Who is to blame?

[david123]

I recently had a vehicle repaired at a local repair shop in North Carolina. Originally my vehicle failed to start. The mechanic diagnosed the problem as a bad computer. He replaced the computer. The vehicle would now start, but the automatic transmission would not change gears. The only available gears were 2nd and 3rd and you had to change the gears manually. I took the vehicle back to the mechanic. He said he could not check the transmission and suggested a transmission mechanic that I should take it to. I went to the transmission mechanic and asked him to find the problem. After five hours of work and $190 he narrowed the problem down to 3 possibilities. Two of the possibilites had to do with the wrong computer or a bad computer. I took the vehicle back to the original mechanic. He said that the computer in the vehicle had the same part number as the computer he removed. He then called the vehicle manufacturer and they told him to look at other numbers on the vehicle. These other numbers indicated that a different computer was required for the vehicle. The mechanic ordered and put on this computer at no charge to me and the vehicle starts and the automatic transmission works. I am currently out $190. The original mechanic has not offered to pay this bill. I believe I should sue him but I am weary of his defense that he ordered the part based on the information from the original part which he says was stamped incorrectly by the manufacturer. What to do?

 

[JETX]

Send the original mechanic a letter detailing the damages ($190) that you incurred as a result of his installing the wrong part. Include a copy of the $190 service bill. Tell him that you would not have incurred this expense if he had installed the correct part. As such, you feel that it is reasonable for him to cover your loss. Mention in the letter that you expect an answer within 30 days from receipt or you will consider your legal options. Send the letter certified.

If he doesn't reimburse you within the 30 days, consider small claims action to recover the $190, plus costs.

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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!

 

[Tracey]

Gee, let's see.... the mechanic disgnosed the problem as being a computer problem, but just read the number off the malfunctioning part rather than check the micrifiche parts lists. Who do you think shuld have spent 5 minutes to identify the part number he needed fromt he books, instead of reading it? Sue him for negligence in ordering an improper part.

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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.