Can I get a mechanic to repair something he misdiagnosed?

UPDATED: Oct 1, 2022

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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


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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