I took my car to Aamaco for a transmission problem and paid them $4,000. It's been a year and my car has never been fixed and now its worst off. I have a two year warranty. This past year I have taken my car there for repairs many times but it remains to have the same problem. I have taken it to other mechanics and they state that the transmission needs to be repaired. I am frustrated because I paid so much money not to receive the service I need. I went a month ago and left my car in their shop for four days and the same day I got it back it had the same problem. I went to business bureau and their franchise dept. and they stated as long as I have insurance and they continue looking at the car I have no choice. I just want my money back so I can repair my car. What can i DO? My next step is taking them to small claims court but I am not sure if I will have a case to win.
State/Country relating to question: New York
Better business bureau and franchise dept.
At this point you have a claim for breach of warranty. When they took in the car and gave you a warranty, they are now in breach of your warranty. This is a contract claim and the Attorney General's office under the federal warranty law has a service to mediate warranty claims. Thus, your first step is to file a warranty claim with the Attorney General and then if they cannot resolve it you have the right to sue them for breach of warranty for all of your damages.
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I am a bit confuse. Can your further explain the termonology of breach of warranty?
Sure, a warranty is a contractual obligation. When they undertook your job, they warranted that it would be repaired properly and the repairs they made would work properly. Since the car still does not work properly, if it is a result of the repairs they made, they are bound by that warranty you received to correct any problems to make sure it works properly. If they fail to do so they have broken (breached) that warranty contract with you.What you need to do is bring the car to another transmission specialist to have them examine the car and the work done and DIAGNOSE what is wrong so you know whether or not it was something that the first mechanic did or did not do that is causing your problems and you will need this in any dispute with the Attorney General or if you have to go to court to sue them for damages. The cost of this would be something you would add into whatever you request from the first shop for damages for their improper repairs.
So as it stands going to small claim courts would not be helpful now?
And what is the procedure to filing a warranty claim with the attorney general? Or where do I get this information?
You would call your state attorney general's consumer protection unit and file your complaint with them first. You also need to get someone to diagnose the problem for you so that you know exactly what you need to be arguing that the other company did not do. See: NY Attorney General Consumer Affairs
I am sorry that you have chosen to leave NEGATIVE FEEDBACK, as we have provided you the correct information to assist you in dealing with your situation. If you have follow up questions, we are more than happy to continue working with you, but your negative feedback is a bit disheartening since we have provided you the correct legal information needed to resolve your issue.
Do I need a lawyer for this claim? I am just a bit confused seems like a lot of steps. So if the attorney general can not help me, I will have to go through court? Thank You.
You do not need a lawyer to file a complaint with the Attorney General's office. You can contact them at the link provided and they will take your complaint and try to resolve it.If they cannot resolve it, then you do not need an attorney to file suit for damages in small claims court. You will need evidence and a mechanic expert to testify as to what this company did wrong with failing to properly repair your transmission.
My last question and thanks for your patience. Can Aamaco place a complaint against me, or will this be more of a consequence than any help.
No, they cannot make a complaint against you, as you have paid them. It is their company that has not honored their obligation to you by not properly fixing your car, so they have no complaint to file against you.
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