LEGAL CORNER: Can I recoup auto mechanic expenses? - KPLC

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Lake Charles, LA (KPLC) - Legal Corner answers viewer’s questions regarding civil matters.

Email your questions to news@kplctv.com.

QUESTION: I recently joined Car Shield, since I have an older model car. I took my car to a mechanic, he didn’t even contact car shield to see if they covered what needed to be done. So, I ended up paying over $500, which possibly would have been covered. What recourse do I have?

ANSWER: The answer to this question hinges on the arrangement (i.e. the contractual obligations) that the car owner had with the mechanic. Louisiana Civil Code Article 1927 states that a contract is formed by the consent of the parties established through offer and acceptance. The statute further states that unless the law prescribes a certain formality for the intended contract, offer and acceptance can be made orally, in writing or by action or inaction that under the circumstances is clearly indicative of consent. Louisiana Civil Code Article 1986 states that failure to perform the repairs would allow one party to seek an order from the court that grants that party the payment of damages for failure to perform by the other party. The car owner is seeking recourse from the mechanic for his failure to contact Car Shield. The owner and the mechanic entered into an agreement where the mechanic performs the repairs on the vehicle and the owner is responsible for payment for the repairs, which is the case here. In order to seek recourse by the car owner from the mechanic, there has to be an agreement between the car owner and the mechanic that states that it was the duty of the mechanic to contact Car Shield prior to the repairs being made. If that agreement does not exist and the mechanic has performed his duty under the contract, there is no recourse against the mechanic. However, Car Shield covers the vehicle owned by the owner, who contracted with Car Shield for payment for repairs to the mechanic. If the contract requires in writing that the car owner must contact Car Shield for pre-authorization prior to repairs being performed and the car owner has agreed to that requirement, then the car owner has no recourse against the mechanic.

QUESTION: I have a relative who was convicted for theft of utility services in March of 2009. He got six months in jail, which was suspended, and unsupervised probation for six months, which was completed in September, 2009. He’s now trying to get a better job, but the 2009 conviction keeps showing up in criminal background checks. What does he need to do to get it removed from background checks?

ANSWER: Louisiana law allows convictions to be expunged for certain crimes. Expungements seal the criminal record from public viewing, but they do NOT destroy the record. In order to be eligible for an expungement, the sentence for the conviction must be deferred and set aside; OR more than five years must have passed since the FULL conclusion of the sentence for a misdemeanor sentence, and ten years must have passed since the FULL conclusion of a sentence for a felony; OR the offender must have received a first offender pardon. In the question at hand, because it has been over five years since the completion of his sentence, he is eligible to file for his expungement of his conviction with the court. Please note that not all convictions are expungable. For example, a person who was convicted of a crime of violence such as murder or manslaughter or convicted for either a sex offense, certain drug offenses, domestic abuse battery and misdemeanor stalking, the conviction is not eligible for an expungement.

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