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Infolawyer
Infolawyer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 56063
Experience:  Licensed attorney helping individuals and businesses.
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Problem: Went to a local garage to have my RV oil changed: One

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Problem: Went to a local garage to have my RV oil changed:
One day and a half after leaving where I live for a trip, found out that the oil filling cap had not been replaced on the engine and that oil had spilled all over the RV engine and on my towed car staining the plastic part of it.
Had problem with the engine as it was coughing. When to a garage in Quebec and was told that the diagnosis given by the computer were not clear and the mechanics updated the engine software so the diagnosis would be clearer cost:($300). The mechanic asked me if the fuel filter had been changed and I said yes since the invoice I had from the local garage where I had my oil changed showed that the fuel filter had been changed. Continued on my way on the advice of the mechanic as according to him there was no problem in running the engine in this condition.

I drove approximately 120 miles at a maximum speed of 55 MPH. The engine was still coughing and I had problem climbing very slight hills. At the end I was riding at only 10mph. I went to another garage and they found after a few hours of work that the fuel filter had not been changed. They changed it and everything went well after that.

Do I have a case to go to court or small claims court. I wasted almost a week of vacation, I had to look for a new oil cap, had to pay more camping and hotel fees. Had to pay mechanics to find and solve the problem?
Thanks

Daniel :

Hello,

Daniel :

You have a solid case!

Daniel :

Basis for the claim is misrepresentation and breach of contract

Daniel :

small claims court would be prudent given amount involved and you save/avoid the lawyer fees

Daniel :

You may seek your actual losses and the related and forseeable costs you incurred

Daniel :

the court may not always award the second category

Daniel :

but you may include it in the complaint.

Daniel :

lost time is usually not compensable, but actual out of pocket would be

Customer:

Should I send a letter to the garage first?

Daniel :

Yes

Daniel :

by certified mail

Daniel :

and keep a copy

Daniel :

if that fails, you have exhibits for the court

Daniel :

showing your good faith efforts

Daniel :

be sure to give a short deadline

Customer:

Should I state everything that happened?

Daniel :

10 days at most

Daniel :

succinctly yes

Daniel :

have a deadline and a demand

Daniel :

Oct 1 for example

Customer:

OK

Customer:

And depending on the answer I should go to small claims or not?

Daniel :

right

Daniel :

give it the 10 days

Daniel :

and see if you can settle

Customer:

OK

Daniel :

the court would want it to settle too

Daniel :

Good luck

Customer:

THanks for your help.

Daniel :

very welcome

Daniel :

Kindly click on an excellent rating

Customer:

I will.

Daniel :

thank you

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