What kind of legal action can I take against this this auto repair shop?

[bobdole369]

Did you pay for it with a visa/mc card? If so dispute it. Seriously, that will force their hand big time.

This... Once the chargeback comes through I guarantee your guy is on the line with you.

 

[zylander]

Originally posted by: bobdole369

its still their job to leave me with a working car as a finished product.

No its not. It is their job to provide you with goods and services that which are purchased.

I don't mean to be a dick and please don't take this the wrong way - its just what little I know about the world, the US court system and our system of capitalism.

Lets say you take a car in because the thing won't run. The mechanic diagnoses the problem as "timing belt" - replaces that part and some other associated bits (gaskets and whatnot) - now the car runs - as far as he is concerned - the issue is fixed.

You take it home and a week later it stops running again - you take it back - this time its "valves" that are the problem.

Now the mechanic should have known that a timing belt will sometimes bend valves. He didn't touch the valves in your car. After he replaced the timing belt - he was done. Now you have a second problem that costs more than the first one!

However the warranty covers whatever parts were replaced, and that labor - it doesn't include the valves here.

I'm not saying that your situation is the same as this, just illustrating that your problem may not be related to the original problem, and the mechanic probably won't touch it because he knows its involved, and it's probably not related to something he warranted.

As for what to do - if he's a dick the only thing to do is to sue him. Be prepared for a massive bill from a lawyer though.

I agree with the scenario you laid out but, I do not have a second problem. The mechanic replaced one blown engine with another blown engine.

As for how I paid; I paid using an Amex blue credit card.

 

[SphinxnihpS]

Originally posted by: zylander
Even if a shop is crazy to put a warranty on a used engine, its still their job to leave me with a working car as a finished product. If they tell me it will cost $2000 to fix the car than after that $2000 the car should be running in good condition and not just for one month.

Are you 16? You are starting to sound pretty naive?

 

[Ns1]

small claims

 

[jemcam]

Originally posted by: Marlin1975

Originally posted by: zylander
I have a receipt from the shop listing everything that was replaced and stating that I have a 6 month warranty on all parts and labor.

I have not been driving the car since the last incident so I have not witnessed the car misfire since.

So in other words it had 1 hicup and has not happened again. Right now you have no case. A car with its factory engine could do the same thing. Unless this is a ongoing issue the shop has still kept up with their part.

You don't even know what the problem is. Besides, head gaskets or cracked heads are NOT intermittent problems. The coolant being low could be from an air bubble. Why not try finding out what the problem is before you start being such a dick?

 

[phoenix79]

I worked in a salvage yard for a while and these used engines are regularly warranted. If the engine is bought from a reputable yard then it shouldn't be a problem for the mechanic to get a replacement, he just doesn't want to do the labor to replace it. I would agree to get an independent diagnosis done on it by another shop though. OP: feel free to PM me if you need any help.

 

[zylander]

Originally posted by: jemcam

Originally posted by: Marlin1975

Originally posted by: zylander
I have a receipt from the shop listing everything that was replaced and stating that I have a 6 month warranty on all parts and labor.

I have not been driving the car since the last incident so I have not witnessed the car misfire since.

So in other words it had 1 hicup and has not happened again. Right now you have no case. A car with its factory engine could do the same thing. Unless this is a ongoing issue the shop has still kept up with their part.

You don't even know what the problem is. Besides, head gaskets or cracked heads are NOT intermittent problems. The coolant being low could be from an air bubble. Why not try finding out what the problem is before you start being such a dick?

Exactly how am I being a dick? After having problems with the car I went back to the shop and asked him to take a look at the car. He dismissed me and lied to me. He told me the code was not for a misfire when in fact it was. He performed a shitty job, got paid and is now trying to dismiss me when the shitty job is coming back.

As for what the problem is, its pretty obvious when you have a big white cloud of burnt coolant coming out of the exhaust. If the head has a very small crack or the head gasket is bad but not seriously the problem can be intermittent, especially when the engine is cold and the metal has not expanded.

 

[zylander]

Originally posted by: phoenix79
I worked in a salvage yard for a while and these used engines are regularly warranted. If the engine is bought from a reputable yard then it shouldn't be a problem for the mechanic to get a replacement, he just doesn't want to do the labor to replace it. I would agree to get an independent diagnosis done on it by another shop though. OP: feel free to PM me if you need any help.

Thanks for the offer. Yea I pretty much knew this was the reason. I have dealt with used engine distributors before and know they warranty all their parts. Just a matter of how lame the mechanic is.

 

[Perknose]

Originally posted by: BoomerD

Originally posted by: SphinxnihpS

Originally posted by: DeadByDawn
Not doubting anything you said but a shop is crazy for putting a warranty on a used engine in my opinion.

I agree. I don't see how the hell they can, in good faith, warranty a used engine.

Yards and mechanics who get a used engine from a yard do it all the time -- usually for some reasonable time like 3 or 6 months/appropriate mileage.

It's beyond standard, because no one in their right mind would pay $1,000-$2,000+ for an "newer" engine w/o some kind of guarantee.

This forces the yard/mechanic not to palm off an obvious clunker. The mechanic listens to it, does a compression check, and checks all the seals. It's basic.

