Suing a Mechanic for Incorrect Work and Miscommunication

I am in the same sinking boat. A disabled mechanic has had my car for six weeks for a simple clean fuel system and drop tank clean, due to diesel fuel in a gas engine. He claimed to know Jaguars and could perform this task. Wrong!

He lied and I am still without my car. He never updates me or returns my calls and over talks me when I make suggestions or ask questions. I am done. I am taking my car elsewhere. He still hasn't sent me a detailed invoice of what was done and what I brought it in for. I am so upset, but suing him may not be as straightforward as I thought.

Can I Sue a Mechanic?

In America, you can sue anyone for anything. The question is, do you have a case? I would contact an attorney to find out.

If You Can Sue

Yes, you can sue if you have proof of the following:

Phone records of dates and times you attempted to contact the mechanic. Work order showing evidence of improper work performed. A receipt or invoice for the $900 charge.

This is a civil case, so the only court you can go to is small claims court. Hiring an attorney to protect your rights as a consumer is crucial. Do your homework before hiring an attorney.

How to Sue a Mechanic

You can sue a mechanic through the small claims procedure in your jurisdiction.

Step 1: Write a Letter to the Mechanic

You should begin by writing a letter to the mechanic asking him if he has any good reason why he’s had the car for three months, charged you $900, and still hasn’t effected a repair. It’s possible that he has a good reason in which case you wouldn’t want to sue because he would win.

Step 2: Provide Evidence of Improper Work and Expenses

On the assumption that there is no good reason, write a letter explaining the facts as you see them and send it by recorded delivery. Ask him to refund the $900 and you can add reasonable expenses that you have had to pay because you didn’t have the car. These could be things like bus and train tickets, contributions to friends who have given you a lift, and 3 months’ worth of insurance premiums on a car you couldn't use. In the UK, it’s useful to head the letter “Time is of the essence”. You then set a deadline for a reply - the courts here usually think two weeks is a reasonable time. In other countries, similar words may be used, and some other phrase may express the same command. Writing such a statement may not be necessary, so check on what is done in your locality.

Step 3: Settle or Proceed with a Small Claim

Your claim might be $1,700 after adding necessary expenses caused by not having the car. The mechanic might come back with an offer, defend his actions, or might just ignore your letter. With an offer, unless it’s very close to the amount requested, it’s usually worth pressing for an improved offer and then if an acceptable amount, you accept it and if not, you proceed with a small claim. With a defense of action, you have to consider whether any or all of the defense is reasonable. If it isn’t, sue. If your letter is ignored, go ahead and sue because you’ll probably win.

Small Claims Procedures

Small claims procedures differ between different jurisdictions. However, the two parties usually represent themselves. In many countries, small claims are actually dealt with by an arbiter rather than a judge. In some places, it is dealt with by a judge or a judge acting as arbiter. In the UK, the forms for initiating a small claim can be got from the county court, and there are also explanatory notes to help claimants decide what they can and cannot include in a claim. Where you go in other countries, you’ll have to find out.

Remember that writing a letter to get answers and a possible offer establishes the case. You should retain copies of all correspondence and if you’re claiming for the cost of public transport, keep the tickets. Basically, keep anything that may be relevant to the case.

In principle, it sounds as if you have a good case. Make sure of that by following the right process and I wish you luck in getting your money back.