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?
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
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