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mechanic at the dealer would cause damage during an inspection to enhance their inco

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dmgstang

Junior Member
Re: Mechanic caused damage to car to be able to repair it.

I ran over a ladder on the freeway, and it damaged the A/C condenser and radiator. My Friend who is a mechanic replaced the damaged A/C condenser and radiator with new replacement units.

I took my new 2010 Altima to Metro Nissan in Montclair, CA since it was under warranty and told them that the A/C stopped working, knowing that they would recharge it or give me a cost how much it would cost to recharge the system.

I had no idea that the mechanic at the dealer would cause damage during an inspection to enhance their income by "discovering" new car repair needs, that were in not way necessary.

This is what exactly happened. I got a call later in the day after dropping off my new 2010 Altima at their service department. I was told that the mechanic had found the reason why the A/C was not working. I was told that the A/C condenser was damaged, and I could come back and see for myself.

I returned with my Friend with me who had repair my car. The service guy took us back into the shop were be were meet by the mechanic, who proceeded to show us damaged to the (new replacement unit) A/C condenser. He said that the reservoir was bent back and showed us damaged to the A/C condenser. We were told that here insurance could handle it and an adjuster would come out to inspect the car.

It was obvious to us that he had inflicted damaged to my car and now was trying defraud me and my insurance company.

We asked them to get the car ready for us so that we could take the car. They seemed surprised that we were going to leave with the car and not have it repair there.

I have the evidence that new replacement parts were installed on my car before taking it to Metro Nissan to have them look at the A/C system.

What type of case do I have as a single women against Metro Nissan?
Montclair, California
 
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Kiawah

Senior Member
Your 'friend' could have easily damaged the part when installing it, by incorrectly tightening the fittings.
 

RRevak

Senior Member
And how do you know that the "friend" who installed it in the first place wasn't the one who damaged it and is now attempting to peg it on another mechanic?
 

Zigner

Senior Member, Non-Attorney
Some mechanics will even cause damage during an inspection to enhance their income by "discovering" new car repair needs.

mechanic caused damage to car to be able to repair it.

I ran over a ladder on the freeway, and it damaged the A/C condenser and radiator. My Friend who is a mechanic replaced the damaged A/C condenser and radiator with new replacement units.

I took my new 2010 Altima to Metro Nissan in Montclair, CA since it was under warranty and told them that the A/C stopped working, knowing that they would recharge it or give me a cost how much it would cost to recharge the system.

I had no idea that the mechanic at the dealer would cause damage during an inspection to enhance their income by "discovering" new car repair needs, that were in not way necessary.

This is what exactly happened. I got a call later in the day after dropping off my new 2010 Altima at their service department. I was told that the mechanic had found the reason why the A/C was not working. I was told that the A/C condenser was damaged, and I could come back and see for myself.

I returned with my Friend with me who had repair my car. The service guy took us back into the shop were be were meet by the mechanic, who proceeded to show us damaged to the (new replacement unit) A/C condenser. He said that the reservoir was bent back and showed us damaged to the A/C condenser. We were told that here insurance could handle it and an adjuster would come out to inspect the car.

It was obvious to us that he had inflicted damaged to my car and now was trying defraud me and my insurance company.

We asked them to get the car ready for us so that we could take the car. They seemed surprised that we were going to leave with the car and not have it repair there.

I have the evidence that new replacement parts were installed on my car before taking it to Metro Nissan to have them look at the A/C system.

What type of case do I have as a single women against Metro Nissan?
Montclair, California
So, you want to have some sort of court case against the dealer? Really?

Your testimony will be that your a/c was damaged on the road, so you had a buddy replace the parts and then attempted to defraud the dealer...

You lose
 

Mass_Shyster

Senior Member
You can sue the dealership and bring in your friend to testify that there was no damage when you dropped off the car and there was damage after you picked it up.

