Was my mechanic negligent and should he have to pay for my car's damage under his car

[kjjnesb]

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

Having my engine replaced in my BMW due to what we assumed was a broken rod. So I paid to have my car towed to a mechanic to have new in engine put in due to it being undrivable. The mechanic then attempted to start the vehicle in an attempt to move it while on his lot and he blew a hole in the hood because it seems a fan of some sort exploded and it turns out that was actually the original problem not the busted rod.

We had previously gone through great lengths to not start the vehicle out of fear of perhaps causing further damage to the rest of the vehicle and paid to have it towed as we assumed the engine was toast anyway. He isn't claiming responsibility and is saying he can repair the hood but only if we pay for it.

 

[justalayman]

who assumed it was a broken rod?

what was the specific work asked of the mechanic; replace the engine or to diagnose the car and repair as necessary?

 

[kjjnesb]

who assumed it was a broken rod?

what was the specific work asked of the mechanic; replace the engine or to diagnose the car and repair as necessary?

It was ours and a mechanic friends assumption that the rod was broken due to the noise the engine made the current mechanic himself admitted he how we could mistake the noise.

Either way we were done throwing money into that engine and had purchased a new engine that was already in the mechanics possession before the car. His task was to simply put in the new engine we had delivered to him and the only reason he attempted to start the car was to move it across his lot.

 

[justalayman]

was the mechanic aware of any issues with the engine, specifically, or was it simply a:

here is an engine; put it in the car

kind of thing?



If it was; here is an engine, put it in the car kind of thing with no explanation given to the mechanic or no directive to not attempt to start the car, then I would say it is on you.

 

[kjjnesb]

was the mechanic aware of any issues with the engine, specifically, or was it simply a:

here is an engine; put it in the car

kind of thing?



If it was; here is an engine, put it in the car kind of thing with no explanation given to the mechanic or no directive to not attempt to start the car, then I would say it is on you.

He was aware that we believed the rod to be broken and that the car was most certainly undrivable yes. We also explained to him our fear at attempting to crank or start the vehicle when we were discussing the towing he would provide. But yes we did correspond before hand but if I have to pay for the hood replacement I'll chalk it up to life lol

 

[OHRoadwarrior]

Unless you gave specific instructions to not start and drive the car, it is the breakdown of your car that caused the damage, not negligence of the mechanic. If on the other hand, it had misfired, due an engine problem, built up gasoline, fired on the concentration of excess gas and blown off a valve cover, hitting the hood, it would be the mechanics fault.

 

[justalayman]

He was aware that we believed the rod to be broken and that the car was most certainly undrivable yes. We also explained to him our fear at attempting to crank or start the vehicle when we were discussing the towing he would provide. But yes we did correspond before hand but if I have to pay for the hood replacement I'll chalk it up to life lol

based on that, I would say it's on the mechanic. Only a fool would attempt to start up an engine if it is believed there is a broken rod and the car was towed in to replace the engine. The only way I could see it not being his liability would be if he was supposed to inspect and diagnose the car prior to any repair.

 

[OHRoadwarrior]

based on that, I would say it's on the mechanic. Only a fool would attempt to start up an engine if it is believed there is a broken rod and the car was towed in to replace the engine. The only way I could see it not being his liability would be if he was supposed to inspect and diagnose the car prior to any repair.

I have driven plenty of cars with blown engines, back in the day. The worst outcome, aside from a complete lock up, is putting a piston through the side of the block.

 

[justalayman]

I have driven plenty of cars with blown engines, back in the day. The worst outcome, aside from a complete lock up, is putting a piston through the side of the block.

it can damage other things as well. it was negligent on the mechanic's part to attempt to start the engine give what the OP posted.

 

[OHRoadwarrior]

it can damage other things as well. it was negligent on the mechanic's part to attempt to start the engine give what the OP posted.

I disagree. I have been working on cars for over 40 years.

 

[justalayman]

I disagree. I have been working on cars for over 40 years.

I got ya beat on that too.


Here is a real simple situation that can, and has, happened:

rod broke. poked a hole in the oil pan or side of the block. Oil blew onto the exhaust headers and caught fire. How quickly it gets put out is the only thing limiting the damages.

 

[OHRoadwarrior]

I have driven engines that had so much oil leaking past the rings, it burned in the exhaust. Does not change my answer for moving a cold engine across the parking lot.

 

[justalayman]

I have driven engines that had so much oil leaking past the rings, it burned in the exhaust. Does not change my answer for moving a cold engine across the parking lot.

In the exhaust. How does that address the situation I described.


as to a cold engine; how about you go out and start up a car. Put your hand on the ex manifold. Keep it there for awhile, oh, maybe 5 or 10 minutes; about the time it would take to move a car around a lot and pull it into a garage. Let me know how that works out for you.

 

[OHRoadwarrior]

In the exhaust. How does that address the situation I described.


as to a cold engine; how about you go out and start up a car. Put your hand on the ex manifold. Keep it there for awhile, oh, maybe 5 or 10 minutes; about the time it would take to move a car around a lot and pull it into a garage. Let me know how that works out for you.

It takes you 5 minutes to drive across a parking lot? I could be over a mile down the road. contrary to your hot manifold story, flames actually ignite the oil in the exhaust immediately. You just got me thinking about the old spark plug in the muffler setup. Remember that? You could ignite unburned fuel and shoot flames out your tailpipes.

 

[justalayman]

It takes you 5 minutes to drive across a parking lot? I could be over a mile down the road. contrary to your hot manifold story, flames actually ignite the oil in the exhaust immediately. You just got me thinking about the old spark plug in the muffler setup. Remember that? You could ignite unburned fuel and shoot flames out your tailpipes.

Flame throwers? absolutely. Also realize that the flames were directed out the back of the vehicle where there is nothing flammable (except maybe the person or car behind you). You should also realize that a poorly designed flame thrower has been the cause of more than one really exciting, then depressing day for the owner of a car so equipped as it did result in the car being burned to a crisp.

and again, flames IN the manifold are not a problem. They are contained and are extinguished before the reach the atmosphere.

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