Legal Question in Consumer Law in California

I had my car towed via flatbed AAA truck into a local Auto Repair Shop because my key would not turn the ignition. I received a call from the mechanic later in the day saying that upon his inspection, he said that I required new brakes. So, I gave him permission to repair my brakes. When I went to pick up my car the key worked properly as did the new brakes. But, as I drove down the street and into the 5 O'clock bumper to bumper traffic on the highway, my automatic transmission went haywire. It made a clunk sound and then I felt my car stop. I thought that I had been rear ended but that wasn't the case. When I accelerated t0 40 mph my car was redlining and would not shift into the next high gear. I was stuck at 40 mph on the highway while redlining. I called the mechanic and he said,"Oh, all of the goblins can get into an motor if you let it sit there." I had last driven the car a month previous to that and my transmission worked perfectly. I had just changed the transmission fluid 100 miles ago. He said that I can bring my car back to his shop and he can take a look at it and see how much he will charge me. I said "charge me??" My transmission worked perfectly before I dropped off my car at your shop. I think that he had my car on a car lift and brought it down too fast and so when my car's tires hit the ground, it caused the damage. I also believe that he knew about the damage, because I first noticed the problem while driving my car just 20 yards from his shop. His test drive would have clearly made it known. What are my rights? I am stuck with a car that I cannot drive. Can I sue him for the damages?


Asked on 4/25/13, 3:59 pm

1 Answer from Attorneys

Jacob Kiani Law Office of Jacob I. Kiani

Yes, there is no complete bar to any citizen filing suit to recover damages for harm caused to them or their property. That doesn't mean you should sue or that you will win.

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Answered on 4/28/13, 5:23 am


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