What to do if I had work done on the front end of my car 2 months ago and had an accident has a result?
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What to do if I had work done on the front end of my car 2 months ago and had an accident has a result?
A week after the work was completed, the passenger side tie rod fell out. The shop paid to tow the car back and repaired the issue. They terminated the mechanic who worked on my car, saying he left off the nut that holds the rod in place. 2 months later, the driver side rod fell out, causing an accident. This time, the shop said they weren’t liable because they didn’t work on the driver side of my car. My receipt shows that the driver side CV axle was replaced, which requires the removal of the tie rod. My insurance company has totaled my car and is reimbursing the value of my car, but I believe the shop should be liable and also that I should receive a refund of the $1500 I paid for the initial work.
Asked on March 19, 2013 under Accident Law, Florida
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
You can sue the repair shop for negligence. Negligence is the failure to exercise due care (that degree of care that a reasonable mechanic/auto repair shop would have exercised under the same or similar circumstances to prevent foreseeable harm).
In order to prove negligence, you will need to prove duty (of due care mentioned above), breach of duty (failure to exercise due care due to the substandard work), actual cause, proximate cause, and damages.
Actual cause means but for the repairs, would the accident have occurred? If the answer is no, which appears to be the case, actual cause has been established. Proximate cause means are there any unforeseeable, intervening acts which would relieve the repair shop of liability? If the answer is no, proximate cause has been established. Damages means the amount of monetary compensation you are seeking in your lawsuit for negligence against the auto repair shop. Your damages would be the value of your car (it does not matter that you received reimbursement from the insurance company) and the $1500 you paid for the repairs. If you prevail in the case, you can also recover court costs which would include the court filing fee and process server fee.
You will need to file your lawsuit prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
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