Do i have grounds to file against an auto shop and win?

[oksana_harris]

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

I started going to this one shop couple months ago. First job they did for me was front breaks. At pick up they have mentioned I also needed back breaks and new shocks. I needed to save up plus I was going away on a vc for a month so I decided to take care of these things after I came back.

Couple months later after I came back I noticed my car started having really hard time driving. The steering wheel shacked and when the car was switching gears (it is automatic) it felt like it was gonna just die. I straight away thought it felt like transmission but im not a mechanic and I did not want to jump to conclusions. So I immediately took the car to the same shop. My boyfriend dropped the car off and told them there is an issues while driving and needs to be checked out. They said that after the scan they saw there were all 6 misfired plugs or something like that and we just need a MASSIVE TUNE UP (as well as back breaks and new shocks). They quoted me $1300.00. I use my car a lot for my business so they also recommended me to get heavy duty shocks to support the weight of everything I carry. It sounded reasonable and I just wanted my car fixed to get back to work asap so I gave them a green light( they did a lot of work for my boyfriends car so I figured I could trust them).

After we came to pick the car up. I gave money to my boyfriend to go pay and get the keys. He came out and I asked him if they said anything ells if there is any other work needed and how it went. He said no, they didn't say anything. I got into my car and pulled off. After driving a block you could tell right away a same problem still existed. I thought I would give it a day that maybe it just needed to run a little to get back to normal.

Two days later it got worse. My rpm arrow stopped working, the shaking got worse and now going up hill was that much harder. I was gonna take it back but for some reason I thought I would get another opinion and go to another shop. So someone recommended me another shop and I went right away.
At arrival I told them exactly what I felt and what the other shop told me and the work they did for me. They took a car for the drive and 10 min later they told me that most likely it is a transmission they will have to keep it over night to confirm it as it was almost closing time BUT if that was not bad enough he went on and started telling me there is other work that needed to be done wayyyy before any shocks were put in or any tune up needed to be done. Here are the things I needed to get replaced asap!
Rear disk break rotors
Rotor front disk rotors
Lower ball joint
Both front drive axles
RF upper control with ball joint
LF axle seal.
All this not including transmission work! Just to make it drivable! He also explained to me it was SO bad that my wheels were bout to cave in and all I could think bout was driving on a highway with my 2 year old son in the back (which I do a lot). I broke down crying! I could not believe it! The guy kept saying he could not believe they let my car go in this shape! without even mentioning anything!
I needed to replace all these parts asap for work plus new tires and alignment just to make it drivable. He mentioned if I was carful I would probably have another couple months before the transmission gonna completely blow. I decided not to go to the old shop (I did not trust them to do any other work for me) and gave a green light to go head and replace all these things and than in couple months I will decide if it will be worth replacing the transmission. If the old shop I went to would of done their job and told me I need ALL THIS WORK plus transmission and shocks I would have NEVER PUT THAT MUCH MONEY INTO THAT CAR. Oh by the way its 2004 Hyundai xg350 with 103K on it (worth $2,500.00). I was both pissed and shocked and shaking.
After fixing everything but the transmission I called the original shop I went to and I have told them everything that happened. I told them that they were negligent and miss formative. They have taken me for the money put mine and my sons life at risk. I told them I would like my money back or I will take them to court. They went on giving me the bull**** because I am a woman. I may not be a mechanic but I am not stupid. Even if they made a mistake diagnosing the main problem, I have been there for front back breaks and shocks and there is NO WAY they could not have seen these issues or felt the problem if they took it for a drive after doing the work. they just let me drive it as is. Endangering me. Of course the mechanic told the boss that my boyfriend came in and told them that the car needed Tune up. WHICH WAS A LIE. so now. im stuck with a car that I already put in $3000.00 and still need to put in another $2000 or $3000 in to make it drivable. If they told me I needed transmission and all this work I would of kept that money and put it down for another car!

Now please please advise me. Do I have a solid case to take them to court?
After doing the work I really needed and picking up the car. It felt 10 times better. The next day I called the original shop and the only thing they said was sorry. I do have all the receipts and I can get a testimony from my current shop that I need a transmission. What should I do?

 

[Zigner]

What evidence do you have that your car did not need a tune-up?

I don't see anywhere that the work done be the original shop was faulty or not needed.

 

[oksana_harris]

What evidence do you have that your car did not need a tune-up?

I don't see anywhere that the work done be the original shop was faulty or not needed.

well when dropping off the car we said there was an issue driving when it shifts. even with the tune up. that was not fixed and was making same noises after the tune up was done. would that not be misleading? plus with everything ells that needed to be replaced should they have not told me that I have other things that were much importance to do to not be risking my life driving in a death trap? would that not be a part of professional standards?

 

[Zigner]

well when dropping off the car we said there was an issue driving when it shifts. even with the tune up. that was not fixed and was making same noises after the tune up was done. would that not be misleading? plus with everything ells that needed to be replaced should they have not told me that I have other things that were much importance to do to not be risking my life driving in a death trap? would that not be a part of professional standards?

Again, you have no evidence that the work they didn't wasn't needed. In fact, I suspect it was.

 

[oksana_harris]

Again, you have no evidence that the work they didn't wasn't needed. In fact, I suspect it was.

I still don't understand how going in saying there is this type of issue. And after picking up the car still having the same issues that clearly WAS THERE. does not hld them responsible. I did not walk in there and said hey I need a tune up. To me its like you are going to the doctor and saying hey I have these headaches and the doctor telling you oh well just take some Tylenol and drink water you will be ok. But after having same issues going to another doctor and him finding out it was a Tumor. How can you not hold that doctor responsible for misdiagnosing?? I think the evidence is THE CAR. If the issue I came in with is still there and now I have confirmed that it is a transmission that should be enough no?. They did not do the job. Who starts a job with shocks and tune up WHEN YOU HAVE A WHEEL COMING OFF AND A BAD TRANSMISSION.

 

[Zigner]

I still don't understand how going in saying there is this type of issue. And after picking up the car still having the same issues that clearly WAS THERE. does not hld them responsible. I did not walk in there and said hey I need a tune up. To me its like you are going to the doctor and saying hey I have these headaches and the doctor telling you oh well just take some Tylenol and drink water you will be ok. But after having same issues going to another doctor and him finding out it was a Tumor. How can you not hold that doctor responsible for misdiagnosing?? I think the evidence is THE CAR. If the issue I came in with is still there and now I have confirmed that it is a transmission that should be enough no?. They did not do the job. Who starts a job with shocks and tune up WHEN YOU HAVE A WHEEL COMING OFF AND A BAD TRANSMISSION.

Using your example, did the first doctor CAUSE the tumor?

Look, you have an old Hyundai. It is bound to have multiple issues. Had the first shop NOT done the work they did, then you would still need to do it now.

 

[oksana_harris]

Using your example, did the first doctor CAUSE the tumor?

Look, you have an old Hyundai. It is bound to have multiple issues. Had the first shop NOT done the work they did, then you would still need to do it now.

No if they did their job and identified the problem I would of never did any work at all. but thank you for your advise. I just don't think what they did was right at all. guess I will just have to take the hit and move on.