Can I get a mechanic to repair something he misdiagnosed?
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Can I get a mechanic to repair something he misdiagnosed?
I went to a car mechanic shop and asked about a second opinion on my the radiator fluid I had, I had told them the first place said they would have to replace the radiator. They told me all it
needed was a simple flush and new fluids. So after spending $150 to get this done I find out about 6 months later that oil is leaking into the radiator fluid and has not only made the radiator need to be replaced but the manifold as well and the heater core totaling to $2500 in repair and
replacement costs. Now since they misdiagnosed the issue and it has lead to further issues, do I have a solid case for making them do the repairs free of charge?
Asked on February 7, 2018 under Business Law, Iowa
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Although you can ask the mechanic to repair the damage without charging you, most likely the mechanic will deny liability.
Therefore, your recourse is to sue the mechanic for negligence. Negligence is the failure to exercise due care (that degree of care that a reasonable auto mechanic would have exercised under the same or similar circumstances to prevent foreseeable harm). Your damages (monetary compensation you are seeking in your lawsuit) would be the cost of repairs caused by the mechanic's negligence.
You might be able to file your lawsuit in small claims court. Upon prevailing in the case, you can also recover court costs which include the court filing fee and process server fee.
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