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Crooked mechanic

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S

Saint Stephen

Guest
What is the name of your state? New York

I took my car to a local mechanic because my ABS light was on and my cruise control wasn't working. He charged me $443.82 and returned the car the next day. The light wasn't coming on anymore, but when I tested the cruise control and the ABS, neither worked. I took the car back, and the mechanic had it for 8 more days before I demanded its return with no more excuses. He said he'd fixed the ABS but not the cruise control.

After testing it again, I found that the ABS still didn't work. Like a scene from Monty Python's "Parrot Shop" sketch, the mechanic and the shop's manager refused to admit that the ABS didn't work, citing the fact that the light didn't come on.

I took the car to another mechanic, who discovered that the first guy had merely removed the ABS warning light and socket. Also, the first guy had damaged a bracket on the bottom of the car by misplacing a hoist (which caused a very loud rattling noise). The cost of diagnosing and repairing the damage done by the first mechanic was $244.23.

When I showed the invoice to the manager of the first shop, he finally said he would repay the $443.82, but he denies any responsibility for the $244.23 worth of damages caused by his mechanic, insisting I would have had to repair the car anyway. (He refuses to listen when I tell him that the $244.23 doesn't include the charges to repair the original problem--which, incidentally, only cost me $90.85.)

I'm certain that I'm not the only person that this shop has ripped off. I'm nearly positive that they sabotaged the power steering system of my girlfriend's car when she was having an alternator replaced.

I'm planning on filing suit in small claims court for my full losses of $688.05 (since, despite his promises to repay me, he has made no attempt to do so and doesn't return my calls).

My question is this: Can I file for punitive damages? How about lost wages for the time I have to take off from work to go to court?

I've seen several posts on this site that say that small claims court usually won't award punitive damages. The police told me that they wouldn't file criminal charges because he could just deny he'd done it (which made me wonder...isn't that the USUAL defense of everyone who's charged with a crime?).

Does this mean that he can feel free to rip off every person who chances through his door, with the only repercussion being simply having to repay his ill-gotten gains in the event he gets caught? This was no mistake; this was intentional fraud!

Any advice is appreciated.
 
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I AM ALWAYS LIABLE

Senior Member
Saint Stephen said:


My question is this: Can I file for punitive damages? How about lost wages for the time I have to take off from work to go to court?

==================================


My response:


Dear Saint Stephen:

No. Punitive damages are not allowed in contract matters. You cannot collect for lost time from work. This is your claim, and if you want to do anything about it, then it's up to you to decide whether you should do so at the expense of your paycheck. Also, your contract does not specify "consequential damages", and lost time from work is "consequential."

You are, however, entitled to your court costs if you win.

Jesus Christ
 
S

Saint Stephen

Guest
Thank you for your response, though obviously not what I'd hoped to hear.

So this means that a mechanic has no disincentive, financial or otherwise, to fleecing their customers? There's no provision in the law for punishment of these leeches?
 

I AM ALWAYS LIABLE

Senior Member
Saint Stephen said:


So this means that a mechanic has no disincentive, financial or otherwise, to fleecing their customers? There's no provision in the law for punishment of these leeches?

My response:

No. Like California, New York has a Bureau of Consumer Affairs. That office licenses mechanics. This is the office that mechanics fear the most. Their licenses to do business can, and will, get yanked - - or, at the very least, heavily fined.

So, between reporting them to the Bureau, and suing, there's plenty of "disincentives" for a dishonest mechanic.

Call State Capitol offices in Albany, and they'll direct you to the proper office and phone number.

Good luck.

IAAL
 
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I AM ALWAYS LIABLE

Senior Member
Top 10 Ways to Tell Whether Your Mechanic Did a Crappy Job - -

NUMBER 10: You're often passed by guys on riding mowers.

NUMBER 9: You can't fully depress gas pedal because of all the Big Mac wrappers and soda cans.

NUMBER 8: Every time you get up around 120, a New York State Trooper pulls you over. You thought car could go 150.

NUMBER 7: Mechanic tells you it won't survive another car wash.

NUMBER 6: Getting your car to start involves the fire department and a catapult.

NUMBER 5: How fast can a car go when it's got 23 clowns in it?

NUMBER 4: Every time you fill gas tank, car doubles in value.

NUMBER 3: It's hard to gain speed with all those kids waving you down to buy ice cream.

NUMBER 2: Your car can go 800 mph, but those b a s t a r d s from the Guinness Book won't talk to you because you're Jewish.

AND, the NUMBER ONE Way to Tell Whether Your Mechanic Did a Crappy Job - -

It goes from 0 to 60 in 9 days!
 

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