Shafted by repair shop

[happytrucker35]

What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state?Georgia

After having some minor repairs and preventive maintenance done on my truck, my drive shaft fell out. I had only gone about 200 miles. I called the repair shop and the owner paid to have me towed to another repair facility.
Several cars were damaged also, as the drive shaft fell out on a major highway during rush hour. The shop was closing for the evening, so I went to a motel for the night. The next day the shop owner from the original repair instructed the folks at the new facility not to do any repairs until they (the new shop) heard from him (original repair shop) or his insurance company. They were to give an estimate of what may have caused the drive to fall out. I stayed at the motel for 3 and a half days. The insurance rep called me and said that they would pay for any damage resulting from the original repair.

Well the truck was repaired by that Friday evening. Of course noone was around from insurance or the original repair shop to pay the bill. I paid the bill in order to make my delivery on time. On Monday morning when I called the insurance company, I was told a check would be sent right out. The check never came. Then 3 to 4 weeks later I get a call saying that they( the insurance company) was only paying half the bill. I received 2 checks. One for half the repairs and the other for my motel stay.

I filed in magistrate court for the difference from the original shop owner. His lawyer has sent me a letter stating that, I failed to state a claim upon which relief can be granted and that I showed no negligence on its part of any of its agent in any way proximately caused or contributed to my alleged damages.
He denies that his shop did anything wrong and respectfully demands that the claim be discharged with its costs.

Do I need to respond to this Answer and Defense ?

I have the tow bill which was paid by the defendent. The new shop has given me statement that states who gave them authorization to repair my truck.

Any and all comments are greatly appreciated. Just trying to get my money back. I originally filed for the entire amount of the repairs. Then after receiving the insurance checks, I amended the amount less that amount. We're only looking at about 1300.00 with the filing fee.

Thank you

 

[Florid-aise]

Of course you need to respond with Answers and affirmative defense.

Your ammended complaint would show you are not out to recover monies in addition to the damages being sought.

Research the affirmative defenses for failure to state a claim; amend your pleading if permitted; and do not lose any papers you have in support of your claim.

Make certain that those items you wish to introduce at hearing or trial as evidence, have been copied and provided to the opposition, well in advance of hearing or trial.

HINT: When the other side tells you what you did not do - then correct the thing you did not do - and do the thing you did not do that you were supposed to do.

 

[happytrucker35]

Thanks

Thank you

Point well taken. Will get to work.

Happytrucker

 

[JETX]

After having some minor repairs and preventive maintenance done on my truck, my drive shaft fell out.

I find it kind of interesting that you provide no specifics as to the repairs. What EXACTLY was done to the driveshaft or U-joints that would cause the shaft to "fall out"??

I received 2 checks. One for half the repairs and the other for my motel stay.

Did the check for the repairs include a release from further claim?? Usually on the back of the check where you sign your endorsement.

Do I need to respond to this Answer and Defense ?

Yep. And herein will be your problem. You will have to PROVE to the court that something the shop did caused your problem.... and that the driveshaft problems was not just an isolated, unrelated incident. That is why I asked you EXACTLY what repairs were done..... and how they were responsible.

I have the tow bill which was paid by the defendent. The new shop has given me statement that states who gave them authorization to repair my truck.

Neither of those are relevant. They do NOT go to show that the defendant was liable for your damages.

 

[Florid-aise]

I have the tow bill which was paid by the defendent. The new shop has given me statement that states who gave them authorization to repair my truck.

JETX, could not this statement be an admission against interests from repair shop number one?

 

[happytrucker35]

answers to the unanswered

Sorry, didn't mean to seem evasive on the original repair. Just a newbie looking for a little guidance. I appreciate the help.

The original work was a repair to a leaking front differential. That included removal of the front and rear drive lines and removal of the differential. They cleaned the gasket area then reinstalled everything.

The checks had no statements of release on the front or rear.
The memo section on one says, in payment of property damage to kenworth tractor. Loss date insured's name, policy # and loss date.
the 2nd check says in payment of cab ride and hotel stay.

