Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
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If they charged you for repairs that did not fix the problem, but they are covered by warranty, then your first step is to contact the dealer and take it for the warranty repairs. You need to file a claim under the warranty to cover the $3000 you paid to find it was something that was a warranty issue. Also, if when the new mechanic examines the engine, if they find the original mechanic did not do work they were supposed to do, then you can sue the original mechanic for negligence to recover your money from them if the warranty company refuses to pay for the work, since this is supposed to be a warranty issue.
The thing with mechanic repairs is that when someone brings a car in for work, the mechanic must make reasonable repairs and efforts to repair. The fact that their repairs may not work is not automatic reason that they are not entitled to payment. If the mechanic made reasonable efforts to repair and did work, under the equitable legal theory of "quantum meruit" it is entitled to get paid for their reasonable efforts. It is only when the mechanic was negligent that the owner is entitled to sue the mechanic for negligent repairs to recover their money back.