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LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 7071
Experience:  Research Attorney; Private Practice; Attorney Mentor; Mediator
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My case has to do with a bad mechanic. I was driving my car

Customer Question

Hi Pearl. My case has to do with a bad mechanic. I was driving my car when the oil pressure light flashed on my dashboard and the engine was leaking oil. I brought it into "Arturo's Auto Repair" to get it fixed. When I went to pick it up, they said it needed one more part-a dipstick tube. Instead of getting the part and installing it, they told me to drive and pick it up myself. I bought the part and on the way back to Arturo's, it stalled and I had to coast into a parking lot a mile away from the shop.
JA: Can you tell me what state this is in? And do you know who owns the lot?
Customer: Texas
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes. I had it towed to my regular mechanic who informed me that the engine is shot and that it will be about $3200. to put in a new one.
Submitted: 15 days ago.
Category: Consumer Protection Law
Expert:  LegalGems replied 15 days ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  LegalGems replied 15 days ago.

I am sorry to hear this! That is a lot of money for an oil issue; presumably the mechanic can confirm the engine gave out because of a lack of oil.

There are 2 possible causes of action that can be brought when a party fails to act competently. These are listed below:


An agreement must contain four essential elements to be regarded as a contract. If any one of them is missing, the agreement will not be legally binding.
1. Offer
2. Acceptance
3. Intention (meeting of the minds)
4. Consideration (fair value exchanged)

For breach of a contract, the plaintiff is compensated by the defendant paying for the damages (ie cost of repair, tow services). They need to be reasonably foreseeable and proximately caused by defendant's breach (ie a direct result of the breach)

2. Negligence is defined as a failure to perform with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but may consist of omissions when there is some duty to act. This cause of action has 5 elements: the existence of a legal duty to exercise reasonable care; a failure to exercise reasonable care; harm caused by the negligent conduct; physical harm of actual damages; and proximate cause (reasonably foreseeable damages).

The small claims is the proper venue, for claims under $10,000. Information on that process is here.

It is standard practice to first send out a demand letter, requesting the repair/compensation; if that is not forthcoming, then filing litigation is the next standard step.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  LegalGems replied 10 days ago.

Hi. Just checking in to see how the above situation worked out. Hoping the information was useful. Thanks!

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