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Can I recover car rental costs because of mistakes, incompetence?

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cwillson

Junior Member
What is the name of your state (only U.S. law)? Massachusetts
This is quite a story:

Summer of 2009 I blew an engine. Late fall of 09 I bought a re manufactured replacement. It didn't fit because of a difference in the casting and how it connects to the trans-axle. (2 wheel drive replacement versus All wheel drive original)
Sent engine back. February 2010, sent my engine to them to re-build. They make an error that causes an oil leak in May 2010. Warranty covers it. Repairs are tried locally, but do not work. Engine goes back to re-builder (Nebraska).

Oct. 2010 another 2 wheel drive engine is sent to my shop. It gets sent back
Here is where I decide to rent a car.
They tell me they are re-building my engine again. This goes on and on with delays for parts, etc. until March 2011 when I finally get someone to tell me the truth. They sold my engine to someone else, then had it sent back to them, then lost it in their stock pile...all the while telling me it was being worked on, waiting for parts, etc.
They promise they found it, and will send it out ASAP.
March 23 - engine arrives. 2 WHEEL DRIVE AGAIN Not my engine.
Now they tell my mechanic to grind off the part of the block that is in the way and go with it. (This could have been offered in Nov. 2009)
Total time from initial purchase to final resolution: 17+ months.
Time from warranty claim until resolution - 9 months
Total of my rental car costs is just over $3,000.
Should I pursue for rental costs?
 


Zigner

Zigner

Senior Member, Non-Attorney
Does the contract with the engine rebuilder allow you to get reimbursed for the cost of a rental? Does is specifically DIS-allow it?
 
H

Hot Topic

Senior Member
cwillson said:
What is the name of your state (only U.S. law)? Massachusetts
This is quite a story:

Summer of 2009 I blew an engine. Late fall of 09 I bought a re manufactured replacement. It didn't fit because of a difference in the casting and how it connects to the trans-axle. (2 wheel drive replacement versus All wheel drive original)
Sent engine back. February 2010, sent my engine to them to re-build. They make an error that causes an oil leak in May 2010. Warranty covers it. Repairs are tried locally, but do not work. Engine goes back to re-builder (Nebraska).

Oct. 2010 another 2 wheel drive engine is sent to my shop. It gets sent back
Here is where I decide to rent a car.
They tell me they are re-building my engine again. This goes on and on with delays for parts, etc. until March 2011 when I finally get someone to tell me the truth. They sold my engine to someone else, then had it sent back to them, then lost it in their stock pile...all the while telling me it was being worked on, waiting for parts, etc.
They promise they found it, and will send it out ASAP.
March 23 - engine arrives. 2 WHEEL DRIVE AGAIN Not my engine.
Now they tell my mechanic to grind off the part of the block that is in the way and go with it. (This could have been offered in Nov. 2009)
Total time from initial purchase to final resolution: 17+ months.
Time from warranty claim until resolution - 9 months
Total of my rental car costs is just over $3,000.
Should I pursue for rental costs?
Click to expand...

I don't see anyone in their right mind allowing a business to screw up that many times and then demanding compensation because they did.

You can go after them, but I think you're going to hear pretty much the same thing in court. Plus something like, "You do know that it's April, 2011, don't you?"
 
C

cwillson

Junior Member
Zigner said:
Does the contract with the engine rebuilder allow you to get reimbursed for the cost of a rental? Does is specifically DIS-allow it?
Click to expand...
There is the standard clause that says they are not responsible for consequential damages, which I expected. It's also the reason I didn't jump right into a rental as soon as something went wrong. After 9 months of BS and runaround though, I'm wondering if a judge might say I deserved to be reimbursed.
 
Zigner

Zigner

Senior Member, Non-Attorney
cwillson said:
There is the standard clause that says they are not responsible for consequential damages, which I expected. It's also the reason I didn't jump right into a rental as soon as something went wrong. After 9 months of BS and runaround though, I'm wondering if a judge might say I deserved to be reimbursed.
Click to expand...
You should have moved your car to another shop and cut your losses. THAT is what the judge will likely say.
 
C

cwillson

Junior Member
Hot Topic said:
I don't see anyone in their right mind allowing a business to screw up that many times and then demanding compensation because they did.

You can go after them, but I think you're going to hear pretty much the same thing in court. Plus something like, "You do know that it's April, 2011, don't you?"
Click to expand...
You're saying because I gave them multiple chance to fix the problem that I am not in my right mind? I'm crazy for being nice? and therefore should be punished?
 
C

cwillson

Junior Member
Zigner said:
You should have moved your car to another shop and cut your losses. THAT is what the judge will likely say.
Click to expand...
It wasn't the shop that was at fault. They are my local garage. I hired them to install the engine that I myself purchased from the re-builder, who are the ones that screwed the pooch. The shop has been on my side the whole time. It's the builder in Nebraska whose at fault.
 
Zigner

Zigner

Senior Member, Non-Attorney
cwillson said:
It wasn't the shop that was at fault. They are my local garage. I hired them to install the engine that I myself purchased from the re-builder, who are the ones that screwed the pooch. The shop has been on my side the whole time. It's the builder in Nebraska whose at fault.
Click to expand...
Then you should have tried a different rebuilder.

Same effect, but if you wanna play semantic games...knock yourself out.
 
H

Hot Topic

Senior Member
You weren't being "nice." And now all you want is to be paid for putting up with a situation that the average person would have realized was hopeless a looooooong time ago. Some people enjoy being taken advantage of.
 
C

cwillson

Junior Member
Hot Topic said:
You weren't being "nice." And now all you want is to be paid for putting up with a situation that the average person would have realized was hopeless a looooooong time ago. Some people enjoy being taken advantage of.
Click to expand...
And some people are cynical pricks who only feel good about themselves if they are making someone else feel bad about themselves.

Didn't your mother teach you if you don't have something constructive to add to a conversation, then shut the hell up?:D
 
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