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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 1735
Experience:  Practicing Attorney with 10 years experience
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If my car had service of installing a starter and water

Customer Question

if my car had service of installing a starter and water overflow and the company had an employee test drive my car and I received a call from dealership stating i now need an engine due to the lack of care i gave my car. i was told it wasnt goimg to be covered under warranty because i abused my car by allowing it to overheat to many times . however it never boiled over until the car died while serviceman was driving on test drive and i the consumer is responsible for out of pocket service due to engine failure while in the care of serviceman .shouldnt the company be responsib;e for repair of engine ?
JA: Because consumer protection law varies from place to place, can you tell me what state this is in?
Customer: kansas
JA: Have you contacted the manufacturer?
Customer: i have only talked to repair service
JA: Anything else you want the lawyer to know before I connect you?
Customer: not at the momment
Submitted: 1 month ago.
Category: Consumer Protection Law
Expert:  Asad Rahman replied 1 month ago.

Generally I agree with you but in court you would be considered at least partially negligent if you did not maintain the car regularly as theyclaimed. You would have to prove their driving of the car caused the engine failure not your failure to maintain.

Customer: replied 1 month ago.
How can I prove that when the dealership was able to start the car dive the car to bay area for inspection and I was told the problem was the starter was bad and needed a new water overflow tank . And after that service they drive the vehicle and broke down while overheating on the highway and they had to tow the car back to dealership and then I'm told the engine needed replaced due to my abuse. What abuse if I wasn't driving when it overheated when they drove it.
Expert:  Asad Rahman replied 1 month ago.

I agree but then you should have aervice records to refute their claim that this is somehow your fault.