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Do I have a strong enough case to sue my mechanic for negligence?

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tamerxy

Junior Member
What is the name of your state (only U.S. law)? New Mexico

I brought my car to a mechanic with a blown head gasket and possible other problems. Even with all the problems the car drove, it was just overheating easily. When I brought the car in I informed the mechanic I wanted everything checked and fixed (a complete overhaul) as I was moving across country and needed to drive the car to the east coast. I mentioned that I was willing to pay to have a new engine put in, if that was what it would take. After looking at it, he told me only the head gasket needed repair but he'd also replace a number of other small pieces. When I picked it up a few days later he told me the car was "running perfectly". I paid him $1000. On the drive home my check oil light came on. We called the shop immediately and they told us to bring the car back. By the time we'd arrived at the shop again the oil light had gone off, and he told us it was probably just a problem with the sensor. He did not open the hood or do anything to the car at this time. Over the weekend, while driving to test the car for any problems, the oil light came on again. We called and told him again and he again told us to bring the car back first thing Monday morning. This time he ran a pressure test on the oil for about a half hour. He said he saw no pressure problems but he changed the sensor and charged us $80 for the sensor.

I left to drive towards the north east, and within half an hour the oil light had come on again. I called him and was told that "there was probably something wrong with the wiring". This bothered me as I'd just paid him to have the sensor fixed but I chose to trust him and continued driving. 200 miles from home my engine failed completely and I found myself stranded on the highway in the middle of nowhere. I called the mechanic to inform him of this and he said if we brought it back to him he would fix it. He however said he could not pay to have it shipped to the shop. I ended up getting towed to the nearest town, having to book a hotel room (I'd intended to stay with relatives for the trip but was in the middle of nowhere at this point), buy a last minute plane ticket out east, and paid to have the car (now completely nonfunctional) shipped out east. My total cost at this point, including repairs, is over $3,000. And my car does not drive.

I've had a mechanic here look at it and have been informed that it was an oil pressure problem. The mechanic in New Mexico claims there was nothing more that could have been done. A third mechanic (who has not seen the car) has told me that the pressure test should have been run longer than a half hour and the oil pan should have been changed. I know very little about cars or the law in this situation. Was he negligent? Does he owe me anything?
 


tamerxy

Junior Member
The vehicle is a 93', the blue book value is less than what I have paid, however, due to the specific details of the car, with a new engine (costing about $2000), it should run perfectly for another 200,000 miles. There are very few cars that can do that. I would rather pay 2000 for a new engine than buy a new car, however, I don't have $2000 after everything that has occurred.

It was worthwhile to pay to have it shipped because it had the majority of my personal possessions inside of it.
 
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OHRoadwarrior

Senior Member
There is no mechanical diagnosis to fix a problem not exhibiting at the time the engine is examined. He cannot repair something not obviously broken. The cost for you to have the entire engine torn down and examined forensically is much more than the money you are out. Further, you made the choice to drive the car 200 miles with poor oil pressure. Except for the pressure issue, the engine was fine until you did that. So basically, you could easily spend $10k to determine low oil pressure caused the engine to blow, receive no definitive answer as to what happened to the pump, when it went bad or if the problem was related to rings and heat expansion instead. You can then have a judge politely explain it was your fault for driving it until you blew the engine. If you wanted a new engine, you should have told him put a new engine in it. You did not. Now you will be telling someone that.
 

Antigone*

Senior Member
The vehicle is a 93', the blue book value is less than what I have paid, however, due to the specific details of the car, with a new engine (costing about $2000), it should run perfectly for another 200,000 miles. There are very few cars that can do that. I would rather pay 2000 for a new engine than buy a new car, however, I don't have $2000 after everything that has occurred.

It was worthwhile to pay to have it shipped because it had the majority of my personal possessions inside of it.
Your vehicle is most likely not the $2,000. I don't see that you have a claim against the mechanic since you knew the light had come on a couple of times and still decided to drive it.
 

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