The mechanic is presumed to be at fault with regard to his client, since the result is not there when the invoice has been paid.
Facts
I bought a used car that keeps breaking down.
I've taken it to a garage several times, but they can't get it back to normal.
But he still charged a fee.
Can I hold him liable and claim reimbursement from him for these costs that I have unnecessarily spent on my vehicle?
Is it necessary, for that, that I bring a technical proof of its responsibility by means of an expertise?
The instructions
1/ Ask your mechanic to compensate you
Start by sending him a registered letter with acknowledgment of receipt giving him formal notice to reimburse you, within 8 days for example, the sum equivalent to the amount of the costs incurred for the repair services.
You can also claim an additional sum of money from him, as compensation for your loss of enjoyment.
In your mail, be as factual as possible.
Recall the chronology of your repair requests.
Explain that each time the mechanic's interventions were not sufficient to diagnose the exact cause of the recurring breakdowns on your vehicle and to resolve them.
Which caused unnecessary expense without remedying the defects.
Don't forget to attach copies of repair orders and paid invoices.
2 / Engage liability for fault
If the mechanic refuses to compensate you, or agrees to compensate you but does not meet your expectations, you can sue him in court.
You do not have to provide technical proof of his responsibility.
This was ruled by the Court of Cassation in a case where a client's request was not justified by
"any objective technical element or contradictory expertise"
(1).
It does not matter that the origin of the defect highlighted by expert opinions is attributable, in this case, to a lack of maintenance by the seller of the vehicle and that the latter has compensated the buyer.
The professional is presumed to be at fault when disorders occur or persist after his intervention.
This is enough to incur liability.
3 / Ask for a second opinion if necessary
The mechanic may seek to prove the absence of fault and the absence of a link between his intervention and the persistent damage.
But it is difficult.
Especially since certain circumstances make it possible to presume the existence of a fault and the causal link between it and the disorders, according to the Court of Cassation.
This is the case when they persist as in your case.
If the professional manages to demonstrate his irresponsibility, know that you are entitled to request a judicial counter-expertise.
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(1) REFERENCE Cass. civil. 1st of 11.5.22, no. 20-19732.
In the event of a hidden defect
If you buy a second-hand vehicle affected by a latent defect, you can claim a price reduction or cancellation of the sale from the seller.