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lawsuit over faulty car repair?

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ocnjgirl

Junior Member
What is the name of your state? NJ

Hi everyone, and thanks in advance for any advice!

I had the water pump and timing belt replaced as part of routine maintenance on my 1998 Acura CL. It was done at a small local shop of which I was a regular, long-time customer. They started the job late and told me they rushed to get me out in time. The job required them disconnecting and reconnecting hoses and wires on the steering pump in order to get to the water pump. When I picked it up they told me it was making a noise but that it should go away within 200 miles. Well it did not. When the car is cold and I turn the wheel it makes a terribly loud whining noise. It subsides when the car is warm but when it sits for a couple hours it is embarrassingly loud. My brother and nephew, both mechanics, think the pump is shot. There is no way to prove the shop did it, it is possible it was going anyway and they exacerbated it, but they admitted they did not bleed the system, and so it is also likely that air got in the system from the work they did and ruined the pump. There was no noise ever before I picked it up that day.

At first they were being nice and trying little fixes (bleeding the system finally after 1000 miles had gone by, putting a screen in it, etc). They never properly diagnosed as they do not have the proper equipment to do this (usually only dealerships do). Now, 2 months later, they have stopped returning my calls.

I should add that because there is no way for anyone to know for certain that they caused it, I never asked them to pay for the entire repair, but to split it with me. I was always very nice and patient about all their small "fixes" as well. I had my car there half a dozen times in 4 weeks time.

I want to go to small claims court now since they have washed their hands of it, but have a few questions:

1. Should I pay myself to have the car diagnosed and fixed, and sue afterward (if so, should I ask for half or the whole thing?). I really don't want to wait too long to have it fixed as the pump could go totally before then and I commute 120 miles a day.

2.My brother and nephew, both mechanics, offered to diagnose it if I buy a pressure-testing tool, but if I take them up on it, will their diagnoses carry any weight because they are relatives? (Acura wants $90/hour)

3. If I get it fixed before court, should I videotape the car making the noise in order to prove it existed?

Anything I am missing or should know/do?

I apologize for the length and appreciate any help you can provide!
 


Zigner

Senior Member, Non-Attorney
After 10 years, the p/s pump may very well have "died" on it's own. I don't think you have much of a case.
 

ocnjgirl

Junior Member
Thanks. I thought about that, but it just seemed so coincidental that it would die right after they had the steering system apart. If I had known what the noise meant, I would not have driven it until they bled it, but I trusted they knew what they were talking about that the noise would go away. Thanks again.
 

HomeGuru

Senior Member
What is the name of your state? NJ

Hi everyone, and thanks in advance for any advice!

I had the water pump and timing belt replaced as part of routine maintenance on my 1998 Acura CL. It was done at a small local shop of which I was a regular, long-time customer. They started the job late and told me they rushed to get me out in time. The job required them disconnecting and reconnecting hoses and wires on the steering pump in order to get to the water pump. When I picked it up they told me it was making a noise but that it should go away within 200 miles. Well it did not. When the car is cold and I turn the wheel it makes a terribly loud whining noise. It subsides when the car is warm but when it sits for a couple hours it is embarrassingly loud. My brother and nephew, both mechanics, think the pump is shot. There is no way to prove the shop did it, it is possible it was going anyway and they exacerbated it, but they admitted they did not bleed the system, and so it is also likely that air got in the system from the work they did and ruined the pump. There was no noise ever before I picked it up that day.

At first they were being nice and trying little fixes (bleeding the system finally after 1000 miles had gone by, putting a screen in it, etc). They never properly diagnosed as they do not have the proper equipment to do this (usually only dealerships do). Now, 2 months later, they have stopped returning my calls.

I should add that because there is no way for anyone to know for certain that they caused it, I never asked them to pay for the entire repair, but to split it with me. I was always very nice and patient about all their small "fixes" as well. I had my car there half a dozen times in 4 weeks time.

I want to go to small claims court now since they have washed their hands of it, but have a few questions:

1. Should I pay myself to have the car diagnosed and fixed, and sue afterward (if so, should I ask for half or the whole thing?). I really don't want to wait too long to have it fixed as the pump could go totally before then and I commute 120 miles a day.

2.My brother and nephew, both mechanics, offered to diagnose it if I buy a pressure-testing tool, but if I take them up on it, will their diagnoses carry any weight because they are relatives? (Acura wants $90/hour)

3. If I get it fixed before court, should I videotape the car making the noise in order to prove it existed?

Anything I am missing or should know/do?

I apologize for the length and appreciate any help you can provide!

**A: your car is old and is breaking down. Now , they may be partially liable for something but it is really not worth pursuing.
 

Zigner

Senior Member, Non-Attorney
What does bleeding the p/s system entail? I ask that, because on every car I've dealt with, it was simply a matter of turning the steering wheel back and forth a few times. In fact, the problem you describe sounds much more like a loose belt.
 

BL

Senior Member
What does bleeding the p/s system entail? I ask that, because on every car I've dealt with, it was simply a matter of turning the steering wheel back and forth a few times. In fact, the problem you describe sounds much more like a loose belt.
Or they installed the wrong type belt , it happens .

Before spending un-necessary money , try some feedback here , even though you have family members that are mechanics ( why not have them take a peek ) .


http://www.batauto.com/Forums/

http://www.batauto.com/php/help.php

Getting Started

First, read the Disclaimer , then once you understand the rules, you are ready to use the rest of the site.
No registration is required to post in the forums.
Enter your name, e-mail and subject of post in the upper lines.
Then enter your message. Be sure to include, year, make, model and engine in your post if it is a repair related problem.
 

ocnjgirl

Junior Member
According to Acura, you put the car in the air and turn the wheel back and forth, like you said. They didn't do that though and told me the noise would go away as I drove it. Then I thought perhaps driving it with air in the system for hundreds of miles ruined the pump.

I would think they checked for loose belts? If it were a loose belt would the noise go away when the car warmed up?

I was going on the advice of my brother mainly, who kept saying any shop he's ever worked in would have done all they could to diagnose it, especially as they told me about the noise before I ever got in it. It is just upsetting to be dismissed and brushed aside by not returning my calls when I spent several thousand at their shop over the past couple years. I was never accusatory or nasty. What did I know except that I dropped my car off in the morning with no noise, and picked it up with a noise? All I wanted was to know what was wrong with my car and to have it back the way it was. I will let it go, though.
 

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