If a mechanic or auto repair business fails to fix brakes that aren’t working, windshield wipers that don’t get rid of the rain, or any other part of your car– you may be able to file a personal injury claim when the failure is the cause of your car accident. You may also be able to file a personal injury claim if the mechanic or car shop failed to conduct routine maintenance.

Examples of improper car maintenance or car repair work include:

• Failing to install the correct tires at the correct pressures
• Failing to balance the car’s tires  correctly
• Improper brake repairs
• Disabling electrical warning systems
• Disabling airbags
• Failing to properly address the reason a car owner brought their car in
• Failing to comply with Tennessee inspection standards
• Using defective or worn parts
• Many other failures

Mechanics and auto repair shops can generally be held liable for personal injuries and wrongful deaths if they:

• Owe a duty of care to the owner of a car. This duty of care may be due to an individual instance where the owner brought the car into the car shop because the car wasn’t running the way it should or the owner experienced something wrong with the car. The duty of care may also be based on a contract between the mechanic/ auto repair shop to regularly maintain the vehicle.
• The maintenance or repairs were negligent. Generally, car mechanics and car repair companies must work in accordance with industry standards for the particular make and model of the car, and the particular part of the car that must be repaired or maintained.
• The lack of quality car care must be the cause of the accident. If you’re injured in a car accident, the mechanic or auto repair shop may be liable if the lack of quality workmanship caused the accident. For example, if you rear-end a car in front of you because your brakes didn’t work as they should have, then you (and anyone in the car that you struck) may have a claim against the mechanic / auto shop because they failed to ensure the brakes were working. However, if you slammed into the car in front of you because you were texting while driving, the mechanic/ car repair shop is not liable – and anyone in the car in front can file a lawsuit against you for driving while distracted.

What is the basis for a personal injury lawsuit against a mechanic /car shop?

Generally, injured car accident victims (including drivers, passengers, pedestrians, and bicycle riders) can fail a personal injury claim against a mechanic or car repair company based on the following principles:

• Poor repairs. Mechanics have a duty to do quality work. While there are some parts of your car that can’t be fixed (due to old age, an inability to find replacement parts, or other reasons), any part that can be repaired requires that the mechanics and car repair workers must use quality parts, provide quality workmanship, and warn car owners about any known dangers or risks.
• Breach of warranty. When mechanics or car repair companies fail to make repairs in accordance with any warranties or provide their own warranties – they may be liable for any car accidents that happen if they breach the terms and conditions of the warranty. Mechanics and car repair companies should understand what parts are covered, for how long they’re required, what maintenance is required, and which mechanics can repair your vehicle.
• Violations of Tennessee’s consumer protection laws. According to the Murfreesboro Post, “Tennessee Code Annotated section 66-19-104 makes it mandatory for automotive repair facilities to inform consumers of certain key rights before beginning any repair work on a motor vehicle.” These rights include:
  • The right to a written estimate for repairs of $250 or higher
  • The right not to be charged “an amount over 25 percent in excess of the written estimate without the consumer’s consent or good faith attempt to acquire the consent”
  • The right not to be charged for unauthorized repairs unless certain conditions apply

In addition to the mechanic or car repair shop, you may be able to file a claim against a manufacturer of a defective car part if defective brakes, tires, steering columns, electrical systems, seat belts, airbags, or another part fails to work at the appropriate time. We explain whether the mechanic or repair shop may be liable if they used defective parts in their repairs or if they failed to properly replace a defective car part with a quality car part.

If your car is subject to a recall, the manufacturer should explain which mechanics/ repair shops can fix your car and what type of fix they should make.

What damages can a mechanic/ car repair shop be ordered to pay?

If a mechanic or car shop is liable for your injuries, they should pay for your current and future:

• Medical expenses. These costs include emergency medical transport, ER care, hospital stays, surgeries, physical therapy, occupational therapy, other types of rehabilitative therapy, medications, and assistive devices.
• Lost income. This amount includes lost wages, lost profits, and lost benefits for as long as you can’t work.
• Physical pain and emotional suffering. You’re entitled to compensation from responsible defendants for all your aches, pains, worries, anxiety, and depression.
• Property damage to your car includes the cost to repair or replace your car depending on the extent of the damage.
• Scarring and disfigurement
• Loss of bodily function
• Inability to enjoy life’s pleasures
• Loss of consortium

You may also be entitled to punitive damages if the conduct of the mechanic or car repair shop was unconscionable – such as using parts that they knew were subject to a recall.

Our lawyers handle complex and unique cases, including filing personal injury claims against auto mechanics and car repair shops. We have the experience and resources to show your accident was due to defective workmanship or improper conduct. Please call us or fill out our contact form to schedule a free consultation about how you can assert your rights.