Legal Question in Consumer Law in California

Gross negligence or fraud?

9/06 I was towed to long time

mechanic (but new management)

because gas pedal wasn�t working.

He told me I needed a rebuilt engine.

After 6 wks my car came back

making noise, shaking and stalling.

Later it developed a leak. The car

was at mechanic 5 or 6 x�s over a 7

mo period. I was told all my new

problems were due to my carburetor.

Even after replacing the carburetor, I

was told same thing. Had 2 mechs

tell me I had 2 misfiring cylinders.

Old mechanic said I didn�t and that it

was my carb. Had BAR investigate

and take pics while new mech took

engine apart. They found some new

parts, ALL the wrong size. 2 people

told me it was impossible the shop,

my old mech sent engine to, could

not know parts were wrong. Also

found old parts that were badly

worn. Told car would last max 8

more mos and I would need rebuild.

If coincidentally both the engine

shop and my mechanic were both

incompetent, wasn�t my mechanic

incompetent when he said I needed

a rebuilt? The only reason I can see

for continually telling me it wasn�t

my engine (after he got my

check for $2800), is to let my

warranty expire and then hit me for

another rebuild. I am now out of

pocket almost $8000.


Asked on 6/09/07, 7:41 pm

1 Answer from Attorneys
Jonathan Stein Law Offices of Jonathan G. Stein

Re: Gross negligence or fraud?

I am a bit confused, but I will take a shot at it. Bring the car to an independent mechanic. Have them tell you what is wrong, what is new, and what is old. Then, sue the long time mechanic in small claims court and bring the report from the independent mechanic.

Read more
Answered on 6/09/07, 9:39 pm


Related Questions & Answers

More Consumer Law questions and answers in California