AustraliaA mechanic did a poor job repairing my car and now it has additional damage. What consumer remedies do I have?
You may be entitled to a repair, replacement, refund, or compensation for the additional damage caused by the mechanic’s poor work, under the Australian Consumer Law.
What the Law Says
The Australian Consumer Law (ACL) gives you automatic consumer guarantees when you pay for services like car repairs — even if no written warranty was given.
Under the ACL, a mechanic must provide services with due care and skill, within a reasonable time, and for a reasonable price (if not agreed in advance). If they fail, you have legal remedies.
If the repair was done so poorly that it caused new damage — for example, misaligned brakes causing rotor warping — this may amount to a 'major failure' under the law. A major failure means the service failed to achieve its basic purpose, or created a safety risk.
You don’t need to prove negligence to claim a remedy — the consumer guarantee applies automatically. The mechanic cannot exclude or limit these rights, even with a sign saying 'no liability for consequential damage'.
Statutory TextA person who supplies services to a consumer must do so with due care and skill.
— Australian Consumer Law, s. 60 — Guarantee as to due care and skill
Statutory TextA major failure occurs if… the services are not rendered with due care and skill and the failure… cannot easily be remedied.
— Australian Consumer Law, s. 260 — Meaning of major failure
Statutory TextIf a major failure occurs… the consumer may reject the services and recover any payment made.
— Australian Consumer Law, s. 261 — Remedies for major failure
What to Do
Contact the mechanic in writing (email or letter), clearly describe the original problem, the repair done, and the new damage caused.
Request a free re-repair, replacement part, or full refund — citing ACL sections 60 and 261.
If they refuse, contact NSW Fair Trading (or your state/territory fair trading agency) or the ACCC for advice and complaint assistance.
As a last resort, apply to your local tribunal (e.g., NCAT in NSW, VCAT in Victoria) for compensation — claims up to $100,000 are heard in most state tribunals.
Sources
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US-CaliforniaNot legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.