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Car repair gone wrong. Can I sue? & How to go about that?
 
Poster mjt910 [ Add as your friend ]
Date Apr 30, 2009 9:47am PDT
Service Car issues. How to Sue? ,
Location Auburn, NY, NY
Want referrals from Anyone
I just paid $2950 (2wks ago) for a Transmission in '00 Accord + a motor mount, and an O2 sensor. The mechanic put the wrong O2 sensor in and fixed it a second time. I paid the additional $108 for that as well. My issue is that I paid for an extended warranty. I don't want this guy to do any more work to my vehicle! My transmission started leaking again already. Called the guy today, he told me to take him to court, as he doesn't want my business at his shop again! Where can I go? He was going to charge me $2873, then after the second O2 sensor issue, the bill jumped to $3085, although was only to pay additional cost of new O2 sensor and tax on that. I still owe $135, although feel I should only pay $31 difference. Rent is due and my account is negative. He was trying to help me out by not charging me to replace the other that he had put in. BTW I didn't receive the core $ back, as he said there wasn't any. Being a recent graduate with bills and loans to pay, besides taking a loan out for these repairs, I can surely not afford anything at this point (literally). I still need a couple of repairs (tie-rod & ball joint) to pass a NYS inspection regardless.

My issue is the vehicle is leaking transmission fluid. This tells me I need a seal. Mechanic that originally did the work will not even see my vehicle. Should I get an estimate elsewhere & sue for that or try to get a refund of the platinum warranty I paid for (an additional $300)??? This Transmission is still completely covered -- It's only been two weeks! Do I contact the junkyard he got it from? I'm seriously frustrated and broke. can use some decent advise please.

I have never been sued or sued someone & have know idea where to begin. Do I need a lawyer for small claims? This is a ton of money to me and I'll be paying for this 9yr old car for the next 2 years as it is already. Someone please help point me in the right direction! I'm done doing things the hard way... Where to go from here? Already planning on reporting to the BBB. Not sure what to do besides that. Again please offer any suggestions or tips you may have and thank you for taking the time to do so!
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Sue Da Bastard   1 - -
New York, NY

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Apr 30, 2009
For amounts greater than $1k, it's not considered "small claims" so hiring a lawyer might be worth it. But then again, they'll charge 35-50% of your winnings so I am not certain hiring one for a mechanic would make sense either.

Here are certain things you can do

1) if u paid on credit card, dispute the charge. explain the situation to your credit card company. In fact, they almost always take your side if your story is honest + good.

2) report to BBB, local chamber of commerce, and yes, your local police department. you'll be surprised... some of these crooked businesses actually have arrest warrants.

3) try writing your local TV station on one of those "On Your Side" shows. write to local news paper and make sure they get the FULL story.

I think hiring a lawyer should be last thing u can do... make a lot of noise. If all else fails, just sue. Try asking here or other forums for local lawyers who might be good.
 

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