What is the name of your state (only U.S. law)? North Carolina
My story is a bit long, I appreciate the time taken to read and respond. I would like to find out if I have a legit claim with adequate evidence to proceed with filing a small claims court claim against the mechanic (also owner of the auto shop).
On the 3rd of this month I took my car to a auto-repair-shop because upon attempting to get my inspection passed at a Jiffy Lube a day or two earlier I was failed for an error code stating 'improper gear ratio 2'. Admittedly the car had been having problems transitioning to that gear, so I assumed it valid and sought mechanic-advise. The mechanic told me that my transmission was dying and that he could get a used one and swap them out, and clear the error code. The total for labor and parts would be $685.00. I had also taken it to AAMCO (have a receipt for this, and I'm sure I can get a print-out of the details stating that was the ONLY problem). I was assured that the car would be ready for pickup on the 7th no later than 6pm. I never received any calls and after calling multiple times myself I was assured it would be ready at the stated time, and to 'come on down'. I had a friend drive me out, only to find the shop was closed, I was told by a man sweeping the shop they closed at 6pm. I walked around to the back and found the mechanic and around 14 guys sitting around joking. After I asked what was going on, they told me they were putting the final touches on it, and it'd be ready within the hour, so I could sit and wait. My friend and I waited, and around 45 minutes later a gentleman holding a bolt walked up to me and said 'its not good, we have some bad news'. They didn't explain it to me (even upon asking in detail as I'm not mechanically inclined). They just assured me that it would be fixed and it wasn't a real problem, but it would be an overnight job, and the car would be ready at noon the following day. I received yet again, no calls. After calling multiple times I finally got him to pick up and he assured me it was ready, but the shop was closing. I arrived at around 9pm sunday night and picked up the vehicle. When I started to drive it, it had horrific symptoms. The car would grind when making right turns, squeel when making left turns. Shudder and Buck (kick) hard going from 1st to 2nd gear, and the entirety of the car felt like it was rubbing with the wheels. I turned around immediately, dropped the car back off, called the mechanics cell phone (only number I have) and told him I'd be back the next morning at 8am to discuss this.
I arrived the next morning, and the mechanic and another co-worker (also mechanic) assured me there was nothing of this nature on their test drive of it the night before. But assured that they would fix it, even if they needed to get another transmission to replace it. They told me they could call when it was ready (it's becoming a pattern now, no?.). After nearly two weeks of not hearing a word back from them. I drove up there with a friend to do a random drop-in to see if it had even been moved. They assured me it was almost ready, and that he would call when it was done within the next day. There was no call, and I decided to call myself around 8. I was told it would be ready the next day by 5pm, no later, and that he would call me (surprised?) I received no call for 2 more days. I finally called up around 7 times (no answer most of them) and after finally getting ahold of him, I was told it was ready.
I went out to pick up the car (late in the evening since I had to find a ride with a co-worker after work) to find my car completely unlocked ,with the key sitting in the passenger seat. After attempting to drive it roughly a mile the same exact symptoms listed above were still there. The 'check engine light' was still on, and the car was showing actually worse symptoms. Harder knocking, Harder rubbing/grinding sounds. Reverse, and Neutral are both reverse, 1st gear is neutral, and 2nd is now drive. It's completely screwed up.
I have two receipts (which I paid for well ahead of the work being completed, my mistake I guess) one for the amount of $300.00 and one for $385.00. Both have my name, his name (he misspelled my last name by one letter), the amount paid, the date, and in the for section it says '1997 Trans Work'. I also have the receipt from jiffy-lube for the failed inspection, a print-out for why it failed, a receipt for AAMCO, and I'm sure I can go back and request a detailed print-out of the inspection of the transmission done by them indicating I had 100% none of these problems before I took it to the mechanic who destroyed my car. There are also new error codes being reported (took it to Advanced Auto) indicating other problems now.
Do I have a legitimate case? proper evidence? etc? to file a claim against this man and his business. My car is totaled.
On a side note. I found wires, and a electric something-or-other with 2 wires snipped on the floorboard of my passenger side, and a bunch of chocolate donuts all over the back of the vehicle. This is ridiculous, and insulting to say the least.
Thank you VERY much for your time, I know it was lengthy. I appreciate any answers that can be given.
