Our car needed a transmission part changed which the repair shop told us they could order on-line and repair within 2 days. However, we are 1 week later and not only were they delayed in delivering the car but they now tell us they have found another problem with the radiator leaking. Because of the delay, I had to rent a car and the repair shop is not willing to cover for the rental car charges and secondly, the latter damage seems like it happened while at that repair shop since no such damage was diagnosed when I took the car to the dealership for a check/oil change just 1 day before we gave this repair shop the car. Do I have any legal recourse against this repair shop1) for delaying service not covering cost of rental car 2) for damaging my car?
State/Country relating to question: Florida
In the process of placing a complaint with BBB
Thank you for the post, I am happy to assist you by answering your questions. Do you know whether the radiator issue is the result of normal wear and tear, or negligent operation of the vehicle?
The vehicle is relativaly new-Toyota Sienna 2007 and I have owned it since 2008-it was bought as used vehicle from a dealership in VA. We now reside in FL and the repair shop is in Tampa Florida
Thank you, XXXXX XXXXX regarding the radiator issue is based on the logic that a normal wear and tear issue that surfaced while the vehicle was in the care of the repair facility would not be a basis to hold the repair facility liable for the cost of the repair because it would have surfaced no matter whom was operating the vehicle. If on the other hand the radiator issue presented due to the negligent operation of the vehicle then you have viable claim to hold the repair facility liability. Regarding the delay in the repair, why was the repair delayed? If due to the simply negligence of the repair facility in failing to order the part in a timely fashion, you have a viable claim for reimbursement of your rental car fees. If the reason is the unforeseen inability to procure the part (e.g. weather delaying delivery, act of God, etc.), despite reasonable effort and no local repair facility could receive the part in a more timely fashion than the repair facility would you would not have a claim against the repair facility as acts of God or other unforeseen instances beyond the control of the repair facility are not the liability of the facility. Please let me know if you have any follow up questions or need additional guidance.
Successful consumer advocate.
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