 

[Evadman]

Is this the 3.8? those blow head gaskets if you look at them funny. But the smoke wouldn't just go away once you blow a gasket, it will continually leak. It may get worse or better as the engine reaches operating temp, but the issue will persist.

Also, white smoke to you and white smoke to me may be 2 different things. A decent auto tech should literally be able to smell a blown head gasket.

 

[bobdole369]

A decent auto tech should literally be able to smell a blown head gasket.

I'm a computer tech and an EE - and I can smell a blown head gasket in the exhaust. Its sweet. And under the hood its very hot and oily.

 

[jagec]

Originally posted by: bobdole369

its still their job to leave me with a working car as a finished product.

No its not. It is their job to provide you with goods and services that which are purchased.

I don't mean to be a dick and please don't take this the wrong way - its just what little I know about the world, the US court system and our system of capitalism.

Lets say you take a car in because the thing won't run. The mechanic diagnoses the problem as "timing belt" - replaces that part and some other associated bits (gaskets and whatnot) - now the car runs - as far as he is concerned - the issue is fixed.

You take it home and a week later it stops running again - you take it back - this time its "valves" that are the problem.

Now the mechanic should have known that a timing belt will sometimes bend valves. He didn't touch the valves in your car. After he replaced the timing belt - he was done. Now you have a second problem that costs more than the first one!

However the warranty covers whatever parts were replaced, and that labor - it doesn't include the valves here.

If a mechanic replaces a timing belt without checking valve timing, you can bet that they will be fixing the valves, under warranty, with no additional customer expense. Obviously you don't know much about the world, the US court system, and our system of capitalism.

Originally posted by: MrDudeMan
Better solution: instead of buying a used engine to put in an old car, buy a used car for roughly the same price that was made in this decade that will last twice as long.

Made in this decade != reliable.

The most reliable cars of all time, IMHO, are the late 80s to early 90s Japanese sedans. Too many electronic geegaws and sensors to fail in the "modern" ones.

 

[Perknose]

Originally posted by: jagec
The most reliable cars of all time, IMHO, are the late 80s to early 90s Japanese sedans.

Well agreed! I'd go even further, and say it was early 80's ones, except that they didn't use good quality sheet metal, so the bodies would rust away. Mechanically, though, you could hardly kill them.

As a PI who regularly went into bad neighborhoods, I had a series of Corollas and Coronas and Datsun 510's that were dead simple and near bulletproof -- chain driven cams, few if any magic black boxes to die on you -- these were older mechanical designs that had been tested and perfected over time.

 

[SphinxnihpS]

500,000 miles on a 80s-90s Corolla burning oil since 100k is common. They are indestructible so long as they are lubricated.

 

[oiprocs]

Things like this reinforce my belief that I should go to law school, even if I never work as a lawyer. Being able to fight back would be great.

OP, if you've got a receipt saying you've got 6 months warranty, and the shop claims the car is fine BUT you have a work order from another shop (a reputable one...preferably you get it from a dealership...spend $100 for them to check it out and tell you it's fucked is worth it) that says the car is fucked, then you have a case.

Either find a lawyer or do the interwebz research to get started.

 

[huberm]

if the warrant was in writing you can call the insurance commissioner in your state. They will take care of the problem.

 

[IGBT]

Originally posted by: Genx87
If he wont fix it have another mechanic look at it then take him to court for damages. If he refuses to fix the problem there is nothing you can do except try to get your money back.

..:thumbsup: then take him to small claims court. if you win ask the judge to establish a deadline for action on the ruling.

 

[jemcam]

Originally posted by: zylander

Originally posted by: jemcam

Originally posted by: Marlin1975

Originally posted by: zylander
I have a receipt from the shop listing everything that was replaced and stating that I have a 6 month warranty on all parts and labor.

I have not been driving the car since the last incident so I have not witnessed the car misfire since.

So in other words it had 1 hicup and has not happened again. Right now you have no case. A car with its factory engine could do the same thing. Unless this is a ongoing issue the shop has still kept up with their part.

You don't even know what the problem is. Besides, head gaskets or cracked heads are NOT intermittent problems. The coolant being low could be from an air bubble. Why not try finding out what the problem is before you start being such a dick?

Exactly how am I being a dick? After having problems with the car I went back to the shop and asked him to take a look at the car. He dismissed me and lied to me. He told me the code was not for a misfire when in fact it was. He performed a shitty job, got paid and is now trying to dismiss me when the shitty job is coming back.

As for what the problem is, its pretty obvious when you have a big white cloud of burnt coolant coming out of the exhaust. If the head has a very small crack or the head gasket is bad but not seriously the problem can be intermittent, especially when the engine is cold and the metal has not expanded.

How can you state that he did a bad job if you don't even know what the problem is? Huh? And please tell me how long you have been in the automotive repair business.

And, no, if white smoke comes out of your exhaust two times, and cannot be reproduced it is NOT obvious what the problem is. That is being a dick, I don't blame him for treating you like he did. From his vantage point, you brought in a car that was running fine complaining of a problem that he can't see, and you are insisting on a new engine. I don't blame him, I'd blow you off too.