Your Legal Questions Answered
I took a motor to be rebuilt to a mechanic in February. When the mechanic was taking it out of my SUV he dropped the motor off the fork lift. At that time, he acted like it wasn’t a big deal and said he’d take care of it. It’s been 5 months and I’ve called him every 2 weeks and he tells me he still working on it and he’s waiting on another part to arrive. I decided that he was giving me the run around, so I wrote a bad review on google. He called me within 2 minutes and said to come get my motor he was done with it. When my husband arrived, he has this motor ready to go, nothing had been done to it, it was cracked and broken, way more damaged than when I dropped it off. Now that we have the motor back, I’ve had 2 mechanics look at it and it’s not even salvageable because the case and other major parts are broken from being dropped. He never gave me an estimate or any paperwork. How can hold him accountable?
Under the Colorado Motor Vehicle Repair Act (MVRA), you have specific rights to recover damages if a repair facility violates the provisions of the Act. Even if the MVRA does not apply, you can bring a breach of contract claim and possibly a claim for misrepresentation.
The MVRA requires repair facilities to provide written estimates, obtain authorization for repairs, and issue detailed invoices. Failure to comply with these requirements can make the repair facility liable for damages, including attorney fees. In your case, it appears the mechanic did not provide a written estimate or any paperwork, which would be a violation of the MVRA. The mechanic’s actions may also constitute a breach of contract if there was an agreement that he would repair the motor. An oral contact is sufficient, so it does not matter that you do not have a written contract. Given that he failed to perform the agreed-upon services and instead returned the motor in a more damaged condition, this could be grounds for a breach of contract claim.
Recoverable damages depend on the type of claims that are brought and on which legal theories you prevail. Among some of the types of damages you could potentially recover are the cost to repair the damages, the difference between the contract price and amount you end up having to pay to put you in the position as if the contract had been performed, attorney fees, and three times the amount of your actual damages.
This is just a general summary of claims and damages. Because the actual claims brought will depend on the facts of your case, please contact an attorney as soon as possible. If you would like to speak to a litigation attorney, please contact us at (303) 688-0944 or use our chat during business hours.
Fore more information on cases against mechanics check out our article "Taken by a Bad Mechanic? Here are Your Legal Rights." Also see my related Q&A answer on mechanics and excessive delays.
The foregoing information is general information only and should not be relied upon to take, or fail to take, legal action. No attorney-client relationship is formed by this information. __The only manner to obtain complete and adequate legal advice is to consult with an attorney.__
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