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Is my small claims suit on defective auto repairs legit?

2000 Corolla with 140,000 miles, check engine light, rapidly blinking turn signal. I asked the shop to look it over carefully, run diagnostics, and advise on whether it's worth putting money into it hoping it will last past 200,000 miles (these cars often do). Their estimates to take care of the check engine problem by replacing the fuel pump, struts, and other repairs was $2,100. That stretched the envelope, but it's been a great car and I said to go for it. They replaced the valve cover gasket, replaced bulbs and a flasher unit, did the suspension work. The check engine light came back on. They replaced the oxygen sensors. The check engine light came back on, and in addition the turn signal switch started buzzing loudly. They replaced the turn signal switch, and cleaned the mass air flow sensor to take care of the check engine light. They commented the catalytic converter was on its way out.

The repair bil quickly went over $3,500 and climbing. The check engine light came back on (always on the way home). I decided to run like mad from the shop. They didn't fix the check engine light problem, and every time I walked in the door something else went wrong with my car and it cost me hundreds.

A month later my car acted up again. The new shop had to replaced the valve cover gasket, and commented it had been incorrectly repaired. They also replaced the mass air flow sensor. Finally the check engine light stays off. The second shop's bill was $700.

I took the $700 invoice into the first shop and it was not a pleasant conversation. "That's why they call it an estimate," "we can't be responsible for an old car when things break." Estimate $2,100, paid $3,500, and there were more repairs coming down the pike.

I'm suing in small claims court. I'm not claiming intentional fraud. I think they blew the initial eval, and they didn't know what they were doing with the engine diagnostics. They were just checking things and replacing them hoping it would work, which it didn't. The owner of the shop was also angry I didn't take it back to them when the valve cover gasket started puking oil again. I said "I don't trust you." That's when the conversation went downhill.

Think I have a case? Their suspension work seems to be fine, so I'm not going after that. But I am going after all the engine and electrical work they did. The last time my blinkers started going fast I replaced a bulb and it fixed it. They replaced the flasher, then the lever mechanism for hundred of dollars.

Update:

Hey, Sherlock, I wasn't asking if my opinion would pass for evidence. I did my best to lay out what happened and asked if anyone with knowledge would provide an opinion.

Does the fact that after more than $1,500 of repairs specific to the check engine light did not solve the check engine light problem, and another shop had to redo repairs performed by the original shop indicate any claim of improper repairs? Is fraud the only possible avenue to claim damages? Is incompetence perfectly allowable under the law?

Is three strikes and you're out a reasonable standard for not wanting to take the vehicle back to the shop?

Please, only serious answers. Weasels who are starved for attention need not respond.

5 Answers

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  • 9 years ago

    If you were informed the work was going to cost more than the $2,100 and you gave the go ahead then I don't believe you have a case. You green lighted the additional work and knew what it would cost.

    Now if you got a surprise bill for $3,500 then you might have a case. A rational person if given the chance would think about putting $3,500 of repairs into a car with 140,000 miles. But that same person may not bat an eye if only 40,000 miles were on the car.

    Finally what does the local law say on automobile repairs estimates and such?

  • 9 years ago

    If you bring that new mechanic with you to court, and he testifies that the first shop improperly repaired the valve gasket, then you may have a plausible case to at least get reimbursed for that particular repair. Additionally, some states have specific statutes that prohibit a repair shop from charging more than the initial estimate, unless the car owner authorizes, in writing, additional charges above the initial estimate. If your state has such a statute, then that will be helpful for your case. (You don't say what state you are in, so it is unclear if this applies to your situation.)

    If you plan on going to court by yourself, without an auto mechanic expert who can give expert testimony in support of your case, you have little chance of winning.

    Good luck.

  • Did they do work that was not authorized? It doesn't sound like that. Otherwise, the only way you will win will be to prove that not only did they not do the diagnosis properly, but that the real issues were obvious and would have been found. The truth is that they are completely right. Sometimes just the process of fixing things on older cars CAUSES more trouble.

    Frankly, your odds are slim.

  • Randy
    Lv 7
    9 years ago

    I don;t think you have a hope in heck. They gave you an estimate and an opinion. You chose to go ahead and Im sure you will find somewhere in their paperwork that it is just an opinion. As well, you clearly state above you are not claiming intentional fraud which is the grounds to go on therefore you have no case IMHO.

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  • Yup
    Lv 7
    9 years ago

    iffy at best. the shop is required to make a good faith diagnosis, they are not required to be right.

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