gas tank damaged while attempting to fix exhaust

[Hadenough]

I took my car in to a dealer to have the exhaust fixed. It was not installed correctly and they pounded my gas tank out of the way to get it to fit, causing the gas tank to leak. They endangered out life by sending this car out to be driven. They said they would fix it, but I don't trust them to touch my car anymore. They said they would pay to have the gas tank fixed, but not refund what I paid they to fix the exhaust. They say the exhaust is fixed. But I say not. The gas tank can not be fixed without removing the exhaust pipe and I fear that more damage will be found or a whole new system will have to be put on. Therefore, I feel that the cost of the exhaust system installation should be refunded and all expense to fix my gas tank, plus costs of being without the car and stress caused by all this should be paid for.

Do I have a case (small claims or other) or did I mess up by not taking what money they would give me and running????? If I plan to go to court do I have to leave my car as is for evidence? Do I have to have witnesses?
What do I need for court and where on earth do I begin????!!!!!!!

I am in the state of Iowa.

 

[Tracey]

First, get their offer to pay to fix the tank in writing. It's an admission of liability. Pretend you're going to have them fix it if you need to. Then take the car elsewhere & have the tank fixed AND the exhaust inspected. Have them take before & after pictures or videotape. (35 mm, time/date stamp is best.) The replacement mechanic will be your witness regarding the damage they did to your tank & whether or not they fixed the exhaust properly. Tell him to remove the exhaust pipe so it can be reinstalled after he fixes the tank. At that time, he should be able to see if the rest of the system was properly installed. Make sure you pick a mechanic who's willing to go to court for you.

You will only be entitled to a refund for $$ the new mechanic has to charge you to replace any improperly installed enhaust components.

You may want to get a couple estimates before having the cat fixed.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

 

[JETX]

Tracey:

As much as I agree that 'cats' should be fixed, I assume that was a typo in your answer ("You may want to get a couple estimates before having the cat fixed.")

BTW, I really enjoy reading your responses. They are 'dead-on' and concise.


<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Tracey:
First, get their offer to pay to fix the tank in writing. It's an admission of liability. Pretend you're going to have them fix it if you need to. Then take the car elsewhere & have the tank fixed AND the exhaust inspected. Have them take before & after pictures or videotape. (35 mm, time/date stamp is best.) The replacement mechanic will be your witness regarding the damage they did to your tank & whether or not they fixed the exhaust properly. Tell him to remove the exhaust pipe so it can be reinstalled after he fixes the tank. At that time, he should be able to see if the rest of the system was properly installed. Make sure you pick a mechanic who's willing to go to court for you.

You will only be entitled to a refund for $$ the new mechanic has to charge you to replace any improperly installed enhaust components.

You may want to get a couple estimates before having the cat fixed.
<HR></BLOCKQUOTE>

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Steve Halket
Judgment Recovery of Houston
[email protected]
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This is my PERSONAL OPINION and is not legal advice! Consult your local attorney for your specific situation and laws!

[This message has been edited by Halket (edited July 02, 2000).]

 

[JETX]

Deleted. Duplicate Post.


[This message has been edited by Halket (edited July 02, 2000).]

 

[Hadenough]

First of all, thanks Tracey for your time.
I kind of have an offer in writing. It says"After finalizing total bills for exhaust and fuel leak repairs, reimbursement will be paid to customer on one check" signed by the service department director but no date or business letterhead. I couldn't get exact estimates from other mechanics. The person I want to repair the gas tank says he can't give me an exact estimate if I don't get the exhaust removed first because he doesn't replace exhaust systems and he's not sure what he will get into. He says the job is the worst he has ever seen. The place that I want to do the exhaust work, says he can't even take the car in his shop until the gas tank is fixed because his insurance won't allow it. Another dealer (different car company) says he's not qualified because he's not the right car company--I need to go to my car's car company. But the only one close is the one that started this whole mess. So I took the partial extimate for the gas tank to the man that wrote the above note and told him I wanted a refund on the exhaust( because I couldn't get an extimate at this time) plus my gas tank expenses and that is when he said "no refund on work done". He earlier led me to believe he would give me a refund on the exhaust when I brought in the other expenses.

Another problem that I have is that it is not easy getting this car around for estimates because I have been told by two mechanics that it is not safe to drive, so I have to have it towed. Also, we are in a small community and there are not many places to choose from. Only one car dealer for each make of car and only two or three muffler places and a few independent machanics.

