Carrollton, TX asked in Car Accidents and Small Claims for Louisiana

Q: We are suing a mechanic in Small Claim for loss of wages due to his negligence. If thats the word.

The car was in a single car accident. The mechanic advised we file an insurance claim so they can pay for most of it. We did. He said he fixed the car and we paid the deductible and left. After leaving the car broke down again not far from his shop. Brought it back and he said that the car is now not running because of something not related to the accident. He told the insurance adjuster this and they cut us off from a rental car and any future work payments. We brought it to another mechanic who said yes it was related the other mechanic obviously didn’t know what he was doing. Insurance then picked up the tab and it was all good. But there was 3 weeks of work lost due to not having that rental that the previous mechanic got taken away from us. We plan ok bringing this to small claims for loss of wages. Do we have a case?

Related Topics:
1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Personal Injury Lawyer
  • Little Neck, NY

A: No one can really say with any degree of certainty which way something like this would go. While there is little to hold anyone back from commencing a lawsuit as a general rule, the course it takes could be another matter. Would a judge ask what steps were taken to mitigate damages? Would the first mechanic concede error? Would he challenge the opinion of the second mechanic? Would the insurance carrier want to take a closer look at the matter? What would the first mechanic do in response if he was proven correct? No one could answer questions like these without guessing or speculating. Good luck

Tim Akpinar

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.