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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 32323
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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An engine shop was paid to rebuild an engine which included

Customer Question

an engine shop was paid to rebuild an engine which included a warranty. The engine failed and is now back in the shop. been over a month and with out a car unable to work. should the auto shop be responsible to provide rental car? If not would they be responsible for small rent charge $550 due to not being able to work without car. location in Phoenix, AZ
Submitted: 7 months ago.
Category: Consumer Protection Law
Expert:  Dwayne B. replied 7 months 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. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. Please be patient when waiting for a response. I may be looking something up, typing the response, or busy with something else and sometimes it takes a while to respond. The issue isn't quite as simple as the question would make it appear.In this case, and under your facts, it is likely that someone other than you would be responsible for the rental payments.The first issue is the paperwork or agreement between you, the mechanic's shop, and the company that provided the engine. It is becoming more common to see companies put a waiver of extra damages into their agreements meaning that when you sign the agreement you have waived the right to collect any damages above the cost of the repair. There is no way for me to know if any of the paperwork contains that provision so you would want to have a local lawyer review all of the paperwork to establish your rights.Next, I am operating under the assumption that they are not claiming that you did anything to cause the engine problem. If they do make that claim then that is a defense they can use to avoid payment of the extra damages.Finally, you will have to find out why the engine "failed". If it was due to an installation problem then the mechanic would owe you for your damages. If it was due to a defect in the engine then the company that provided the engine may be the one responsible.However, to get your money for the rental or for loss of use you may have to sue them, either in small claims court or a regular court and either represent yourself or hire a lawyer. The process of a lawsuit is essentially the same everywhere, with a few, minor procedural differences.A lawsuit generally follows this process:1) File the petition in the court with jurisdiction and venue. The court with jurisdiction and venue is usually where the defendant resides or has their place of business. You also have to look at the amount you intend to sue for to determine what court is correct2) When you file the petition with the clerk of courts you will pay the filing fee and also ask for citation to be issued and service to be done. The clerk doesn't serve the papers so ask them if you have to take them to the sheriff's office for service or if they will do it. Just follow their directions as to that.3) The sheriff will serve the defendant with the lawsuit.4) The defendant will file their answer.5) You can then do some discovery if necessary but you will need to check with the clerk and ask if your court allows discovery. Some small claims courts do not.6) After that the next step is to set the case for trial.7) During the trial you introduce your evidence and they introduce theirs.8) The judge renders a judgment and a written order is entered.That is the basic process of a lawsuit.