When your friend is cross-examined it will probably come out that he had replaced the parts and couldn't get the system working properly, so you tried to submit a fraudulent warranty claim stating that it 'stopped working'.

At that point, under the clean hands doctrine, the judge should dismiss the case with prejudice.
 

justalayman

Senior Member
It was obvious to us that he had inflicted damaged to my car and now was trying defraud me and my insurance company.
a
and is that any worse than your attempt at defrauding the manufacturer?


What type of case do I have as a single women against Metro Nissan?
If you can prove your claim, you case against them would be about equal to Nissan's against you.

I suspect there was more damage that you realized and your friend simply failed to repair all of the damage before trying to cheat the dealer, I mean get your car recharged. Good luck trying to prove it as anything else.
 

dmgstang

Junior Member
Your 'friend' could have easily damaged the part when installing it, by incorrectly tightening the fittings.
It was not the fittings at issue, besides, by Friend has been employed as a heavy collision repair technician and mechanic. He replaced the radiator support panel, dual fan assembly, radiator, and A/C condenser unit, which were all damaged from the collision with a ladder on the freeway. He took pictures of the damaged parts removed from my car and also has the pictures of the new replacement parts on the car. I took my 2010 Altima into the service department because my A/C system was not working, I have been told be my Friend that the collision with the ladder, that had damaged the A/C condenser, had released the refrigerant that was in the system, that is why the A/C was not working.
While my Altima was in the possession of Metro Nissan in Montclair, CA., the mechanic inflicted (caused) damaged to my car so to be able to say, that was why the A/C system was not working.
We have pictures of before and after of taking the car to the dealer.
 

cyjeff

Senior Member
It was not the fittings at issue, besides, by Friend has been employed as a heavy collision repair technician and mechanic. He replaced the radiator support panel, dual fan assembly, radiator, and A/C condenser unit, which were all damaged from the collision with a ladder on the freeway. He took pictures of the damaged parts removed from my car and also has the pictures of the new replacement parts on the car. I took my 2010 Altima into the service department because my A/C system was not working, I have been told be my Friend that the collision with the ladder, that had damaged the A/C condenser, had released the refrigerant that was in the system, that is why the A/C was not working.
While my Altima was in the possession of Metro Nissan in Montclair, CA., the mechanic inflicted (caused) damaged to my car so to be able to say, that was why the A/C system was not working.
We have pictures of before and after of taking the car to the dealer.
The problem is that isn't what you told Metro Nissan.

You figured you would get them to fill the refrigerant for free by lying. This is called fraud.

Therefore, you committed fraud. In the midst of your fraud, the mechanic allegedly committed another fraud.... allegedly because we all really don't know, do we?

Now, you want to get the mechanic in trouble without any trouble splashing back upon you. I don't think you will be able to do that.
 

dmgstang

Junior Member
And how do you know that the "friend" who installed it in the first place wasn't the one who damaged it and is now attempting to peg it on another mechanic?


My Friend has been employed as a heavy collision repair technician and mechanic, he knows how to work on cars.
We have pictures of before and after of taking the car to the dealer.
The pictures of the new replacement A/C condenser clearly show a new unit with no damage. The pictures of the A/C condenser clearly show damage that occurred while the possession of Metro Nissan in Montclair, CA
The mechanic that proceeded to explain the damaged to us, said said that the reservoir was bent back and showed us damaged to the A/C condenser, and said that it had leaked out the refrigerant because of the green dye.
There was nothing wrong with the reservoir, and he had bowed back the condenser and damaged the fins in the area behind were the bumper cover was still damaged and had green dye on it from the collision with the ladder.
He did not know that the A/C condenser and the other parts had been replaced and dishonestly created an opportunity for himself for a repair job at my and the insurance company's expense.
 

dmgstang

Junior Member
You can sue the dealership and bring in your friend to testify that there was no damage when you dropped off the car and there was damage after you picked it up.