So what do I do if I can't get a machanic to be a witness? I have a video, but I don't know if it is the best -- it shows the dents and pushed up seam in the gas tank and how close the pipe is to the tank and the gas wet spot.

I not sure I can afford to fix the car until I receive some money and at this point I am having trouble getting complete estimates. I think if they did that bad of a job, I expect more damage when it is tore into to be repaired. Even if I get lucky and can fix the exhaust for less that the original cost (since new parts are on there and might be able to be saved) it doesn't seem like the dealer should be able to keep one red cent of what they charged to "fix" it, after all of the trouble they have caused me!!!!

Also, what about the fact that they endangered my daughter's and my families life???

 

[Tracey]

Now, what makes a muffler shop think they're qualified to do gas tank repairs? Have they shown you the ASE certificate for fuel system repair that their head mechanic has? Are they guaranteeing that the head mechanic will do the work? Frankly, their best course of action is to subcontract the tank repair with some other place & do the exhaust work themselves. That way you have no out of pocket expenses & they might be able to negotiate a fellow mechanic discount you couldn't get. They worry about towing.

Point out to the shop that it will be far, far easier & cheaper if they just do things your way, cause otherwise you'll haul them into small claims court and spend every spare Saturday on the sidewalk outside their shop with a picket sign and leaflets. Make sure you get the gas tank shop's name in writing & get a copy of the invoice the tank repair shop sends to the exhaust shop. You don't want them trying to pass off their work as proper tank repair shop work.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

 

[Tracey]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Halket:
Tracey:

As much as I agree that 'cats' should be fixed, I assume that was a typo in your answer ("You may want to get a couple estimates before having the cat fixed.")

BTW, I really enjoy reading your responses. They are 'dead-on' and concise.

<HR></BLOCKQUOTE>

Oh, I don't know; I usually call around for estimates when I need to get my cat fixed too....

"Concise"? No one's ever accused me of being concise before. Have you *seen* some of the treatises I've "published" on landlord-tenant law, complete with 12 paragraphs of analysis & procedures & 7 different statutes quoted in their entirety?

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

 

[Hadenough]

Still didn't find out what I should do if I can't get a machanic to come in as a witness if I go to court?? It's going to be hard enough to find someone to fix this mess, if I can afford the extra expense, let alone get them to agree to give time in court!!

Also, am I entitled to nothing for the fact that the original machanic sent this car out to be driven by my daughter and family with a leaking gas tank (endangering our lives!)???

Also, am I entitled to nothing for all this upset and extra trouble -- nothing more than the cost of putting the car right--- it should have been right the first time !!!! That's what I paid for. This wasn't a bad part that they weren't responsible for. This wasn't a case of not being able to find the problem without trying several things. This wasn't an accidental bump of the gas tank while fixing the exhaust -- this was a pounding to make their mess up exhaust instalation fit!!! Isn't this some sort of negliance???

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Hadenough:
Still didn't find out what I should do if I can't get a machanic to come in as a witness if I go to court?? It's going to be hard enough to find someone to fix this mess, if I can afford the extra expense, let alone get them to agree to give time in court!!

Also, am I entitled to nothing for the fact that the original machanic sent this car out to be driven by my daughter and family with a leaking gas tank (endangering our lives!)???

Also, am I entitled to nothing for all this upset and extra trouble -- nothing more than the cost of putting the car right--- it should have been right the first time !!!! That's what I paid for. This wasn't a bad part that they weren't responsible for. This wasn't a case of not being able to find the problem without trying several things. This wasn't an accidental bump of the gas tank while fixing the exhaust -- this was a pounding to make their mess up exhaust instalation fit!!! Isn't this some sort of negliance???<HR></BLOCKQUOTE>


My response:

This is what subpoenas are for. File your lawsuit and ask the clerk for some subpoena forms. Fill them out, and have each of the mechanics served that you wish to testify on your behalf. You'll have pay nominal witness fees to each witness; in the neighborhood of $35.00 plus 20cents per mile both ways.

You are not entitled to speculative or prospective damages. If damages didn't occur to your family; e.g., if the truck didn't blow up and fry someone to a crisp, you have no damages in the regard. A court will not consider damages for a "what if" scenario.

Your only damages available to you are that which occurred and for which there is proof.

IAAL


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