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Car burnt at garage during repair

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vinamras

Junior Member
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?
 


OHRoadwarrior

Senior Member
I would say you definitely have a case against the mechanic. You need to establish the fair market value of your vehicle. That is what you are looking to receive. The car probably needed $200 in repairs at minimum. $50 for the muffler and $150 for diagnostic and repair of the engine light. The $150 could have been as low as $0, if it was an EGR code from the gas cap not sealing to $500 or $600 for a somewhat major malfunction.
 

ecmst12

Senior Member
If you sue, you could win the value of the car with a bad muffler and an unresolved check engine light.
 

You Are Guilty

Senior Member
One more thing to consider - depending on the precise "relationship/good terms" are between the dealer and the mechanic, the dealer may have zero liability at all. That is, if the mechanic is a completely independent business (not owned by the dealer), then the dealer is not responsible for the mechanic's actions.

But if I had to guess, it sounds like you won't get what you are looking for without a lawsuit.

Good luck.
 

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