A lawsuit against a garage – when can it be filed and what financial compensation will you receive?

A lawsuit against a garage is often not a simple lawsuit because it involves technical/professional issues that the court usually does not understand. For this reason, improper handling of a lawsuit against a garage in court may lead to its rejection or to receiving financial compensation that is significantly lower than the financial compensation that the plaintiff (the vehicle owner) actually deserves.

In this article, I will detail when you can file a claim, what is recommended to do to significantly increase your chances of success against a garage, and what financial compensation you can demand (and actually receive at the end of the procedure).

Attaching an expert opinion on your behalf when filing a claim against a garage

In a very large proportion of claims against garages, it is worth considering joining Expert opinion It is in your best interest to explain to the court what the garage's failures were and why the garage employees specifically caused damage to your vehicle. Since the judge who will hear the claim lacks (in the vast majority of cases) any mechanical knowledge, without an opinion expert For your part, it will be very difficult for him to understand the damage caused to the vehicle, and to decide whether this damage was actually caused by the garage employees.

Keep in mind that the garage representatives will not agree to your demands and will claim that they did their job to the best of their ability, and that the damage caused to your vehicle is not their fault, but yours. One common claim is that the vehicle owner did not follow the manufacturer's instructions and did not bother to perform routine maintenance on the vehicle at the times specified by the manufacturer, and for this reason, damage was caused to the vehicle, and this is not the garage's fault.

In order to refute claims of this type (or other claims made by the garage), you can seek the help of an automotive expert (preferably an expert for the specific manufacturer or model of your vehicle). The expert will examine your vehicle and write a report for you. Legal opinion You can submit it to the court file (when filing) Claim or Affidavit of first witness (For your taste).

It is very important to choose an expert who has written legal opinions in the past and not someone who has never done so. A claim based on an expert opinion that is drafted carelessly or where the expert is not an expert in the automotive field at all will often end in failure.

Therefore, before you hire the services of an automotive expert (and pay him thousands of shekels) to assist you in filing or managing a lawsuit against a garage, first ask him for examples of court cases in which he submitted an opinion on his behalf, and try to find out how the court treated an opinion on his behalf.

In what cases can a lawsuit be filed against a garage?

Claim against a garage for causing damage to a vehicle

מהרגע שמסרתם את הרכב למוסך, הרכב באחריותו המלאה של אותו מוסך. כלומר, כל נזק שיגרם לרכב באותו פרק זמן, על המוסך לשלם בגינו. אתם אולי תופתעו לגלות אבל עובדי המוסך עשויים לעשות שימוש ברכב שלכם לצרכים פרטיים. אם עובד המוסך לקח את הרכב שלכם "לסיבוב" (קורה לעיתים תכופות כאשר מדובר ברכבי יוקרה) וגרם לו נזק, תוכלו להגיש תביעה נגד מוסך זה.

Another example of a case where you can file a claim is when a vehicle falls off a lift. This is a situation where a garage employee raises the vehicle to a height in order to perform repairs/treatments, but the vehicle was loaded improperly, which led to it falling, often causing significant damage to the vehicle.

Of course, one can think of many other examples of how damage was caused to a vehicle while it was in the garage, but in order to file a claim against a garage, one must understand the main thing - if damage is caused to a vehicle while it was in the garage - the garage is responsible for it, and must pay for the damage and compensate the vehicle owner.

Claim against a garage for negligent care/repair

One of the most common problems in the automotive industry is negligent repairs or maintenance of the vehicle. These are those situations in which the customer came to the garage due to a certain fault and asked to have it repaired. The car owner left the vehicle at the garage, paid what the garage required for the repair, but after the vehicle was returned to him, it turns out that the fault was not repaired or recurred shortly after the vehicle left the garage.

Sometimes, the cost of the repair may be significant and the vehicle owner may believe that he deserves a full refund of the amount paid because the fault was not actually fixed. In these cases, especially if you intend to file a claim against a garage, it is worth considering including an expert opinion.

Lawsuit against a garage for theft of a vehicle from the garage

You may be surprised to learn that vehicles are also stolen from garages. In these cases, negligence on the part of the garage can be claimed, especially if it turns out that the car key was kept inside the vehicle itself, which undoubtedly made it easier for the thief when stealing the vehicle.

