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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Consumer Protection Law
Satisfied Customers: 13051
Experience:  Experienced Licensed Attorney
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in august of 2011 the engine in my car broke a rod bearing.

Customer Question

in august of 2011 the engine in my car broke a rod bearing. the car was taken to a repair shop to have it repaired. instead of repairing the bearing, the destroyed my crankshaft by turning it down too far. instead of replacing the crankshaft and the bearing they bought an engine that was 4 years older than mine and cost less than 20% of the cost of my engine and installed that in my car. Since that was not the engine that went into my car, it did not fit so they sawed holes into my transmission to make it fit. I was told the problems I experienced after I got my car back were caused by a minor timing issue and if I paid them still more issue they would fix it. it was not till the incorrect wiring they did to connect the starter on the wrong side of the engine shorted the entire electrical system that I took the car to a qualified mechanic that I learned that they had literally stolen my engine. had do I make them fix this?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Alex J. Esq. replied 1 year ago.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am sorry to hear about your unfortunate situation.

What evidence do you have that the original mechanic has not provided you with the parts and services to which you have agreed and paid for?

What is the amount of repairs that is in dispute?
Customer: replied 1 year ago.

I have the date code stamp off the engine block. I have LKQ stamped into the engine block. (LKQ is an auto parts recycler) I have an aluminum engine block the one that was in my car was made of iron. I have gaping hole on the drivers side of my transmission where the starter should go. I have a hole on the passenger side of my transmission that was cut with a saws-all so they could install the starter on the wrong side of the transmission since they were bolting the starter up on the wrong side, since they were installing the wrong engine.

Expert:  Alex J. Esq. replied 1 year ago.
Dear XXXXX,

Thank you for your follow up.

Do you have all the written records of the repairs done by the original auto repair shop?

Did you have you car inspected by another independent licensed mechanic?

What is the amount of damages that you have suffered?
Customer: replied 1 year ago.

I do not have any records for the repairs by the original repair shop. the original repairs were paid for by the dealer I bought the car from. Yes I had the car inspected by another licensed mechanic. I had him document all of the mistakes made by the other shop. I had him remove the transmission so I got pictures of all the damage. as well as invoices for the work I had done last month.

Customer: replied 1 year ago.

I am looking at $5500.00 for a suitable replacement engine. $1200.00 to $1500.00 for a transmission $2500.00 for installation so approximately $9200 -$9500.00

Expert:  Alex J. Esq. replied 1 year ago.
Dear XXXXX,

Can you please explain why the dealer paid for the original repairs and if you have written documentation / records from the dealer stating what work was done on your vehicle?

Have you addressed this issue with the dealer directly and if you did what is dealer's response and position?
Customer: replied 1 year ago.

the reason the dealer paid for the repairs is because the engine seized 2 weeks after we bought the car. the dealer never provided any paper work. his response has been that he paid the repair shop $4000.00 if I had any problems take it up with repair shop.

Expert:  Alex J. Esq. replied 1 year ago.
Dear XXXXX,

Thank you for your follow up.

Unfortunately, you would not be able to pursue a claim directly against the repair shop, since the shop never had any type of direct contractual obligation with you and the only legal claim that can be pursued would be against the dealer who sold you this used vehicle and also who engaged this unprofessional shop in the repairs of your vehicle.

It would be a good idea to start by consulting with a local consumer protection attorney and this attorney will be able to send a demand notice to the dealer on your behalf and demand for the dealer to resolve this issue or face legal action.

You can find an experienced local consumer protection law attorney by using these well trusted and reliable attorney information / referral websites:

www.martindale.com
www.lexmundi.com
www.justia.com
www.lawyers.com

I wish you the best of luck!
Alex J. Esq., Attorney at Law
Satisfied Customers: 13051
Experience: Experienced Licensed Attorney
Alex J. Esq. and 8 other Consumer Protection Law Specialists are ready to help you
Expert:  Alex J. Esq. replied 1 year ago.
Dear XXXXX,

Do you have any related follow up questions for me?
Customer: replied 1 year ago.

are you sure I cannot sue the repair shop? I really don't like them

Expert:  Alex J. Esq. replied 1 year ago.
Dear Mark,

Thank you for your follow up.

I can only provide you with general answer and you should always consult with your local attorney for legal advice, but generally someone is a position similar to yours, would not be able to sue a repair shop, since there was no direct contractual obligation and it is a dealer who actually contracted this shop to conduct any repairs on the vehicle.

I wish you the best of luck and GOD bless you!

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