My story is a bit long, I appreciate the time taken to read and respond. I would like to find out if I have a legit claim with adequate evidence to proceed with filing a small claims court claim against the mechanic (also owner of the auto shop).
On the 3rd of this month I took my car to a auto-repair-shop because upon attempting to get my inspection passed at a Jiffy Lube a day or two earlier I was failed for an error code stating 'improper gear ratio 2'. Admittedly the car had been having problems transitioning to that gear, so I assumed it valid and sought mechanic-advise. The mechanic told me that my transmission was dying and that he could get a used one and swap them out, and clear the error code. The total for labor and parts would be $685.00. I had also taken it to AAMCO (have a receipt for this, and I'm sure I can get a print-out of the details stating that was the ONLY problem). I was assured that the car would be ready for pickup on the 7th no later than 6pm. I never received any calls and after calling multiple times myself I was assured it would be ready at the stated time, and to 'come on down'. I had a friend drive me out, only to find the shop was closed, I was told by a man sweeping the shop they closed at 6pm. I walked around to the back and found the mechanic and around 14 guys sitting around joking. After I asked what was going on, they told me they were putting the final touches on it, and it'd be ready within the hour, so I could sit and wait. My friend and I waited, and around 45 minutes later a gentleman holding a bolt walked up to me and said 'its not good, we have some bad news'. They didn't explain it to me (even upon asking in detail as I'm not mechanically inclined). They just assured me that it would be fixed and it wasn't a real problem, but it would be an overnight job, and the car would be ready at noon the following day. I received yet again, no calls. After calling multiple times I finally got him to pick up and he assured me it was ready, but the shop was closing. I arrived at around 9pm sunday night and picked up the vehicle. When I started to drive it, it had horrific symptoms. The car would grind when making right turns, squeel when making left turns. Shudder and Buck (kick) hard going from 1st to 2nd gear, and the entirety of the car felt like it was rubbing with the wheels. I turned around immediately, dropped the car back off, called the mechanics cell phone (only number I have) and told him I'd be back the next morning at 8am to discuss this.
I arrived the next morning, and the mechanic and another co-worker (also mechanic) assured me there was nothing of this nature on their test drive of it the night before. But assured that they would fix it, even if they needed to get another transmission to replace it. They told me they could call when it was ready (it's becoming a pattern now, no?.). After nearly two weeks of not hearing a word back from them. I drove up there with a friend to do a random drop-in to see if it had even been moved. They assured me it was almost ready, and that he would call when it was done within the next day. There was no call, and I decided to call myself around 8. I was told it would be ready the next day by 5pm, no later, and that he would call me (surprised?) I received no call for 2 more days. I finally called up around 7 times (no answer most of them) and after finally getting ahold of him, I was told it was ready.
I went out to pick up the car (late in the evening since I had to find a ride with a co-worker after work) to find my car completely unlocked ,with the key sitting in the passenger seat. After attempting to drive it roughly a mile the same exact symptoms listed above were still there. The 'check engine light' was still on, and the car was showing actually worse symptoms. Harder knocking, Harder rubbing/grinding sounds. Reverse, and Neutral are both reverse, 1st gear is neutral, and 2nd is now drive. It's completely screwed up.
I have two receipts (which I paid for well ahead of the work being completed, my mistake I guess) one for the amount of $300.00 and one for $385.00. Both have my name, his name (he misspelled my last name by one letter), the amount paid, the date, and in the for section it says '1997 Trans Work'. I also have the receipt from jiffy-lube for the failed inspection, a print-out for why it failed, a receipt for AAMCO, and I'm sure I can go back and request a detailed print-out of the inspection of the transmission done by them indicating I had 100% none of these problems before I took it to the mechanic who destroyed my car. There are also new error codes being reported (took it to Advanced Auto) indicating other problems now.
Do I have a legitimate case? proper evidence? etc? to file a claim against this man and his business. My car is totaled.
On a side note. I found wires, and a electric something-or-other with 2 wires snipped on the floorboard of my passenger side, and a bunch of chocolate donuts all over the back of the vehicle. This is ridiculous, and insulting to say the least.
Thank you VERY much for your time, I know it was lengthy. I appreciate any answers that can be given.