Pep boys did a diagnostic on my tracer. They then replaced the spark plugs and took it for a test drive. It blew the engine I was called and told that the machine told them the wrong ones to install and that it was their fault and maniacal error but that my car was being sent to corporate office and they had filed a claim.Today now I'm told that they are going to give me 2000. and something.And honestly I feel that they are giving me a raw deal because they should fix my car and not leave it up to me.
My son has been patient and listing to their solution.
Now he was saying that it was not right when he was told they were going to issue him a check but he was then told about the age of the car. That should not matter they broke the car therefore they fix it.
Hello and thank you for the opportunity to assist you. There may be a slight delay between your follow ups and my replies as I am typing out my answer. Please remember that this is general information only, not legal advice, and no attorney-client relationship is formed.I am sorry for your situation. Can you please tell me what state this is in and how much it would cost to replace the engine (or if not possible, how much for a comparable vehicle)?This not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. I look forward to helping you.
I'm sorry we live in California, San Mateo
Hello,Apologies for the wait - can you please tell me how much the engine is worth, or if not replaceable, the vehicle?This is important as to know which court you would have a legal action in, if you decide to file.
Well it is a 15 year old Tracer with 150, Miles on it. but ran and looked like brand new.
Thank you very much.It was arguable that they were negligent in their repair. The elements of an action for negligence are the existence of duty (the obligation to other persons to conform to a standard of care to avoid unreasonable risk of harm to them); breach of duty (conduct below the standard of care); causation (between the defendant's act or omission and the plaintiffs injuries); and damages. (Artiglio v. Corning Inc. (1998) 18 Cal.4th 604, 614, 76 Cal.Rptr.2d 479, 957 P.2d 1313.)Here, it is arguable that they had a duty to fix this properly, they failed, and damaged your vehicle. At this point, you have a choice to make. You can take their offer, or you may make a counter-offer (more money, or to purchase and install the new engine), or sue them.If you sue them, it would be for negligence. Since this is a $2,000 or so issue, this is a small claims court matter.Cal. Code of Civil Proc. 116.220(4) allows the court to order a specific performance as well as monetary judgment. This means the Judge can order them to:-fix the vehicle,-pay for the part and whatever it would reasonable cost to fix elsewhere, and/or-whatever else the Court finds is needed for remedy of this situation.See here, please:http://www.courts.ca.gov/selfhelp-smallclaims.htmUnfortunately, the onus is on you to act should you wish to bring this to trial and file in court.I hope this finds you well. Please click Reply to Expert to keep talking, or rate my answer when we are finished. Kindly rate my answer as one of the top three faces because this is how I get credit for my time with you. Otherwise, reply to chat more until we are finished and you are ready to rate. I work very hard to formulate an informative answer for you; please reciprocate my good faith. (You may always ask follow ups free after rating.)
Ok thanks so much.
You are very welcome. Good luck, and please don't forget to press rate my answer in one of top three faces – it is the only way I get credit for my time with you.
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