My mechanic refuses to fix my car even after he gave me a 6 month warranty for fixing the same issue. Can I sue him?
State/Country relating to Question: Illinois
Hello,Welcome to JustAnswer and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.Likely yes. Can you please tell me what he refuses to sign, and what his reason is?
I took the car in December 2010 for a transmission problem; he had it for about 12 days then told me to pick it up because he fixed it. He gave me a 6mo. warranty saying I could take it back if the problem persisted. I had the car for about a week, when I noticed it started having the same problem. I called him and he said to bring it in. I was unable to take it due to personal issues. My husband called on 2/25/11 and the mechanic's associate told him to take it in today 2/28/11. We took it in, and the mechanic said he was expecting us to take it in the first time I called, and since I did not, he will not fix it.
Well just because you did not make the appointment does not void the warranty.Technically, he is committing (1) breach of contract, (2) negligence, and (3) statutory claim under the Illinois Consumer Fraud Act (815 ILCS 505/2.Breach of ContractThe elements are (1) the existence of a valid and enforceable contract between the plaintiff and another; (2) the defendant's awareness of this contractual relation; (3) the defendant's intentional and unjustified inducement of a breach of the 155*155 contract; (4) a subsequent breach by the other, caused by the defendant's wrongful conduct; and (5) damages.'" Prudential Insurance Co. v. Van Matre (1987), 158 Ill. App.3d 298, 304, quoting Belden Corp. v. InterNorth, Inc. (1980), 90 Ill. App.3d 547, 551.NegligenceThe essential elements of a cause of action based on common law negligence may be stated briefly as follows: the existence of a duty owed by the defendant to the plaintiff, a breach of that duty, and an injury proximately caused by that breach. (Kirk v. Michael Reese Hospital & Medical Center (1987), 117 Ill.2d 507, 525; Mieher v. Brown (1973), 54 Ill.2d 539, 541.Statutory ClaimThe elements of a claim under the Illinois Consumer Fraud Act (815 ILCS 505/2 (West 1994)) are: (1) a deceptive act or practice by defendant; (2) defendant's intent that plaintiff rely on the deception; and (3) that the deception occurred in the course of conduct involving trade and commerce. Siegel v. Levy Organization Development Co., 153 Ill.2d 534, 542, 180 Ill.Dec. 300, 607 N.E.2d 194 (1992).Here, you have all three. You can sue him for all these claims, and would only need to win on one. I would have an attorney or yourself threaten him with a demand letter and usually this will scare them into complying, and if not, you can actually sue.I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you unless you press ACCEPT. If you still need to clarify something or seek more information, just use the INFO button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions before or after an accept, should you wish to continue in the thread, and I encourage you to do so should you need clarification!While the legal system tries to be inclusive of every possibility, sometimes, people are morally wronged but have limited legal avenues to seek relief. If so, please understand that this is not the expert’s fault, but the way of circumstance. If you feel that I went an extra step to help, a bonus is always appreciated! You can always request me for a future advice through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”
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