What is the name of your state (only U.S. law)?
New York
History - I bought a car (2001 toyota) from a local dealer in Jul-11. It was not having warranty. Two months later the muffler broke and also "check engine" light came on. I called the dearler up and went to him. He took me to a local mechanic shop to help me get it repaired. The dealer has some sort of relationship/good terms with this mechanic.
We did not discuss about fixing the check engine light. Mechanic & dealer discussed and said that they can repair the broken muffler for $50. I agreed. There was no paperwork done.
The Incident
While they were welding the muffler, due to the welding - possibly the welding fires went through the bottom metal frame of the car, the interior of the car caught fire and the car got burnt. It is almost unrepairable from interior. My guess is that the engine and the tyres are still fine.
The fire was significant and 911 had to be called and police report was also filed.
Current status
- I had 3rd party liability insurance so my insurance wont pay me anything.
- The mechanic + Dealer are offering me following
1) Give me another car (not good enough) at discounted price.
2) Give me cash which is at least $600 less than the current "good value" of the car. Or about $1000 less than what they sold me 2 months back.
What are my option? Should I go to court?
New York
History - I bought a car (2001 toyota) from a local dealer in Jul-11. It was not having warranty. Two months later the muffler broke and also "check engine" light came on. I called the dearler up and went to him. He took me to a local mechanic shop to help me get it repaired. The dealer has some sort of relationship/good terms with this mechanic.
We did not discuss about fixing the check engine light. Mechanic & dealer discussed and said that they can repair the broken muffler for $50. I agreed. There was no paperwork done.
The Incident
While they were welding the muffler, due to the welding - possibly the welding fires went through the bottom metal frame of the car, the interior of the car caught fire and the car got burnt. It is almost unrepairable from interior. My guess is that the engine and the tyres are still fine.
The fire was significant and 911 had to be called and police report was also filed.
Current status
- I had 3rd party liability insurance so my insurance wont pay me anything.
- The mechanic + Dealer are offering me following
1) Give me another car (not good enough) at discounted price.
2) Give me cash which is at least $600 less than the current "good value" of the car. Or about $1000 less than what they sold me 2 months back.
What are my option? Should I go to court?