Consumer Protection Law

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Van in for service tune up new water pump belts hoses new…

Customer Question
Van in for service...

Van in for service tune up new water pump belts hoses new timibg chain. Pick up drive on freeway new belt breaks. Motor overheated with oil under motor and trany. Tow back to mechanic replace belt he didn't notice oil, he says. That belt caused damage to my van is the mechanic responsable . take van 2nd time overheats tow back. What should i do now. I believe the sending me out the door is fraud knowing the repair damaged the motor. Private shop in business same location 15 yrs.

Lawyer's Assistant: What state is he in? It matters because laws vary by location.

California

Lawyer's Assistant: What steps has he taken so far?

Takes no responsibility and says the rebuild will be 4500.00 already paid 1360.00 first tube up abd service

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not sure. Had to pay train ticket to get fiancee home for Christmas. The van was to be roadworthy for a vacation abd Christmas. I can't go to work and the mechanic abandoned me to get another tow no call back.

Submitted: 4 months ago.Category: Consumer Protection Law
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Customer reply replied 4 months ago
Paperwork for service states no other problems. States tune up water leak repair and new timing chain more power. Was to be ready for a trip.
Answered in 3 hours by:
12/28/2017
Consumer Protection Lawyer: Marsha411JD, Lawyer replied 4 months ago
Marsha411JD
Marsha411JD, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 20,821
Experience: Licensed Attorney with 29 yrs exp with Consumer Law issues
Verified

Hello,

Thank you for your post. Since we are not your attorneys, we cannot tell you what to do, however, with some additional facts I can discuss your options. Can you tell me where you van is now, with the garage or with you? If in the garage, is the owner saying you cannot take the vehicle without payment? If you have the vehicle, have you taken it to a new garage for repair estimates?

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Customer reply replied 4 months ago
At garage for more service. Since its blown. Paid 1360.00 already. Now estimate 4500.00 my question to answer above all is a mechanic responsible for the damage due to the product failure or faulty mechanic. I'm waiting to talk after advice from counsel and other mechanic. Want to have my rights and a few facts
Customer reply replied 4 months ago
Have paperwork from shop snd tow photos from 2nd tow
Consumer Protection Lawyer: Marsha411JD, Lawyer replied 4 months ago

Thank you for your reply. As I mentioned, since I am not your attorney and this is an "information only" Site, I cannot tell you whether or not you have a case. In addition, of course, I don't have a car expert's opinion on the cause of the current issues and the standard of care taken in the original repair. I can though, tell you what your options are if you believe that the shop was negligent or fraudulent in their actions.

First, if you don't have any faith in their fixing the problem this time, you can take your vehicle to another shop and have them not only tell you their opinion about whether the previous shop was negligent, but also give you an estimate for the repair of your vehicle. That information will be necessary if you decide to go forward with either a small claims court action or a complaint to the California Consumer Protection, which are your main two options to resolve the issue.

However, in order to take your car, the garage will require that you pay any outstanding balance you might have with them. If you have done that, then no problem. If you still think this shop can do the job correctly and repair all of the problems, then you can leave it there and then, after you have paid them for that additional work, file the suit I referred to above or file your consumer affairs complaint.

Those are your main options. Please feel free to ask for clarification if needed. If none is needed, then if you could reply to this answer and let me know that I covered your question within the TOS of the Site (information only), then the Site will give me credit for assisting you today. Thank you

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Consumer Protection Lawyer: Marsha411JD, Lawyer replied 4 months ago

Here is the link to the State's Consumer Complaint information and forms: http://www.dca.ca.gov/consumer/complaints.shtml

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Customer reply replied 4 months ago
The question has not been answered. A mechanic installs parts are they responsable for the area Worked. Are they responsable for the failure the damages to motor due to their part failure. 2nd the second repair sent me out the door with blown head is that not negligence
Consumer Protection Lawyer: Law Educator, Esq., Lawyer replied 4 months ago
Law Educator, Esq.
Category: Consumer Protection Law
Satisfied Customers: 124,229
Experience: Attorney experienced in commercial litigation.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

I am a DIFFERENT CONTRIBUTOR, as your previous contributor left.

A mechanic who works on a vehicle is liable for doing proper work in a non-negligent manner. If the mechanic installed a part, they are liable for installing that part correctly. IF the part fails, the manufacturer of that part is liable, not the mechanic as long as the mechanic installed it correctly.

If the mechanic made negligent repairs and that led to other damage to the vehicle, the mechanic is liable for ALL damage directly caused by their negligent work. You would need a mechanic to testify that the work done by the first mechanic caused the other damage, but they would indeed be liable for that damage.

If the 2nd mechanic inspected the head gasket and did not repair it or at least warn you of the problem, then yes, that would be negligence on part of the 2nd mechanic and grounds to sue them for any damage their negligence caused.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 124,229
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Experience: Attorney experienced in commercial litigation.

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