need advice for legal actions with mechanic

[adam0321]

so hear is my problem I have had my car(99ws6) out of the shop for about two weeks. it went in 8 months ago with a heads,cam,and bolt on job. I get it back 8 months later after all is said and done. the mechanic, rebuilt the engine because I had a bad conn rod. but he only replaced the bad ones along with a cylender. the car has a new set of heads,new cam, he polished the crank, and said he basicaly rebuilt the engine. it dynoed 460rwhp. but after driving it less then 100 miles, and not hard driving, it threw a rod. he says he is not covering it and I will have to buy a new block. what do you guys think and what are my choices. he has a 12 month 12000mile warenty on labor.

[Sarge]

Get a lawyer to write him a letter. Cost about $100 bucks.

[BADASS2000SS]

Get a lawyer to write him a letter. Cost about $100 bucks.

+1 ^

[pajeff02]

Generally speaking, in order to establish a claim against the mechanic you will need some evidence of the following:

1. That the mechanic was negligent in performing the work on your engine;

2. That the warranty contract agreed to by the parties, or offered as shop policy, has been breached; or

3. That there has been some other breach of contract in that specified work was not completed and that this lead to the engine failure.

Usually, for the first or third type of claims you will have to establish the claim via expert testimony. This being another mechanic with the appropriate qualifications and experience who can determine what the problem was, ie. a bearing shell installed wrong, and then provide credible testimony as to the same. Negligence requires a showing that there was a duty of care owed by the mechanic in working on your engine, that the duty was breached, and that the harm to your engine resulted from this breach.

The second type of claim is purely contractual -- what is covered / not covered by the warranty. Your state's laws may also provide for other types of claims that may be raised. Remember, sometimes things just break without any apparent cause or reason -- there has to be a showing that the mechanic did something wrong.

Your measure of damages is what it costs to repair or replace your engine, unless limited by your state's law to the value of the contract work that was performed. Therefore, you will also need a written estimate for the repair or replacement of the engine.

This reply is just general law-speak. Your best approach is usually to set forth your complaint in writing to the mechanic and request a reply within a reasonable period of time -- see if he will offer anything to make it right. Then, if that does not work, go with Sarge's advice and have a letter forwarded on your behalf by an attorney. Hope this helps...

[UnderHisGrace]

Does he have insurance? Usually you can get that information from him and deal with them the insurance company directly. I just went through this with a semi that we own pay ed the guy 8 grand and it lasted a trip come to find out he left a tool in the engine. But you'll have to have someone tear it down, and if it happens to be something he did you really have a leg to stand on according to the insurance guys and its easier for you to deal with them than arguing with the mechanic. And they are quick to settle, if there's a chance that it was the mechanic's fault. at least in my experience.
-Ronnie

[pajeff02]

Most insurance carried by shops is for liability -- ie. you get hurt on their premises. Rarely does it cover crappy work... but it never hurts to check. It is up to the shop owner to turn it in for coverage under his policy. If he does, then you will be contacted by an adjuster.

[adam0321]

thanks not sure if he has insurance and to be honest I think he might have a problem coughing that up. Also he wants to be te one to tear the engine down. probaly a bad idea ...why would he fault himself.

[UnderHisGrace]

This is true, but it worked out for me and it wouldn't hurt to try. But yea he'd have to get that info and maybe a letter from a lawyer would help. But like the mechanic in my case, he wanted to tear it down he would have found the tool and tried to pass the blame off on someone else. Good luck man.

[0rion]

Unless he agrees up front and puts it in writing that he's going to cover the repair I wouldn't let him touch your motor again. Which rod went through the block? One he replaced or a different one? He did the bearings too right? You're in a tough spot really because you're going to have to piss this guy off to get him to fix your car and I'm not sure I'd want him working on it again. Might be better off taking it somewhere else and proving it was his fault and going after him for damages but having someone else correct it. Talk to a lawyer either way and see what your options are.

[Cutlass]

....we own pay ed the guy 8 grand and it lasted a trip come to find out he left a tool in the engine.

Hehehehe I found a tool in an engine once. It didn't do any damage but it was damn funny. I ended up using the tool to help complete the repair I was doing.

[JoshieDoom]

Hehehehe I found a tool in an engine once. It didn't do any damage but it was damn funny. I ended up using the tool to help complete the repair I was doing.

hahahaha its always nice finding gear wrenches/screwdrivers when you take apart someones car....

[SVG210]

did the mechanic get your consent to work on your block? you said you went for a heads,cam, and bolt on job he shouldnt of been in your block.

[adam0321]

yes he did because he said he needed to replace the cam bearings, wich turned into replacing 2 cylenders ans conn rods

[0rion]

yes he did because he said he needed to replace the cam bearings, wich turned into replacing 2 cylenders ans conn rods

wonder if he knicked the bearings himself???

[adam0321]

who knows. im pissed the only thing keeping me saine is that now I have a great reason to drop in a 408