The statement from the 2nd repair shop says, "The technician reported finding the driveline had fell out and broke bolts in the front rear drive axle yoke. He also found that one of the caps was still in the yoke with bearings laying over inside the cap. The other side cap had not been inside the yoke flange when it was installed allowing the u-joint to break out of the yoke and the driveline to fall out".

The defendents insurance paid for half, I don't understand why he's not liable for the rest. Can someone explain?

 

[JETX]

JETX, could not this statement be an admission against interests from repair shop number one?

No. I would assume that they were simply trying to help a customer since there is NOTHING to show that they had an opportunity to inspect the claim before offering assistance.

 

[Florid-aise]

No. I would assume that they were simply trying to help a customer since there is NOTHING to show that they had an opportunity to inspect the claim before offering assistance.

I think that perhaps I did not specify my point sufficiently.

happytrucker says:

The new shop has given me statement that states who gave them authorization to repair my truck.

Failing to inspect such a claim (or an agent or representative of repair shop number one), my take would be that shop one waived the inspection.

Would that stick?

In either event, it could not possibly hurt the OP in this instance to have the statement from shop two. Wouldn't you agree?

 

[JETX]

Failing to inspect such a claim (or an agent or representative of repair shop number one), my take would be that shop one waived the inspection.

Would that stick?

Nope. There is NOTHING in the post or thread that would indicate that the first shop assumed ANY liability by their agreement to provide towing to a shop.

In either event, it could not possibly hurt the OP in this instance to have the statement from shop two. Wouldn't you agree?

Agreed.... but again, depending on the EXACT statements made, I doubt that the statement from shop two would make the case for the OP.

 

[Florid-aise]

Fair enough, JETX.

Let's use this hypothetical:

OP's facts are precisely the same, but for the additional fact that OP fixes the problem roadside, himself.

Were that the case, there would be little if nothing other than a "he said-he said" small claims action.
{With the present OP facts, my take is he is in the advantage, based upon our limited knowledge of the specifics}

*******************************
happytrucker, when you see JETX and I agreeably disagreeing, I can almost guarantee you that you are witnessing a pre-reenactment (if there is such a word) of the argument you will see played-out in your very courtroom. This is not a bad thing. This is a very healthy thing.

I tell you most assuredly, JETX is NOT full of hot air. Sound in logic and sound in law.

Others could say the same of me.

This is a good debate.

 

[BelizeBreeze]

After having some minor repairs and preventive maintenance done on my truck, my drive shaft fell out.

And, of course, since you never stipulated here what the above entailed, how to you think you're going to substantiate a claim against the original repair shop?

 

[JETX]

And, of course, since you never stipulated here what the above entailed, how to you think you're going to substantiate a claim against the original repair shop?

Yep. I am still waiting to hear EXACTLY what the first shop did and how the repairs would be a cause of the driveshaft (or u-joint) failure. Since the OP hasn't responded.... maybe they just washed the windshield and he is looking for a sucker.

 

[BelizeBreeze]

Yep. I am still waiting to hear EXACTLY what the first shop did and how the repairs would be a cause of the driveshaft (or u-joint) failure. Since the OP hasn't responded.... maybe they just washed the windshield and he is looking for a sucker.

BAda Boom...Bada BING!!!!!!!!

 

[Florid-aise]

I fail to see where you fail to see the repairs listed done.

The original work was a repair to a leaking front differential. That included removal of the front and rear drive lines and removal of the differential. They cleaned the gasket area then reinstalled everything.

And BB, that wasa gooda Bada Bing ifa I evva herda one.

 

[JETX]

I fail to see where you fail to see the repairs listed done.

My error. In the flurry of your 'what if' questions, I simply overlooked the OP's follow up providing a description of the work done. And with that, it would appear that there MAY be a valid claim against them.

So, the original question:

Do I need to respond to this Answer and Defense ?

Yes.