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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33098
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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I paid timing belt to be put on my car 4 months ago. it

Customer Question

i paid for a timing belt to be put on my car 4 months ago. it broke 7 weeks ago doing $900 in damage to my engine. we took the car back to the guy that put the timing belt in. he said it was a defective part that caused it to break he charged us $864 to put in a new timing belt and replace all the bent valves. Am i responsible for paying him or the defective part manufacturer? I feel like since the part was defective the manufacturer of the part should pay him and he should go after them. I did nothing wrong!
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Further, if you get a message asking if you want to do additional services like a telephone call that message is automatically generated by the website and is not sent from me. I, like most of the experts in the Legal categories, do not do telephone calls due to issues with State Bar rules and other concerns.

Did you agree to pay him when you took the car back to him?

Customer: replied 1 year ago.
No we towed the car to his shop on July 16th and called the following day explaining what happened. He was closed at the time car was towed and dropped at his shop. We called the next morning to explain what happened. He was a little curt with me as my brother is a Honda certified mechanic. He told me to ask some specific pointed questions which I did. I asked Terry owner of The Shop who had installed the new timing belt in October 2014 how long the repair was going to take he said he didn't know as he was having difficulty with the parts supplier not wanting to warranty the parts and labor. We had to wait for them to get that worked out before he would even begin work on our vehicle. I asked him several times how much money were we going to be looking at because i was sure there was going to be additional engine damage due to the failure if the tensioner. He told me he had no idea until he got into the job but that he'd treat us fair etc. I had to keep calling to see how our vehicle was progressing but they were either waiting on replacement authorization from vendor or for parts to come in. Then he promised it'd be done by certain days for several weeks but it was not completed until Thursday Sept 3rd. He had our car for 49 days!!! The issues he was having with his supplier should not have been a delay in his gething the parts he needed to fix the car. NOW we have the issue of the additional damages to our engine due to the parts failure that resulted in additionl work parts etc. Bot***** *****ne is he had our car for an overly extensive amount of time. Then he charged us $732 labor plus another $106 for parts oil change etc and $25 for something I can't read but I bet it was storage fee since we didn't pick it up Thursday when he said it was completed.
The total bill was $868.38 for warranty work. I know that this is not standard business practice in circumstances such as this. I've never had an experience like this. He's being greedy botrim line.We have asked for a box containing all the parts removed from our truck. We also have asked for receipts for the parts so we can pursue contacting his vendors if necessary. I feel he held our car hostage all this time due to fighting with warranty issues that did not involve us. The amount of time he had our car and his labor bill compared to if we would have had to rent a car would not have been a wash. He charged us full labor rates for installing the fixed additional damaged engine parts which I feel the company that supplied the inferior parts that caused this scenario of events and the need to correct the additional damaged engine parts should be the party responsible for paying the entire bill for this repair. NOT ME!
Expert:  Dwayne B. replied 1 year ago.

Unfortunately, under the facts as you have described them you would be initially responsible for the payment and could then sue for the amount you paid.

There is really no method in the law for the mechanic to sue the manufacturer for the amount f the repair since the vehicle belonged to you. The mechanic would not have what is known as a "cause of action".

I can't address whether the amount he charged you is reasonable or necessary since I would not have any way of knowing that. What I can tell you is that in the legal world the proper way for it to be handled would be for the owner of the car to pay for the repairs and then to sue whoever is responsible for whatever damages they have.

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