• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

auto repair from hell

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

mtpattonar

Junior Member
What is the name of your state (only U.S. law)? Arkansas
Car repair from hell: I needed a new engine and was promised it in two weeks. It took 6 weeks and $1700. At one point during this time, he called one afternoon to say my vehicle was ready, but called again next mid-morning to say there was a problem with the repair that had to be fixed. When I finally picked up my vehicle, the repair failed one day later. Simultaneously with the failed repair, my electrical system failed, including the battery, alternator, and several fuses. My electrical system was having no issues prior to the original engine failure. Coincidence? Maybe, but I spoke to an engine mechanic at another garage and he said that was highly suspicious. Also, I had no idea at the time, but I found out later the garage I chose outsources their engine repairs to another garage, and did so without informing me. And I did not know until I picked up my car the first time and received the invoice that he had actually installed a "used" engine. He had never said to me that I would be receiving a used engine. If he had, I would not have okayed the repair. My questions: how many opportunities (he's had two already), and how much time, must I give this jerk to correctly repair my vehicle before pursuing legal action? And what are my legal options? If I sue, can I claim the electrical repairs, and how can I prove they were caused by the faulty engine repairs? Is it legal and or ethical to outsource a repair of this nature without informing the customer? Is it legal and or ethical to install a used engine without informing the customer? Would a complaint to my state Attorney General be of any use? My state is Arkansas
 


justalayman

Senior Member
: how many opportunities (he's had two already), and how much time, must I give this jerk to correctly repair my vehicle before pursuing legal action?
do you have a warranty?

If I sue, can I claim the electrical repairs, and how can I prove they were caused by the faulty engine repairs?
if you can prove they were a result of the mechanics work, yes, you could claim those damages. How you prove it: well, that is the big question. Coincidence isn't going to do it though.


Is it legal and or ethical to outsource a repair of this nature without informing the customer?
yes to both.

Is it legal and or ethical to install a used engine without informing the customer?
what did your contract/work order/ whatever agreement you had with the mechanic include for work to be done?
 

mtpattonar

Junior Member
Response to Justalayman

I do have a warranty. But even with the warranty, how many opportunities does he get to make good on the repair, and how long? He's already had 6 weeks and 2 tries.

If a garage claims to do their own work, is it still legal to outsource?

I had no contract or work order, only a verbal agreement to replace the engine. The word "used" was never mentioned. If it was, I would not have agreed to the repair. He might not have said "new" either, saying only, perhaps, "your engine needs to be replaced", but I think it is reasonable to assume a replacement part will be new unless stated otherwise.
 
Last edited:

justalayman

Senior Member
mtpattonar;2786833]I do have a warranty. But even with the warranty, how many opportunities does he get to make good on the repair, and how long? He's already had 6 weeks and 2 tries.
so, what happens if you take it elsewhere and the warranty is void now? You should try to work within the warranty as much as possible before going elsewhere.

If a garage claims to do their own work, is it still legal to outsource?
it's called subcontracting and it happens all the time. I don't know any garage that has all the equipment in house to do all the engine work that may be needed. At some point, even the best tooled shops send out some work.

I had no contract or work order, only a verbal agreement to replace the engine. The word "used" was never mentioned. If it was, I would not have agreed to the repair. He might not have said "new" either, saying only, perhaps, "your engine needs to be replaced", but I think it is reasonable to assume a replacement part will be new unless stated otherwise
.was a price discussed? That would at least allow a person to be led to believe it was a new or used engine. The fact is, he replaced your engine. Without it being specified new or used and really nothing suggesting it would be a new engine, you really don't have a claim it should have been a new engine.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top