Legal Question in Consumer Law in New York

Repair shop broke my car transmission

An auto repair shop broke the transimission of my car. The owner of the shop attempted many times to fix the problem but did not. I brought my car to another mechanic and he successfully fixed the transmission. Will I be able to take the repair shop to court for the amount it had cost to successfully fix the car? If so, what steps should I take?


Asked on 6/27/08, 7:14 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Repair shop broke my car transmission

Yes.

First, a demand should be sent by certified mail to the repair shop that broke the transmission. The demand should contain a copy of the paid receipt from the mechanic that fixed the transmission and the demand should ask for payment.

Second, if the mechanic fails to make payment, and the amount is under $5,000, you should commence an action in small claims court. To prove your case you should have the second mechanic testify on how the first mechanic broke the transmission and how the transmission was fixed.

Mike.

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Answered on 6/30/08, 1:48 pm


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