When you take a car to a repair shop for them to look it over or repair something, you create what the law calls a "bailment" contract. That requires the shop to take reasonably good care of the car while it is in their custody. When a shop does any kind of work on your car, unless they use special language to avoid giving you a warranty, you automatically get a warranty that they are going to do the work in a "good workmanlike manner." That requires that they do the repair or service work right. If they don't then you have a right to recover damages for what they do wrong. But you have to be able to prove that the reason for your new problems is something that the repair shop did or did not do. In other words, you have to be able to show that it was the repair shops fault. The one exception to that is under a bailment contract, like you have here, where they return the vehicle back to you and it is not in substantially the same condition that it was in when you gave it to them. Under that circumstance, the repair shop may have the burden of proof to show that they are not the reason for the new problem. The law is different in each state too. You need to talk to a local New York Consumer Law attorney. Call your local attorney's Bar Association or you can go to this web site page (http://ohiolemonlaw.com/locate-a-local-attorney...) for a free national list of Consumer Law lawyers and find one near you (lawyers don’t pay to get listed here and most of them are members of the only national association for Consumer Law lawyers, NACA.net). Also, for every legal right you have, you only have a limited amount of time to actually file a claim or your rights expire (it's called the statute of limitations), so don't waste your time getting to an attorney and finding out what your rights are. If this answer was helpful, please check the box below.
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