Under common law, what remedy does one have when your mechanic messes up your car instead of fixing it?

Question

I sent my car to be repaired for transmission problems- i got a whole new transmission - took the car out of town and car breaks down - have to have the car towed back through 4 states back to mechanic who then says its not his fault and nothing is wrong. Took to another mechanic who says the transmission pipe is put in backwards causing the transmission case to crack and causing leaking, etc. I ended up shelling out a total of $5500 to fix the first time and then to have it towed and then to have it fixed again. Any answers on how i can recover from my mechanic and his repair shop.

Answer 1

There should be a warranty for these repairs. What does it cover?

Check your locality for the maximum limit in small claims court. In my area your damage is too high. Between the maximum allowed in small claims court and another number I shall arbitrarily put at $20,000, you're stuck. Lowering a maximum claim to meet the requirements of a small claim court is generally illegal. Above that arbitrary $20,000 level, hiring an attorney is economically feasible.

The second mechanic's opinion may or may not be correct and may or may not stand up to scrutiny in a court of law. He also may not want to commit to his opinion in writing or under oath because he is not sure or doesn't want to gain a reputation in his field or his community of repairmen. You'll have to feel out his attitudes on this without scaring him away.

Expensive repairs to a car are risky investments. I do it alot too, sometimes I win, sometimes I lose.

Good luck!
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Answer 2

in most cases work done by a mechanic is warrantied for at least 30 days. I have no idea what the other mechanic is talking about a transmission pipe...maybe slang for another part. Either way if the shop did the repairs and it broke they are liabel. And if you put out that much you probably payed too much in the first place.

If the mechanic or the shop is unwilling to work with you then take them to small claims court. Most times just the threat of being sued will make them work things out.

Answer 3

Have the 2nd mechanic sign an affidavit as to what the problem is and take him to small claims court. In small claims court you can recover only $5,000 max. But that's better than nothing.
Master tech 40 yrs.

Answer 4

No it somewhat is not legal. it somewhat is a legal. The regulation will state it as defrauding a shop keeper. The mechanic gave you a guaranty, and that they've each appropriate to repair it below that guarantee. ought to you have yet another concern, you will ought to have it fastened someplace else, and take the restoration shop to small claims courtroom to get your money back. in case you spotted it leaking 4 miles down the line, why did you not turn around and have them examine it back? i might anticipate you went with the backside quote you need to discover. through fact of that, you have gained the main inexpensive area, and the failure is in all probability through that area, and not the workmanship.