auto repair-car still leaking/ do i have to pay?

[jonesdrm]

indiana-took car to a shop for water leak. called me next day and said they had to tear it apart to find the leak, but they think its probably the timing chain cover gasket. they asked if that was the problem do i want it fixed? i said yes. next day told me they were wrong but i still owed 392.00$ i acted unhappy so they dropped the price to 244.00$ do i actually have to pay this? the gasket they said was leaking and they changed was not what was causing the leak. they told me they still werent sure where its leaking from.

 

[JETX]

Yes. As long as you authorized the work, you have to pay.

 

[G.Chulsky]

Many states have enacted Consumer Fraud Statutes. You should check with your state to see if you have one.

 

[JETX]

Many states have enacted Consumer Fraud Statutes. You should check with your state to see if you have one.

Chulsky: you have sent the writer off to research state consumer fraud issues.... why???
What do you believe was fraudulent about a repair shop having the customer authorize repairs before making them??

 

[G.Chulsky]

Halket: Your response to me just proves that you should not be offering legal advice. Common Law Fraud is not necessarily an element of a Consumer Fraud Act violation. Many regulations under Consumer Fraud Acts are concerned with whether there was a written contract, whether the customer approved a written estimate for work, etc. Many of the possible violations are purely statutory, technical and carry strict liability. I trust that answers your question.

 

[jonesdrm]

the gasket they thought was causing the leak and changed was not the problem. they said they still dont know what is causing the leak and charged me for parts and labor

 

[JETX]

the gasket they thought was causing the leak and changed was not the problem. they said they still dont know what is causing the leak and charged me for parts and labor

I understand the issue (something that "Esq" seems to lack). You took your car in for repairs and the mechanic told you what he thought the fix was and the cost. You authorized the fix and paid for it, only to find that the mechanics 'diagnosis' was incorrect. You know want to know if you are liable for the 'misdiagnosis'. (Doesn't sound like ANY fraud here, does it??).

In any case, you are still liable for the repair cost, but can try to negotiate a lower price since it didn't fix the problem. In the future, you might try to find a 'better' mechanic that has enough experience to proper diagnose the problem with an accurate fix the first time, or find one that will 'guarantee' that his diagnosis is accurate (be prepared to pay a lot more).