Legal Question in Consumer Law in Alabama

I am being screwed by a mechanic...what can I do?

I recently had my truck's transmission rebuilt (09/21/01) by a local mechanic (1). The cost was $1000.00.

On 10/16/01, I had the truck serviced (oil change) at a local ''express shop'' (2).

On 11/22/01, my truck's transmission ''seized'', and stranded me on the inter-state.

Upon inspection, the owner of shop (1), who originally ''repaired'' my transmission, told me that there was no lubrication in the transmission; yet there was no apparent leak.

A representative of shop #1 (''repair'') contacted shop ''2'' (maintanance) to discover what recent report on service for my truck had been documented. The report from shop #2 indicated that the fluid level for the transmission of my truck was normal on 10/16/01.

Therefore, the shop #1 claims no fault for the recent mechanical failure in my transmission on 11/22/01. The owner claims that the damage to my truck's transmission is a result of malicious intent--not negligence on his company's part.

I find it very difficult to believe that my truck was sabotaged...therefore I must assume that either shop #1 or shop #2 is responsible...

Where should I turn from here?

--SS


Asked on 11/26/01, 10:09 pm

1 Answer from Attorneys
Jon Lewis Lewis, Feldman, & Lehane, LLC

Re: I am being screwed by a mechanic...what can I do?

The problem you have is that you are only talking about $1,000.00. I would write a letter to both shops and send them via certified mail to document what has happened and demand that one of them repair your vehicle. One issue is whether or not either one of them warrantied their work and what, if any, forms you signed. If that does not get their attention, you might want to ask them if they are interested in either arbitrating or mediating the case. Your last resort is to file a small claims case in district court. If shop #1 will testify that shop#2 maliciously damaged your vehicle, you might be able to prove a fraud case against shop #2, but that would be very difficult.

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Answered on 11/27/01, 9:47 am


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