What to do if I experienced total brake failure less than 2 weeks after major work was carried out on the braking system?

UPDATED: Nov 6, 2012

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What to do if I experienced total brake failure less than 2 weeks after major work was carried out on the braking system?

Luckily I was traveling at low speed when the failure occurred. The mechanic is claiming it was due to rusty brake lines, however he is unable to show me the faulty items. I am disputing the cause of the failure and the remedial charges. Do I have grounds to take this further?

Asked on November 6, 2012 under Accident Law, New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You may have grounds to take it further: if the failure was due to the mechanic's negligence, or unreasonable carelessness--such as not spotting something he should have during this the repair, not performing a repair properly, or using bad parts--then he can be liable.

The real question is, is it worth taking further? You can only recover money for actual costs, losses, or injuries. If you were not hurt and your car suffered no additional damage, the most you could recover would be the cost to make the repairs, which may not be worth legal action.

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