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LADYLAWYER
LADYLAWYER, Lawyer
Category: Legal
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i brought my car in to a firestone repair shop to have a diagnostic

Resolved Question:

i brought my car in to a firestone repair shop to have a diagnostic check.the test came back saying that i needed a compressor(new-air conditioning system) and serpentine belts,and some wiring repair.i got everything fixed except for the air-conditioner.upon leaving firestone with my vehicle,not even a an 8th of a mile my car stops moving.i immediately take it back to firestone and the tech says to me"all of our specialist are gone for the evening and they can look at it first thing in the morning.i get a call the next day stating that my transmission went out.they towed my vehicle to mr transmission and they stated the same.now,my car drove perfect to firestone.i had a diagnostic check which is to tell me EVERYTHING that is wrong with the car.they have offered to refund the money for the diagnostic check and pay for the tow to the transmission shop but will NOT accept liability for the transmission.can i file a lawsuit?
Submitted: 4 years ago.
Category: Legal
Expert:  LADYLAWYER replied 4 years ago.

Hello,

 

Did Mr. Transmission believe that Firestone caused your transmission to go out?

Customer: replied 4 years ago.
no.they stated that they dont see how they could have done anything.but my car was driving fine until i left firestone.
Expert:  LADYLAWYER replied 4 years ago.

Hi,

 

Well, to answer your question, you can file a lawsuit in small claims court and you would not need an attorney for that, but to be honest with you, unless you can provide some proof that they damaged the transmission and caused it to quit working, the judge is not likely to side with you. Many times, when you fix one thing in a car, another will break, so again, unless you can find a mechanic to testify that he believes Mr. Transmission is responsible and why, I would not waste my money to file the lawsuit. I know that's not what you wanted to hear, but I hope you will appreciate the honesty here.

Customer: replied 4 years ago.
i just had a transmission installed in 2007..i have only put 19,000 miles on that transmission.if they feel they didnt do anything wrong why are the accepting ANY form of liability then?
Expert:  LADYLAWYER replied 4 years ago.
The court will not necessarily view their gestures as an admission of guilt, more as a good faith gesture that is customer-serviced based. But hey, I am just telling you how the court usually views these situations from the experience I have had as an attorney. There IS a mandatory pre-trial mediation that you and Firestone would have to go to before you went to court and they may offer to settle just to save face and keep from having a bad reputation. If you are going to sue, I would write them a demand letter first and send it by certified mail. Write it as if the judge was reading about the situation for the first time. Tell them that you are demanding x amount of dollars in order to keep you out of court. Give them 30 days to pay, or tell them you will file a lawsuit. Maybe they will go ahead and pay up. Let me know if you have more questions. Also, please don't forget to accept one of my answers so I can receive credit for helping you. Thanks!
LADYLAWYER, Lawyer
Category: Legal
Satisfied Customers: 6531
Experience: Civil; Family; HOA; Landlord/Tenant; Real Estate; Probate; Insurance; Immigration; Wills & Trusts
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