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Help. Can I sue this mechanic? Florida

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Snobbyalexa

Junior Member
What is the name of your state (only U.S. law)? Florida, Broward County

Hi everyone. I'll try to keep this short, but if you think you can help, I'll provide the full story.

I got in an accident that wasn't my fault and was paid a check by Geico. Stupidly, I didn't take it to their certified shop, but to another mechanic that a 'friend' had suggested. They fix my car, it looks good (I don't know much about what the mechanic parts should look like but I don't notice any issues). About a month later my AC stops working, which I think is odd, and I assume it was the condenser, but continue to drive anyway because the temps were cool. One day, I start to hear a rattling noise while pressing on the gas, and then while on the highway, my radiator cap/hose flies off, and now my motor is ruined. (Someone told me the rattling could have been timing belt/chain coming loose. as well the radiator hose came off) I confronted the mechanic about it and he told me that the insurance only paid for body work, and he didn't touch anything mechanical on the car, so it's not his fault. What? I get a copy of my estimate and of course there are mechanical parts that were to be fixed, the condenser, radiator etc. They took my money and only fixed the cosmetic parts!!! *furious*

So, I look up a little bit about small claims court and they say that if you can get another mechanic to testify that the repairs were not done properly, the court will probably rule in your favor. I also have a text from the scamming mechanic telling me he didn't touch anything mechanical in the car, which means he did not fix the things listed in the estimate, which means he took my money for nothing. That's insurance fraud! And, if they can prove that he didn't fix it properly, don't you think he would be responsible for the repairs I have to get now?

I'm going to fix the very expensive problems with my car and then sell it/trade it in and get a new one. So a few questions.

1. Is anyone a mechanic/have a honest (seriously) mechanic that will get my car back driving so I can sell it?
2. Would anyone/do you know anyone who would testify these repairs were not done in small claims court?
3. Should I get a lawyer/how much are they for this case/can anyone recommend someone?
4. Any other advice of how to approach this would be so helpful.


This experience has been a nightmare. Any help would be so appreciated.


Also: he made me pay in cash and did not issue a receipt.
 


sandyclaus

Senior Member
What is the name of your state (only U.S. law)? Florida, Broward County

Hi everyone. I'll try to keep this short, but if you think you can help, I'll provide the full story.

I got in an accident that wasn't my fault and was paid a check by Geico. Stupidly, I didn't take it to their certified shop, but to another mechanic that a 'friend' had suggested. They fix my car, it looks good (I don't know much about what the mechanic parts should look like but I don't notice any issues). About a month later my AC stops working, which I think is odd, and I assume it was the condenser, but continue to drive anyway because the temps were cool. One day, I start to hear a rattling noise while pressing on the gas, and then while on the highway, my radiator cap/hose flies off, and now my motor is ruined. (Someone told me the rattling could have been timing belt/chain coming loose. as well the radiator hose came off) I confronted the mechanic about it and he told me that the insurance only paid for body work, and he didn't touch anything mechanical on the car, so it's not his fault. What? I get a copy of my estimate and of course there are mechanical parts that were to be fixed, the condenser, radiator etc. They took my money and only fixed the cosmetic parts!!! *furious*

So, I look up a little bit about small claims court and they say that if you can get another mechanic to testify that the repairs were not done properly, the court will probably rule in your favor. I also have a text from the scamming mechanic telling me he didn't touch anything mechanical in the car, which means he did not fix the things listed in the estimate, which means he took my money for nothing. That's insurance fraud! And, if they can prove that he didn't fix it properly, don't you think he would be responsible for the repairs I have to get now?

I'm going to fix the very expensive problems with my car and then sell it/trade it in and get a new one. So a few questions.

1. Is anyone a mechanic/have a honest (seriously) mechanic that will get my car back driving so I can sell it?
2. Would anyone/do you know anyone who would testify these repairs were not done in small claims court?
3. Should I get a lawyer/how much are they for this case/can anyone recommend someone?
4. Any other advice of how to approach this would be so helpful.


This experience has been a nightmare. Any help would be so appreciated.


Also: he made me pay in cash and did not issue a receipt.
So, let me guess - you figured you'd pocket yourself a little extra cash by having a "friend" do the repair work on your car. Guess you're learning how much more expensive that choice was.

As for the damages, did you even bother to verify what work was going to be done for the money you DID pay this person? How do you know that the radiator cap coming off, or the timing belt snapping was a result of something the mechanic didn't do or did wrong? You never even got a receipt or copy of the invoice/work order to show what had been done. At the very least, you should have ascertained that he wasn't going to do any mechanical work so that you could arrange to have that done elsewhere.

Last, but certainly NOT least, you most DEFINITELY shouldn't have handed over cold, hard cash without seeing a work order and/or receipt up front.

TBH, I'm not entirely sure you even have a claim here. Perhaps next time, you won't be in such a hurry to save a buck.

And NO, we do not do mechanical referrals here. I would suggest going to AAA to ask for a recommendation.
 

OHRoadwarrior

Senior Member
The problem will likely come back to the owner who never checks anything under their hood, even when they know there is a problem. The radiator cap coming off, will not make the motor blow. Continuing to drive it after the coolant runs out and the engine overheats will.
 

albertldee

Junior Member
What is the name of your state (only U.S. law)? Florida, Broward County

Hi everyone. I'll try to keep this short, but if you think you can help, I'll provide the full story.

I got in an accident that wasn't my fault and was paid a check by Geico. Stupidly, I didn't take it to their certified shop, but to another mechanic that a 'friend' had suggested. They fix my car, it looks good (I don't know much about what the mechanic parts should look like but I don't notice any issues). About a month later my AC stops working, which I think is odd, and I assume it was the condenser, but continue to drive anyway because the temps were cool. One day, I start to hear a rattling noise while pressing on the gas, and then while on the highway, my radiator cap/hose flies off, and now my motor is ruined. (Someone told me the rattling could have been timing belt/chain coming loose. as well the radiator hose came off) I confronted the mechanic about it and he told me that the insurance only paid for body work, and he didn't touch anything mechanical on the car, so it's not his fault. What? I get a copy of my estimate and of course there are mechanical parts that were to be fixed, the condenser, radiator etc. They took my money and only fixed the cosmetic parts!!! *furious*

So, I look up a little bit about small claims court and they say that if you can get another mechanic to testify that the repairs were not done properly, the court will probably rule in your favor. I also have a text from the scamming mechanic telling me he didn't touch anything mechanical in the car, which means he did not fix the things listed in the estimate, which means he took my money for nothing. That's insurance fraud! And, if they can prove that he didn't fix it properly, don't you think he would be responsible for the repairs I have to get now?

I'm going to fix the very expensive problems with my car and then sell it/trade it in and get a new one. So a few questions.

1. Is anyone a mechanic/have a honest (seriously) mechanic that will get my car back driving so I can sell it?
2. Would anyone/do you know anyone who would testify these repairs were not done in small claims court?
3. Should I get a lawyer/how much are they for this case/can anyone recommend someone?
4. Any other advice of how to approach this would be so helpful.


This experience has been a nightmare. Any help would be so appreciated.


Also: he made me pay in cash and did not issue a receipt.
did you say you have a estimate? was that estimate from the Mechanic or someone else
also you said radiator cap/hose which one came off or both
if he text you that he only did the body work then then that's what the judge will look at unless the estimate was from his shop showing what need to be fix
 

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