munji

Okay, last week I took my Max into the shop because it needed a water pump replacement. My mistake, I took it to a local mechanic, not the dealership. During their struggle trying to complete the job, they said they ran into complications because the timing chain jumped. Well, I got my car back after a few days. When I was driving home smoke came out of the hood so I returned to the shop and they said that it was normal and it will go away since they pulled the front of the engine apart. Then I notice a low ticking noise that increased with RPM. Once again I return to the shop, and then he tells me it's the timing belt and it will be costly. He also said that he was unable to do it and basically was not liable. I also paid $50 for the Nissan dealership to inspect it and they said it was going to be costly, initaially $500 in parts alone. They also said that So I called the mechanic that worked on my car initially, and he once again denied that the water pump replacement would not affect the timing. So for a second opinion, I called my family mechanic and he told me that the mechanic was at fault and to contact the District Attorney and the Consumer Protection Agency. How screwed up is my car now..........my Max is dead and her murderer is denying fault............

BidspayMax

Okay, here it goes...

First, I would contact your local BBB (better business bureau) and not only report the infraction but request any history of recorded complaints against this guy. If there is no previous record of complaints against this shop, it will be very very difficult, and almost impractical to pursue this civilly (i.e. take him to small claims court).

If there is a list of complaints, go for it man. File suit at your local courthouse against the shop, and fully explain, in detail, what your complaint is. You can collect for parts that it will cost to fix your car, labor, and any time lost from work, although I would leave the last part out, as it will make you appear more reasonable and believable in front of one of these small claim judges. You can bring up the fact that you didn't while giving your deposition in front of the judge, but if I was you, just attempt to collect on damages.

It is not impossible to win this in court without pre-recorded complaints, but you will have to strategize a simplistic method to offer the judge so he or she can understand exactly what you are talking about. You have to assume that the judge deciding the case has no clue what a timing belt is, or what the function of a water pump is. Make sure that you bring established professionals, (i.e. family mechanic) that can attest to the fault of the initial mechanic, but will be held as an accountable witness/expert whos testimony will be of value in court. He or them, depending on how many mechanics/experts you bring, will be the most vital part of your case, as they are the only one's, at least in the eyes of the judge, that know what they're talking about. Good luck bro, and feel free to offer any other specific details to this incident. There may be something that I'm missing, but offer us as many details as you can.

munji

Thanks for the info man...........
Actually I just got off the phone with my family mechanic, who is also an assistant District Attorney, I forgot to mention that.
He is going to walk me through the process of filing a complaint with the District Attorney's office and then he will take some initiative in my case being that he works in the consumer protection division of the DA's office. I'm feeling better, but sorry for that mechanic. I hope that all goes well, I'm really freakin out over here.

BidspayMax

Hey, that's pretty fortunate that the family mechanic is a lawyer...Don't see that too often, lol. But just to clarify something real quick, you won't be filing a complaint with the DA's office, as that is for criminal proceedings, you will be filing suit with the Clerk's Office at your local court house, just a little FYI.

Good luck bro, I hope it turns out for you. I'm in a bit of trouble myself with my car too, so I definetly feel where you're comming from. Take care.

munji

Thanks for the helpful information man, I hope everything goes well with your ride also.

Redcivic

How can that idiot say that he had nothing to with it if they admitted the timing belt "Jumped"?

munji

Well the thing is that he finished the water pump the first day and then he told me that his assistant struggled with the timing chain. He told me that it jumped and I gave them the number to a Courtesy Nissan mechanic, who was very helpful, and he said that had never happened to him before. So, I think it was a mistake for him to take on this job since he was not able to do it correctly. I assumed that he had done jobs similar to this before.

turbomax97

iTrader: (6)

another thing. OUR CARS DON'T USE TIMING BELTS THEY USE CHAINS

That has to have been said a few hundred times in past threads. Go sue him and then go kick his ****

StygianMax

iTrader: (8)

Wow, this situation really sucks. Best of luck!

kratz74

You do NOT need BBB history or former complaints. They will not be admitted into evidence b/c or irrelevancy as to your particular claim. Just file a small claims suit for the $50+/- filing fee after you get your car fixed. You will need the mechainc who fixed your car to testify. Alternatively get a notarized affadavit from the person who fixes your car stating what he found and his belief that the "local mechanic" screwed it up. Some small claims courts will not allow affadavits since it is hearsay (which in latin means: an out of court statement offered to prove the truth of the matter asserted). So you will have a good case if you have evidence. Otherwise save yourself the filing fee.

