Legal Question in Business Law in California

I have a small claims lawsuit against an auto repair facility.

They were supposed to replace my engine on Nov. 10, 2011. I paid $2207.00 for an engine , radiator, etc. They damaged the vehicle, and I took it back. They did not identify the problem, a broken heater control valve.

The repairs were under a 90 day warranty. Well, within one week that engine blew out. I returned the vehicle for repairs. Had a $425 tow charge and $172 for valve. The had the car for 53 days, returned it will a damaged battery and I had to pay them $80 for a new one.

I filed a complaint with the Department of Automotive Repairs and file suit in small claims court.

I took the vehicle to Ford Motors and they identified around $800 dollars of engine repairs, including leaks and an oxygen sensor. They say it could be more. I paid them also $175 dollars.1,590.00. $100 dollars a day for loss of income for 53 days or %5,300.00.

It exceeds $10,000.

Well, the Auto Repair investigated and found that the repair shop never got signed authorization and they are citing them for violations.

They have agreed to pay the $2207.00, which is the only thing covered under the Department.

Does the case seem one to settle or to proceed with in Small Claims Court?

MY additional costs are 53 days rental car, from private party @ $30 a day or $


Asked on 1/25/12, 2:54 pm

1 Answer from Attorneys
Glen Fleetwood Mister DUI-800-468-2-502

No one can answer a question with vague assertions, such as "They damaged the vehicle, and I took it back.".. It usually means there are facts you don't want to specify because they hurt your case. Be specific, dates, times, damage, how you know they did it...

Normally you do not get rental car costs for the time your car is being repaired, unless it is a car accident case, and you were the one hit. YOU WILL NEVER get loss of income for 53 days, or 2 days. Not part of damages in a dispute over car repair. Tow charges are iffy, you could get it, but doubtful.

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Answered on 1/26/12, 8:55 am


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