Should I sue the mechanic for bad work?
12-04-12, 01:15 PM
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Should I sue the mechanic for bad work?
Well, everyone I'll try to be brief. I am just looking for feedback on the idea I have about taking my previous mechanic to small claims court to pay for a repair I had. I'll try to be quick.
Had the timing belt pkg quoted a few months ago for $585 for my 2002 RX300 with 105K. Said yes to the price, got a call while it was in the shop "Oh you need new cam seals, pulleys, tensioner etc. b/c yours are worn out." Brought the total to $1,230 or so. I said do it, because I want it done right so it will last another 100K. Well they did it and about a month later saw oil starting to leak on my garage floor. Honestly didn't think much of it. Then I took an 800 mile road trip, Oil all over the hatch door in the back when I got to my destination. Had to make an emergency trip to a Toyota dealership to find the culprit. They said..."Bad Cam Seals." So I drove home topping it off with oil every hour or so to be safe, Toyota place couldnt fix seals that day. So I bring it back to the mechanic, he replaces to seals, says they were "defective." The office manager was a real jerk said it could be ready in "5, 10 or 15 days, I have no idea" when I asked for an estimate. Took 3 days. Then the night I pick it up, I drive it home only to have the CEL come on, took it back to the mechanic, says he thinks the cam position sensor has oil from the first leak. Well I decide that's enough and I take it to someone else to fix it. Turns out the timing belt was off 3 teeth and the water pump gasket was leaking. So $435 later at the new place it's running fine. I asked the original guy to cover the bill, in person, he obviously said "no way." I said "Ok well, I lost faith in your business and had to have your work fixed somewhere else and I will most likely take this to small claims court."
Do I sue him for the $435, the whole amount or just let it ride? There is a little more to it but I wasn't treated well and I had more damage (money and time without car) and headaches caused by this guy. He said he'd warranty his work but not if I had to have his worked fixed by another mechanic.
Had the timing belt pkg quoted a few months ago for $585 for my 2002 RX300 with 105K. Said yes to the price, got a call while it was in the shop "Oh you need new cam seals, pulleys, tensioner etc. b/c yours are worn out." Brought the total to $1,230 or so. I said do it, because I want it done right so it will last another 100K. Well they did it and about a month later saw oil starting to leak on my garage floor. Honestly didn't think much of it. Then I took an 800 mile road trip, Oil all over the hatch door in the back when I got to my destination. Had to make an emergency trip to a Toyota dealership to find the culprit. They said..."Bad Cam Seals." So I drove home topping it off with oil every hour or so to be safe, Toyota place couldnt fix seals that day. So I bring it back to the mechanic, he replaces to seals, says they were "defective." The office manager was a real jerk said it could be ready in "5, 10 or 15 days, I have no idea" when I asked for an estimate. Took 3 days. Then the night I pick it up, I drive it home only to have the CEL come on, took it back to the mechanic, says he thinks the cam position sensor has oil from the first leak. Well I decide that's enough and I take it to someone else to fix it. Turns out the timing belt was off 3 teeth and the water pump gasket was leaking. So $435 later at the new place it's running fine. I asked the original guy to cover the bill, in person, he obviously said "no way." I said "Ok well, I lost faith in your business and had to have your work fixed somewhere else and I will most likely take this to small claims court."
Do I sue him for the $435, the whole amount or just let it ride? There is a little more to it but I wasn't treated well and I had more damage (money and time without car) and headaches caused by this guy. He said he'd warranty his work but not if I had to have his worked fixed by another mechanic.
12-04-12, 01:24 PM
#2
Lexus Champion
I wouldn't walk, but run away from that guy! As for the lawsuit, you have to sit and figure out how much you would actually get out of it after attorney fee`s etc. Contact a lawyer, and see if this would be logical.
12-04-12, 01:31 PM
#3
When a Mechanic put the rod bearings on backwards in our Van and shot the rod through the motor, we just asked NOT to pay the $1200 for the work. We were lucky to break even. That's why no matter how hard or easy, we try to do the project our selfs. Though, with things like the timing belt/chain, that would be best to do with a certified person you trust. IMO, I wouldn't raise a dispute, but that's just me. And like what lexus114 said, would it be worth it to sue? Think it out and make the decision you think is best. GL.
12-04-12, 02:06 PM
#4
Moderator
First read over the contract very carefully.
As indicated in your last para., the shop provides some warranty on the work. It is very unlikely they will give you the money to have it repaired by another shop. You can potentially make a claim if you are stranded away from home, otherwise you are obligated to bring back your vehicle to the shop who did the repair.
Keep in mind typically there are three or more parties involved .. you the customer, the shop, the mechanic and the parts. You are obligated to pay the mechanic for his time irrespective of the outcome... and there is 'mechanics lien' that can be invoked.
You may have a case if you can prove a deception ... you were charged for OEM parts and what they used were after-market ... or service(s) not perform. Else, write a review and move on.
Salim
As indicated in your last para., the shop provides some warranty on the work. It is very unlikely they will give you the money to have it repaired by another shop. You can potentially make a claim if you are stranded away from home, otherwise you are obligated to bring back your vehicle to the shop who did the repair.
Keep in mind typically there are three or more parties involved .. you the customer, the shop, the mechanic and the parts. You are obligated to pay the mechanic for his time irrespective of the outcome... and there is 'mechanics lien' that can be invoked.
You may have a case if you can prove a deception ... you were charged for OEM parts and what they used were after-market ... or service(s) not perform. Else, write a review and move on.
Salim
12-04-12, 02:10 PM
#5
Lexus Test Driver
Unfortunately, I think you just have to let this one go. Do as Salim said, write a review, and move on.
It's not worth the headache for $435, I rather visit the mechanic and give him a piece of my mind along with a few other words.
