Is it worth pursuing legal action against a mechanic whose mistake resulted in a loss of vehicle?

UPDATED: Sep 30, 2022

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Is it worth pursuing legal action against a mechanic whose mistake resulted in a loss of vehicle?

Incorrect amount of coolant installed – freezing temperatures caused severe damage to radiator and engine resulting in total loss of vehicle. On 8/11/2016 Master Mechanics 1 installed a radiator charging me 800 when they told me it would cost 400 – they were close and I couldn’t drive further to my preferred mechanic. There is no invoice number listed though an

Asked on December 20, 2016 under Business Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Legally, if you believe that the damage was done due to the mechanic's carelessness or negligence, he and his employer (since this was done in the course of employment) are responsibe for the full cost of the damage. Practically, you have to be able to prove his fault (the person suing has the burden of proof and must prove his case) and that his act or omission caused the damage, which may be difficult to do. You may need a mechanic to testify on your behalf that was an incorrect amount of coolant which caused the damage, as well as having your testimony as to who last filled or installed coolant; you will need to persuade the court as to what happened.

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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