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Suing a mechanic

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Mimiclt85

Junior Member
What is the name of your state (only U.S. law)? North Carolina

So I had my oil changed and my brakes done on my car today. Paid my bill, picked my car up and left. About a mile from the shop I was on the interstate and my hood flew up busted my windshield and completely damaged my hood. I called the shop and he sent out a tow truck while mentioning that he (John, the owner) had checked the hood to ensure it was secure after changing the oil.
When my car and I got back to the shop he asked how fast I was going, not sure why that was relevant, and I told him about 50 since I hadn't been on the interstate that long. Then he said my car had been wrecked previously, which I'm well aware of and it has been fixed for over a year. Then he mentioned my hood was an aftermarket hood (that I've had for year when the car was repaired after the accident.) he kept trying to blame the hood flying open on something else. I asked when could I expect my car to be repaired and he said that it wasn't his fault. His defense was because the latch wasnt secure. I have never had a problem from anyone else changing my oil or checking anything under the hood in a year. Also, even though he said he changed the oil and checked the hood another man told my husband that he did the work.

Do I have a case? And should he pay? By the time all of this was said and done most lawyers offices were closed so we were unable to contact one today.
 


sandyclaus

Senior Member
What is the name of your state (only U.S. law)? North Carolina

So I had my oil changed and my brakes done on my car today. Paid my bill, picked my car up and left. About a mile from the shop I was on the interstate and my hood flew up busted my windshield and completely damaged my hood. I called the shop and he sent out a tow truck while mentioning that he (John, the owner) had checked the hood to ensure it was secure after changing the oil.
When my car and I got back to the shop he asked how fast I was going, not sure why that was relevant, and I told him about 50 since I hadn't been on the interstate that long. Then he said my car had been wrecked previously, which I'm well aware of and it has been fixed for over a year. Then he mentioned my hood was an aftermarket hood (that I've had for year when the car was repaired after the accident.) he kept trying to blame the hood flying open on something else. I asked when could I expect my car to be repaired and he said that it wasn't his fault. His defense was because the latch wasnt secure. I have never had a problem from anyone else changing my oil or checking anything under the hood in a year. Also, even though he said he changed the oil and checked the hood another man told my husband that he did the work.

Do I have a case? And should he pay? By the time all of this was said and done most lawyers offices were closed so we were unable to contact one today.
You're going to have a difficult time proving that this mechanic is responsible for the hood coming open on you. Why didn't it happen before? No way to know for sure. However, the fact that it was an aftermarket hood, replaced due to damage before, could mean that it took this long for the closure to deteriorate to the point where it might fly open.

Taking this case to court is about what you can prove. In court, you have to prove that it's more likely than not that the mechanic caused the damage to the hood or didn't close it properly. In most instances, that will require some kind of proof, such as a mechanic's statement that the hood latch failure could not have happened without the negligence of the current mechanic, which would be near impossible to prove.

I think that you are going to need to eat the costs of the repairs for this. I honestly cannot see you prevailing in court on this claim.
 

Mimiclt85

Junior Member
You're going to have a difficult time proving that this mechanic is responsible for the hood coming open on you. Why didn't it happen before? No way to know for sure. However, the fact that it was an aftermarket hood, replaced due to damage before, could mean that it took this long for the closure to deteriorate to the point where it might fly open.

Taking this case to court is about what you can prove. In court, you have to prove that it's more likely than not that the mechanic caused the damage to the hood or didn't close it properly. In most instances, that will require some kind of proof, such as a mechanic's statement that the hood latch failure could not have happened without the negligence of the current mechanic, which would be near impossible to prove.

I think that you are going to need to eat the costs of the repairs for this. I honestly cannot see you prevailing in court on this claim.
The latch was secure though, he was just trying to say it wasn't as an excuse I believe. The repairs were done by a body shop. Does any of that make a difference?
 

sandyclaus

Senior Member
The latch was secure though, he was just trying to say it wasn't as an excuse I believe. The repairs were done by a body shop. Does any of that make a difference?
You say the latch was secure. They are saying it wasn't. Unfortunately, it will be up to you to prove that they are at fault. That's what you would require in order to win a case in court.
 

Mimiclt85

Junior Member
You say the latch was secure. They are saying it wasn't. Unfortunately, it will be up to you to prove that they are at fault. That's what you would require in order to win a case in court.
Would getting another mechanic's statement help in proving that? Should I get something from the shop that did the body work as well? Ive also had my oil changed previously (within the last month or two) by someone else, would getting something from him help also?

Thanks for the advice.
 

BL

Senior Member
Would getting another mechanic's statement help in proving that? Should I get something from the shop that did the body work as well? Ive also had my oil changed previously (within the last month or two) by someone else, would getting something from him help also?

Thanks for the advice.
Yes, an estimate with another shops invoice letterhead , and written on it , in there professional opinion the latch mechanisms there selves are fine .

How are you going to prove it now ,if they are damaged though ?

Whether it will convince the court with your testimony is anyones guess.

Followed by a statement and a copy of repair by the body shop /

Although anything could have happened in the meantime .
 
You say the latch was secure. They are saying it wasn't. Unfortunately, it will be up to you to prove that they are at fault. That's what you would require in order to win a case in court.
I would see a small claims judge saying "the hood flew up, didn't it?? what more proof do I need?"
 

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