If it turns out that your vehicle was stolen while you were in the garage, immediately file a police report and report the theft of the vehicle, and at the same time, request the security camera footage from the garage. These footage may assist you when filing a claim. Financial claim Against the garage in order to prove its negligence. The garage may not agree to give you the security camera footage, and in these cases you will have to request these footage as part of document discovery proceedings, after filing the lawsuit.

A lawsuit against a garage for failing to return the vehicle to the customer (usually on the grounds of a debt)

A claim can also be filed against a garage in cases where the garage refuses to return the vehicle to the customer. The garage owner may detain the vehicle if the customer does indeed owe him a debt (for example: the customer must pay for the repair of the vehicle, but the customer has not settled the payment), but sometimes there is a dispute about the existence of the debt or the obligation to pay the garage owner (for example, if the vehicle was not repaired according to the vehicle owner).

In these types of cases, you can file a lawsuit against a garage and demand the release of the vehicle and receipt of compensation. Declaratory judgment Which states that the vehicle owner does not have any debt towards the garage.

אפשרות נוספת שעשויה להיות יעילה יותר היא לשלם לבעל המוסך את התשלום שנדדרש על ידו, על מנת לשחרר את הרכב. במקרים אלה חשוב לציין בכתב שהתשלום מבוצע "תחת מחאה" ושבעל הרכב משלם את התשלום רק כדי לשחרר את הרכב, ושבכוונתו לדרוש את הכספים בחזרה במסגרת Civil lawsuit Against the garage.

In which court can and should a lawsuit be filed against a garage?

There are two main options for filing a lawsuit against a garage. The first option is to file a small claim in small claims court. This option is relevant for claims up to approximately 34,000 shekels (the maximum amount that a small claims court may award – the amount is updated slightly each year).

The most significant advantages of being able to file a small claim are that you don't have to hire the services of a Automotive Lawyer or Car damage lawyer, which saves you at least thousands of shekels (if not more) in fee payments, and the additional advantage is that it is a much faster and shorter procedure.

In contrast, the investigation in a small claim is a superficial investigation. A few minutes are devoted to the hearing and the judge is not always familiar with the details of the case. These issues may lead to your claim not being considered seriously, or even being dismissed, and you will be charged legal costs in favor of the garage.

The second option is to submit Claim to the Magistrate's CourtThe Magistrate's Court is authorized to hear financial claims up to a total of 2.5 million shekels. The advantage of filing a claim against a garage in the Magistrate's Court is that the claim will be examined professionally and comprehensively. A lot of time will be devoted to it and the court may even choose to appoint an expert on its behalf to examine the parties' claims and examine the plaintiff's vehicle.

On the other hand, the main disadvantage is the long period of time that this type of lawsuit may take (usually over a year). This disadvantage can be partially overcome by filing the lawsuit in a court that is considered to be less busy (for example: the court in Tel Aviv is considered to be particularly busy and therefore the hearings there are scheduled at longer intervals than each other. In contrast, the court in Herzliya or Bat Yam is much less busy and therefore the hearings are scheduled at shorter intervals).

Another option is to submit Class action lawsuit against a garage. This option is only relevant in those cases where there are at least hundreds of customers who have been harmed by the garage in the same or very similar way (for example: they paid for Vehicle repair But the vehicle was not repaired.

What kind of financial compensation can you claim in a lawsuit against a garage?

In claims against garages, you can claim a number of remedies. For example: If the repair was carried out negligently, you can claim a refund of the money you paid to the garage for the repair. In addition, you can claim financial compensation for the damage caused to your vehicle (to the extent that it was actually caused) and Compensation for mental anguishHowever, keep in mind that compensation for emotional distress will not amount to tens of thousands of shekels. Most often, compensation ranges from hundreds of shekels to a few thousand shekels (of course, there are also exceptional cases).

In conclusion

Garages are not immune from lawsuits being filed against them, but these lawsuits may be a little more complex than others, because they often relate to professional/technical issues that the court does not necessarily understand.

For this reason, in most cases where you are considering filing claims against garages, it is worth considering attaching to the statement of claim or affidavit of primary witness on your behalf, an expert opinion detailing the damages caused to your vehicle as a result of the garage's failures. Without attaching an expert opinion on your behalf, it will usually be much more difficult to win the claim.

As part of the lawsuit, you can demand remedies such as the return of the money you paid and compensation for the financial damages you suffered, and compensation for emotional distress.

Frequently Asked Questions Regarding a Claim Against a Garage