When your friend is cross-examined it will probably come out that he had replaced the parts and couldn't get the system working properly, so you tried to submit a fraudulent warranty claim stating that it 'stopped working'.

At that point, under the clean hands doctrine, the judge should dismiss the case with prejudice.
I took my new 2010 Altima to Metro Nissan in Montclair, CA since it was under warranty and told them that the A/C stopped working, knowing that they would recharge it or give me a cost how much it would cost to recharge the system. There was no fraud on my part, since I expected that they would call me back and give me a quote for repair.
 

dmgstang

Junior Member
The problem is that isn't what you told Metro Nissan.

You figured you would get them to fill the refrigerant for free by lying. This is called fraud.

Therefore, you committed fraud. In the midst of your fraud, the mechanic allegedly committed another fraud.... allegedly because we all really don't know, do we?

Now, you want to get the mechanic in trouble without any trouble splashing back upon you. I don't think you will be able to do that.
I took my new 2010 Altima to Metro Nissan in Montclair, CA since it was under warranty and told them that the A/C stopped working, knowing that they would recharge it or give me a cost how much it would cost to recharge the system. There was no fraud on my part, since I expected that they would call me back and give me a quote for repair.
 

dmgstang

Junior Member
So, you want to have some sort of court case against the dealer? Really?

Your testimony will be that your a/c was damaged on the road, so you had a buddy replace the parts and then attempted to defraud the dealer...

You lose
I took my new 2010 Altima to Metro Nissan in Montclair, CA since it was under warranty and told them that the A/C stopped working, knowing that they would recharge it or give me a cost how much it would cost to recharge the system. There was no fraud on my part, since I expected that they would call me back and give me a quote for repair.
 

cyjeff

Senior Member
I took my new 2010 Altima to Metro Nissan in Montclair, CA since it was under warranty and told them that the A/C stopped working, knowing that they would recharge it or give me a cost how much it would cost to recharge the system. There was no fraud on my part, since I expected that they would call me back and give me a quote for repair.
I missed the part of your post where you told the dealership that the reason that your AC wasn't working was because you ran over a ladder.

Where was that part?
 

dmgstang

Junior Member
You can sue the dealership and bring in your friend to testify that there was no damage when you dropped off the car and there was damage after you picked it up.

When your friend is cross-examined it will probably come out that he had replaced the parts and couldn't get the system working properly, so you tried to submit a fraudulent warranty claim stating that it 'stopped working'.

At that point, under the clean hands doctrine, the judge should dismiss the case with prejudice.
I did not submit a warranty claim. I took my new 2010 Altima to Metro Nissan in Montclair, CA since it was under warranty with them and they have done all the servicing.


I did say that the A/C had stopped working and could they look at it.

I am not an expert on a/c systems, but I know that they would recharge it or give me a cost how much it would cost to recharge the system. Were is the fraud on my part? I did expected that they would call me back and give me a quote for repair.
 

cyjeff

Senior Member
I did not submit a warranty claim. I took my new 2010 Altima to Metro Nissan in Montclair, CA since it was under warranty with them and they have done all the servicing.


I did say that the A/C had stopped working and could they look at it.

I am not an expert on a/c systems, but I know that they would recharge it or give me a cost how much it would cost to recharge the system. Were is the fraud on my part? I did expected that they would call me back and give me a quote for repair.
Did you say "I ran over a ladder and need you to look at my AC" or "I just bought this car and the AC stopped working. Can you take a look?"

I am not an expert on AC systems either.... but I completely understand that running over a ladder changes the game.

If you KNEW the damage wasn't covered by the warranty (as your actions getting your friend to repair the damage shows), why would you think that recharging the system WAS...

Yeah, yeah... I know. You asked them to look it over and, if necessary, charge you. What you DIDN'T say is "I need you to recharge my AC system because I ran over a ladder".

Strange... the coolant is probably 10% of the cost of the other parts you bought... why wouldn't you just recharge the AC along with the rest?
 

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