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Auto Repair - Shop used wrong part

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What is the name of your state (only U.S. law)? California

The situation is this:

In January 2015, I took my 2003 German designed auto in to a repair shop. While it was in the shop, the mechanic told me the axle CV boot was leaking. The front half axle needed to be replaced. They replaced it with an aftermarket part. I paid around $350-400 for parts and labor. They had done other minor work for me with no problem.

10 months later (end of October 2015), the replaced axle fell out. I towed it back to that shop. Fortunately, I was coming to a stop at a left turn lane so there was no damage to the car and no harm to me. Since it was under warranty, it was replaced at no cost to me. I told them in October, my car should not be using after market axles, but OEM parts. The specs on after market axles for my car tend to be short and fall out of place, causing the very problem I experienced.

Fast forward to April, 2016. There was a recall on my auto, and I took it to the dealer to be fixed. While there, the dealer mechanics alerted me to the fact that this 2nd replaced axle was another after market part, and was on the verge of falling off the wheel again. I had them replaced the axle with an OEM part. This cost me double what the other shop charged me. Plus irritation, but I can get over that.

I plan to contact the first shop and ask to be made whole.

My question is this:

Should I only ask the first shop for reimbursement of what I paid the first shop? Or should I request the amount I paid the dealer, as it was the first shop's error not once but twice to use parts that were not safe for my car?

If need be I will take this to small claims for reimbursement. Jus need another opinion of what I should claim my damages are before commencing with my communication.

Thanks!
 


justalayman

Senior Member
If owed anything it would be only the cost of the original repair.

How can you prove there was anything wrong with the axle?
 

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