• 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.

Need Some Advice Please!!!!!!

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

LonghornIII

Junior Member
What is the name of your state? OHIO. First off my problem has to do with Auto Repair and what to do when you get shafted?

The background on my problem. I have a 94 Explorer. I had to replace the engine over a year and a half ago and had not had any real problems until It broke down.

I had It towed Into a well known shop In my area. I told them that I wanted It fixed and they never did give me a estimate. About 3 days later I stopped In to get a update on the problems. They found that my Flywheel had broke In the center. So they had to pull my Transmission, Replace my Flexplate/Flywheel. They also replaced the Neutral Safety Switch and the Transmission Modulator ( All on the Transmission ). When It was all said and done It cost me $1675.00.

I went to pick It up and It ran great until I got It home and shut It down. It would not restart after It got hot. So I contact them and they told me to bring It back and they would fix It. They never once said It would cost me. After It cooled down I took It back and after a hour they had to repair a ground at the engine. It cost me another $72.00.

After all of that Me and my Wife decided to drive around and test the Truck. After about 2 hours we started to head home. When I got about a mile away from my house I noticed smoke coming from the back of my Truck and cars were staying back.
So I got It home and then I saw the problem. I was losing Transmission fluid and you could follow the trail to my house.

Come to find out, My Transmission Front Seal had went out. The shop had just worked on my Transmission. So I contacted him the next morning and tried to work something out with him but all he would say Is that It Is not his fault and It would cost me for him to fix it.

I have contacted a few other shops and I was told that If the Transmission Is pulled on a high mileage vehicle you always replace the seals. He did not. Because I spent so much money to get It fixed I now did not have the money to fix the new problem. So I had to drive It that way for over 2 months. I have now destoryed the roads In my complex. Went through so much Transmission fluid and just last week the transmission finally gave out.

I have now had to put out almost $800.00 more to get It fixed again and of course replace the front seal.

I have been told I have a very good case and to take the shop to small claims court.
I have never done that before What should I do? If I do I want to make sure I can prove my side of the case. What Is the best way to do that? What kind of case do I have?
Please any advice I can get will be of alot of help and thanks for taking the time to read It..
 


seniorjudge

Senior Member
LonghornIII said:
What is the name of your state? OHIO. First off my problem has to do with Auto Repair and what to do when you get shafted?

The background on my problem. I have a 94 Explorer. I had to replace the engine over a year and a half ago and had not had any real problems until It broke down.

I had It towed Into a well known shop In my area. I told them that I wanted It fixed and they never did give me a estimate. About 3 days later I stopped In to get a update on the problems. They found that my Flywheel had broke In the center. So they had to pull my Transmission, Replace my Flexplate/Flywheel. They also replaced the Neutral Safety Switch and the Transmission Modulator ( All on the Transmission ). When It was all said and done It cost me $1675.00.

I went to pick It up and It ran great until I got It home and shut It down. It would not restart after It got hot. So I contact them and they told me to bring It back and they would fix It. They never once said It would cost me. After It cooled down I took It back and after a hour they had to repair a ground at the engine. It cost me another $72.00.

After all of that Me and my Wife decided to drive around and test the Truck. After about 2 hours we started to head home. When I got about a mile away from my house I noticed smoke coming from the back of my Truck and cars were staying back.
So I got It home and then I saw the problem. I was losing Transmission fluid and you could follow the trail to my house.

Come to find out, My Transmission Front Seal had went out. The shop had just worked on my Transmission. So I contacted him the next morning and tried to work something out with him but all he would say Is that It Is not his fault and It would cost me for him to fix it.

I have contacted a few other shops and I was told that If the Transmission Is pulled on a high mileage vehicle you always replace the seals. He did not. Because I spent so much money to get It fixed I now did not have the money to fix the new problem. So I had to drive It that way for over 2 months. I have now destoryed the roads In my complex. Went through so much Transmission fluid and just last week the transmission finally gave out.

I have now had to put out almost $800.00 more to get It fixed again and of course replace the front seal.

I have been told I have a very good case and to take the shop to small claims court.
I have never done that before What should I do? If I do I want to make sure I can prove my side of the case. What Is the best way to do that? What kind of case do I have?
Please any advice I can get will be of alot of help and thanks for taking the time to read It..


Go to court and tell your story chronologically and clearly with simple words (fifth grade level) so the judge can understand.
 

DRTDEVL

Member
The reason many people replace the front seal is because 99% of the labor is done for the repair, and it is a negligible amount to add to the bill (the part is about $5). It is *not* a requirement to perform this when the tranny is out.

YOU burned up the tranny by running it low on ATF, the shop did not do that.

Granted, I would have reccommended replacement of the transmission input seal when the flexplate broke, but that's due to uneven sideloading on the input shaft that could *potentially* cause premature failure. This is your basis for the suit (yet not a "lock"). The problem with your cause of action is that had you repaired it, your tranny would still be good. You may only get the "book rate" of an input seal replacement, not a transmission.
 

LonghornIII

Junior Member
I know I am the one that burned the transmission up. I also was not given any other choice. We have to get to work and as I stated I used all the money on the first and second repair. And you are right. It Is not required to be replaced when work Is done to the transmission, But the transmission had 196,000 miles on It and the shop knew that.
Every shop I have talked to has told me that the guy that worked on my truck knew he should have at least suggested It but he never did. Also at the time I was unable to repair the problem. No Money and I did not know how. Thats why I took It to the shop and told them to fix everything right the first time and they did not..
 

Find the Right Lawyer for Your Legal Issue!

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