It's not worth the headache for $435, I rather visit the mechanic and give him a piece of my mind along with a few other words.
Last edited by hypervish; 12-04-12 at 04:18 PM.
12-04-12, 03:42 PM
#6
I would check the dollar limit on small claims courts in your area. Some are now over $1,000.
I had luck with a body shop many years ago. They ignored my complaints until they got served the small claims court papers. They then contacted me and did the rework to correct the problems.
It's much less clear with mechanical work. They can always claim it is another problem, and needs much work (and dollars) to fix.
I had luck with a body shop many years ago. They ignored my complaints until they got served the small claims court papers. They then contacted me and did the rework to correct the problems.
It's much less clear with mechanical work. They can always claim it is another problem, and needs much work (and dollars) to fix.
12-04-12, 05:29 PM
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Thanks for all the replies. I'm thinking a call to the BBB and a few reviews may be the best bet as well. If I would have done it with Toyota or Lexus I would be in it for less money and have a guarantee they knew what they were doing. Lesson learned.
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12-05-12, 07:35 AM
#8
I can only say that in Virginia it is not hard to go to "small claims" court. I have done it a number of times and never needed a lawyer to help. I have sued mechanics and won. You just have to be willing to endure the slow process of our court system. Only you can decide if it is worth the time. I will say that most entities will pay once they get served since it is not worth their time to defend themselves for $450.00. Then it just costs you the court costs. In Virginia that is about $55.00. If you settle out of court the court costs are not recoverable.
12-05-12, 07:59 AM
#9
Moderator
I can only say that in Virginia it is not hard to go to "small claims" court. I have done it a number of times and never needed a lawyer to help. I have sued mechanics and won. You just have to be willing to endure the slow process of our court system. Only you can decide if it is worth the time. I will say that most entities will pay once they get served since it is not worth their time to defend themselves for $450.00. Then it just costs you the court costs. In Virginia that is about $55.00. If you settle out of court the court costs are not recoverable.
Salim
12-05-12, 08:10 AM
#10
as a personal injury lawyer i can offer a few points:
it is cheap to serve them with papers from small claims court, and is probably worth it to see if they cave in and pay up.
going to small claims court is no big deal, but my experience is that everyone lies, and so how do you prove the offending mechanic is lying without getting the in-courtroom testimony of the subsequent honest mechanic? without that, i think you lose.
finally, even if you win, you still have to collect, and that is another courtroom process that can easily involve garnishing someone's bank account [ie the bank of the shop that ripped you off; the losing side can simply say "get lost"]. that means finding out their bank and serving the bank manager with the garnishment order. if they close that account and swithch to another bank before you get there, you are back to square one.
in my opinion, you only have to sue the shop, but you do have to know the name of the legal entity that owns the shop, and you ahve to know who is the registered agent for service of process. the individual mechanic is an employee, and the shop is responsible.
finally, i know that our legal system sucks. but that is only because there has been a massive loss of virtue among all of america, from top to bottom. your treatment by the shop is the kind of loss of virtue i am talking about. wall street is a bigger example. same attitude, though.
it is cheap to serve them with papers from small claims court, and is probably worth it to see if they cave in and pay up.
going to small claims court is no big deal, but my experience is that everyone lies, and so how do you prove the offending mechanic is lying without getting the in-courtroom testimony of the subsequent honest mechanic? without that, i think you lose.
finally, even if you win, you still have to collect, and that is another courtroom process that can easily involve garnishing someone's bank account [ie the bank of the shop that ripped you off; the losing side can simply say "get lost"]. that means finding out their bank and serving the bank manager with the garnishment order. if they close that account and swithch to another bank before you get there, you are back to square one.
in my opinion, you only have to sue the shop, but you do have to know the name of the legal entity that owns the shop, and you ahve to know who is the registered agent for service of process. the individual mechanic is an employee, and the shop is responsible.
finally, i know that our legal system sucks. but that is only because there has been a massive loss of virtue among all of america, from top to bottom. your treatment by the shop is the kind of loss of virtue i am talking about. wall street is a bigger example. same attitude, though.
12-05-12, 08:25 AM
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Thanks again. It's a hard decision because A. I think I was kind of taken with the recommendations for extra parts after it was sitting it the shop in pieces and B. I their treatment of the customer(me) was cold and insulting and C. The work wasn't done properly and so I lost the trust I had in them and had to pay someone else to do it right. I'll keep mulling this over....
12-05-12, 08:42 AM
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I should also mention the shop that fixed the work said I should check into small claims as they have seen this kind of thing for the same mechanic before (cheap quotes, put in on the rack and add on parts while its sitting in the air, plus shoddy work)They said they would sign the affadavit if I needed them too....I didn't even mentioned small claims to them.
12-05-12, 10:35 AM
#13
Pole Position
I would go to small claims. They did you wrong, and if you get even a partial on money back that is better than nothing. Sorry for your unfortunate experience.
12-05-12, 11:25 AM
#14
Just FYI, if you decide to sue, you sue the shop but serve the registered agent. With a small business it is often the owner of the shop. Other times the lawyer of the shop. It is easy to go to the web site of your state corporation commission and get the registered agents name. In addition to garnishment order you can put a lien on something like the business's tow truck or some other property owned by the business. If they get sued enough times they will either get their act together or go out of business. Many times the mere threat of going to court loosens up the check book. Good Luck!
12-05-12, 12:24 PM
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Other options outside of going to small claims court could be to let the business know that you're going to file a complaint with the BBB and the attorney general's office.
Depending on how many complaints they have had in the past, there is a small chance they may reimburse you some money in exchange for not reporting them.
Depending on how many complaints they have had in the past, there is a small chance they may reimburse you some money in exchange for not reporting them.