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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26837
Experience:  Began practicing law in 1992
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Can I sue the auto repair shop? The battery died in my truck

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Can I sue the auto repair shop? The battery died in my truck in Sept. 2012. When new battery was replaced and a/c turned on the engine would rev up high and almost cut off. I took it to a repair shop thinking I now have a/c problems. Told and showed the mechanic what the truck was doing and he agreed it was the a/c. I declined to do the diagnostic based on his acknowledgement. I was called and told I needed a compressor. I asked how much and was told $1200-1500. I went to p/u my truck and paid the $1200, and was leaving and going to my truck I was then told "It's still doing the same thing. I don't know what's wrong with it. You will have to take it to the dealer". Never was I told prior too the compressor needing to be replaced that it would not fix my truck nor was I given a choice on the matter. I feel as if I was taken advantage of. I took it to the dealer 2 days later and a service bay representative told me it was the throttle body that needed to be recalibrated. I questioned him and he called a mechanic and told him the problem and he said the same thing. It cost me 143.01. That is all I should have paid the 1st repair shop. If a non mechanic can tell me what is wrong with my truck, why didn't they know. They are supposed to be certified. I have my receipt and it states on it take it to the dealer. I called the 1st place and talked to them about this and they offered to give me the money back I paid at the dealer. This is not acceptable to me. If I had been given a choice I would have not done that work knowing it would not have fixed my truck. My a/c was running fine prior to the battery dying. I have been so ashamed and humiliated by this. I also took a lady to work and home and she would either close the a/c vents or ask me to turn up the a/c, because it was too cold on her. I feel like an utter fool, because I didn't know better. Thank You.
Submitted: 10 months ago.
Category: Legal
Expert:  Dwayne B. replied 10 months ago.

Dwayne B. :

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.

Dwayne B. :

Can you sue them? Yes.

Dwayne B. :

Is it going to be worthwhile? It is going to be close.

Dwayne B. :

To recover under your facts you are going to have to somehow prove that there was nothing wrong with the compressor, which is going to require hiring an expert and even then they probably aren't going to be able to say that the compressor was fine.

Dwayne B. :

They may be able to say that the compressor wasn't causing that problem and if they do then the judge may award you the money, but most judges wouldn't award the full amount, they would still allow the auto repair shop to recover the cost of the compressor and take off the labor.

Dwayne B. :

If you have the old compressor then that would make it much easier to win the case and also make it much more likely that the judge would award you the full amount that you paid the auto repair shop.

Dwayne B. :

The website is showing you are offline so I will exit so I can assist other customers. Please feel free to ask any follow up questions that you have in this thread. However, please do not issue a rating until our interaction is complete and all of your questions have been answered.

Customer:

I'm not offline.

Dwayne B. :

All right. Do you have any more question?

Customer:

I never saw the compressor. Never was even told what the compressor was doing. Not till I called the corporate office and they patched me into the shop with the manager was I told it was leaking. But if it was leaking the air would not have been cold.

Dwayne B. :

Not having the compressor makes it harder but you still have a good shot at winning. As I said, you're going to have to hire an expert though and those fees aren't recoverable.

Customer:

If I hire an expert what good will that do if I don't have the compressor?

Dwayne B. :

They can testify that the compressor wouldn't have caused that problem.

Dwayne B. :

They could likely also testify that before you assume it is a compressor they should have checked the throttle body.

Dwayne B. :

Generally a mechanic is supposed to check the least expensive items first,

Customer:

How would I know about a throttle body? I'm not a mechanic and I trusted in them to find the problem. The compressor had nothing to do with the problem I bought it in for.

Dwayne B. :

That's what I'm saying, the expert can testify they should have checked the throttle body rather than the compressor.

Customer:

Thank You. I will go back to the dealer shop and see what I can do. I have told at least 4 other mechanics in different places the problem and they ALL said its the throttle body.

Dwayne B. :

You're very welcome.

Dwayne B. :

Best wishes to you on this and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work.

Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26837
Experience: Began practicing law in 1992
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