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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 111683
Experience:  Attorney experienced in commercial litigation.
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I have a 1940 Lincoln Zephyr with a late model V8 engine and

Customer Question

I have a 1940 Lincoln Zephyr with a late model V8 engine and transmission. Yesterday, I picked up my Lincoln from a repair shop. I quickly noticed the carburetor was "sticking" in that it would not quickly idle down when coming to a stop.
At the very first red light, at a complete stop, it went dead. The carburetor was not functioning properly. The garage had worked on the carburetor. I had to constantly start the car at the next 4-5 red lights.
At one red light, I stopped 3-4 car lengths behind a Ford work van. When the light turned green, I started the car, gave it some gas, at which time it accelerated at full throttle. I depressed the brake fully, pulled up the parking brake, neither of which would stop the car from hitting the van in the rear. The van was not damaged and the driver went on his way.
I feel that I have a case, in that the garage sent me off in a car that contained a part that was not functioning correctly. This is a part they repaired and charged me about $500.00. Now my antique car has several thousand dollars worth of damage to the front end.
My wife, behind me driving her car, witnessed it all.
Ron Greene
Submitted: 6 months ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. You have a case against the shop for negligent repairs and any and all damages that occurred as a result of their negligent repairs. So you would be entitled to make them repair the negligently repaired part and if any damage was done to the car (you said the van was not damaged) they would be liable for that as well, since their negligent work on your car caused this to occur. You need to start by making a demand on the repair shop to correct the repairs they made at no charge, since you need to give them a chance to cure their negligence. If they refuse to do so, then you can take it elsewhere and sue the shop for the cost in getting the repairs made correctly and for what you paid the shop for their negligent repairs and any damage to your car from the accident.

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