Consumer Protection Law

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CALIFORNIA NO NO OTHER ATTORNEY. I HAVE A VEHICLE DEALERSHIP…

GOOD MORNING I'M PENNY ...

GOOD MORNING I'M PENNY

Lawyer's Assistant: What state are you in? And is a local attorney or other consumer protection advocate helping with this?

CALIFORNIA NO NO OTHER ATTORNEY

Lawyer's Assistant: Have you contacted the manufacturer?

I HAVE A VEHICLE DEALERSHIP REPAIR PROBLEM YES I HAVE CONTACTED THE MANUFACTURE

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I HAVE BEEN GOING THIS DEALERSHIP ALMOST THE IN TIRE TIME OF OWNERSHIP I AM ORIGINAL OWNER

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Answered in 1 minute by:
1/16/2018
LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 13,958
Experience: Research Attorney; Private Practice; Attorney Mentor; Mediator
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Hello; what is your question please?

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Customer reply replied 7 months ago
CALIFORNIA NO LEGAL HELP

Yes, what is your specific question please?

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Customer reply replied 7 months ago
MY VEHICLE HAS BEEN AT A DEALERSHIP SINCE THE 1st OF DECEMBER I HAVE BEEN TO THE DEALERSHIP WITH THIS PROBLEM SINCE 2016
Customer reply replied 7 months ago
I HAVE CONTACTED THEIR CO-PERPETRATE OFFICE NO RESPONCE
Customer reply replied 7 months ago
RESPONSE

Thank you;

I am sorry to hear this.

It is possible the lemon law may apply. When was the car purchased and was it new at the time of purchase?

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Customer reply replied 7 months ago
THE DEALERSHIP HAS REPEATEDLY PUT MY LIFE, PASSENGER AND OTHER MOTORIST IN HARMS WAY I AM ORIGINAL OWNER PURCHASED IN 2005 VEHICLE IS A 2006 APPX 47000 MILES

Thank you; I am sorry to hear that; unfortunately the lemon law is inapplicable to cars of that age.

Please see:

http://www.dca.ca.gov/acp/pdf_files/englemn.pdf

If a repair shop performs a negligent repair they can be liable under the common law doctrine of negligence.

The elements the plaintiff must prove are as follows:

1. Duty of care: The defendant owed a legal duty of care to the plaintiff.

2. Breach of that duty: A violation of a law or duty.

3. Causation: The breach caused harm (damages) to the Plaintiff.

4. Plaintiff suffered harm- generally economic.

The court will typically allow the plaintiff to sue for "reasonably foreseable" and "proximately caused" economic damages, so that would be the cost of repair-to repair it to the position it was in prior to the negligent act. This would typically include having a third party mechanic fix the unresolved/defective repairs along with a rental car for the time the car was in the shop beyond a reasonable time frame as determined by the court.

The plaintiff has a duty to mitigate damages so they must be reasonable damages and not excessive.

Further questions? Please post here to continue the chat.

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Customer reply replied 7 months ago
HOW DO I FIND AN ATTORNEY WHO WOULD HANDLE THIS CASE?
Customer reply replied 7 months ago
I DON'T UNDERSTAND HOW THEY CAN PUT ME BACK INTO A VEHICLE AND TELL ME THAT I TAKE ON THE LIABILITY OF THEIR REPAIR AND HAVE CONTINUED TO PAY FOR THEIR EXPERTISE WHICH HAS NOT BEEN ADEQUATE.
Customer reply replied 7 months ago
I AM SCARED OF EVER DRIVING THIS VEHICLE AGAIN. WE TALKING ABOUT A $54000. VEHICE PAID CASH.
Unfortunately the car does not generally have a lifetime warranty. The mechanism is liable if their repair is negligent and causes harm to the customer. It may be worthwhile to get a second opinion. If there is negligent repair one can locate an attorney by contacting the county bar referral page or by googling your city and consumer protection attorney.If the mechanic fails to do repairs as contracted one may sue for breach of contract as well.
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Customer reply replied 7 months ago
WHAT ABOUT PUTTING MYSELF, PASSENGERS AND OTHER VEHICLES LIFE/BODILY HARM IN JEOPARDY WHO IS THE RESPONSIBLE PARTY MYSELF FOR EXCEPTING THE VEHICLE IN GOOD FAITH AND THEN THEREBY CAUSING HARM TO SOMEONE??????
Customer reply replied 7 months ago
WHERE IS THE CONSUMER PROTECTION?
Customer reply replied 7 months ago
DO I NOTIFY MY INSURANCE CARRIER?
No, insurance has nothing to do with issues between a customer and mechanic.If the repair is defective the consumer may hire a third party mechanic to fix the issue and then sue for reimbursement.If the car is not safe to drive and a person knowingly drives it and causes injury the driver and the mechanic may be liable for injuries.
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Customer reply replied 7 months ago
WHAT TYPE OF ATTORNEY DO I LOOK F
A consumer protection or general civil litigation attorney
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Link to bar referral servicehttp://www.calbar.ca.gov/Public/Need-Legal-Help/Lawyer-Referral-ServiceFurther questions please post here otherwise kindly rate positively. Thank you!
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Customer reply replied 7 months ago
HOW DOES A PERSON KNOW WHEN PICKING UP THEIR REPAIRED VEHICLE IF IT IS REPAIRED OR NOT AND THEN FINDS OUT IS IS NOT AFTER THE FACT CAN THE LIABILITY THEN BE PASSED ON TO CONSUMER? CAN THE CONSUMER HAVE SOMETHING IN WRITING TO THE EFFECT OF A HOLD HARMLESS WRITTEN? HOW WOULD I KNOW?
Normally the consumer would assume the mechanic acted in a competent manner and the repair was done properly unless there are mechanical signs which would need to be addressed by a mechanic, not a lawyer.
If so the consumer could then sue for the cost of proper repair performed by third party. A hold harmless is when a consumer is stating they won't sue a business and is not generally signed by a mechanic.
The law imposes liability on the party that performed negligently.
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Customer reply replied 7 months ago
ok thanks have a great day!!!
You too. Good luck to you on this. Take care!
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