As stated above a DA will not be able to help you. They handle criminal prosecutions for violations of state §s. Doubtful they would know much about the judges who handle small claims cases or helpful hints. This is a negligence matter ripe for civil court (equity or law). You need to prove (1) duty owed, (2) duty breached, (3) proximate cause and (4) damages.

One last thing. Lets say you win. Collection is sometimes difficult. I don't know what kind of set up this guy has but puruse the courts free pamphlet on small claims court and collection on a judgement in your jurisdiction. Good luck.

BidspayMax

Hey,

I don't want to get into a legal debate here, but former complaints filed with the BBB are admissible in small claims court. All of his other advice is sound, and well explained. Collection is a beoch a lot of the times, so don't rely on having your lump sum of money depostited into your account any time soon after the judgment (assuming that you win). If I was you, I'd go ahead and file suit. It will probably cost you 35 bucks, and the mechanic, once served, may decide to settle with you outside of court, you never know...But for 35 bucks it's worth a shot. Good luck bro.

kratz74

Well I guess admissibility could be diff in other jurisdictions. Here it is generally inadmissible. Although small claims courts tend to be much more flexible on admissibility.

You a lawyer BidspayMax ?

munji

Actually I just got back from filing a consumer complaint against the auto shop with the State of Kansas Office of the Attorney General Consumer Protection/Antitrust Division
www.ink.org/public/ksag
It is a civil court case, because this department protects consumers from desceptive and unconscionable business acts and practices.

phenryiv1

iTrader: (19)

In some jurisdictions they are admissible. Where I am from, I had to sue a landlord (pro se) and took affidavits to court because the persons were IN THE HOSPITAL. The judge would not admit them, though. He was a moron. He made tons of procedural errors. My father is a former Circuit Judge and currently is a federally-appointed mediator/arbitrator and he laughed at some of the rulings made. I still won, but the whole process was a joke.

Moral of the story? Whether it should be admissible or not, small claims judges don't always get it right. Most don't have to be educated beyond a HS degree, and many have no higher education at all. As a taking-time-off law student, I had to bite my tounge to not correct the magistrate.

About filing fees: Some jurisdictions let you file a pauper's affidavit and will waive the filing fee. I did that. Also, you might see if the lawyer/mechanic you know will represent you as a favor. It might take an hour or so, but if he is a family mechanic, yo umight slip him a c-note for his time. It is worth a shot.

BidspayMax

Nope, not a lawyer...I start my first year at Nova Law next fall, but until then I'd listen to Phenry, as he has already began classes and probably knows more than I do. I was basing my information on the fact that he would be filing suit against a business (i.e. a corporation) rather than a person, therefore, documented past grievences (by an established and reputable company, such as the BBB) are admissible when attempting to prove perponderous of the evidence, as quality of work that the business displays and has displayed in the past can be a factor into the quality of work and effort they put into fixing your car. Try it, what have you got to loose...The worst the judge can do is say "NO".

Phenryiv1: How do you like law school? I'm very excited to begin next year...What's your opinion on "how hard it is"..etc. Any advice/information would be greatly apprecaited. Thanks.

munji

Well since I took it to the District Attorney's office, I can't see how he could represent me in court, being that he works in that office. Also, I just hope civil court is better than small claims. I guess they are protecting my right as a consumer because he caused further damage to my car while attempting to fix the initial problem. As a merchant/service provider, he must awknowledge my rights as a consumer. So he didn't, and now the legal system is involved. This is my current understanding. Do you guys think that small claims would have been better than civil court?

kratz74

Small claims court is civil (which includes a court of equity)court. You have civil or criminal court. Small claims is usually categorized as a division of "civil" court where there is a maximum amount recoverable along with a few other limitations.

I am in house counsel now so I don't handle these types of matters much. Plus some states don;t allow attorney to represent people in small claims while others require corporate defendanst to be represented. Gotta love our legal system....