Legal Question in Consumer Law in California

who pays for towing when car brakes down 5 weeks after repair?

My Fiancee had a new clutch built in, it cost him $ 1,100.00. After 5 weeks the car breaks down in the middle of the night. Car had to be towed to the shop who did the clutch job. Work still under warrenty. People at the shop keep telling the car is ready the next day, but it never is. So, he is without a car, has to be inconvenienced to find rides, had to cancel christmas plans since car was not done as promised. Who has to pay for towing cost and does the auto shop also have to reimburse for a rental car, even if he did not use one? I would appreciate an answer. Thank you for the effort.


Asked on 12/24/00, 5:49 am

1 Answer from Attorneys

Ken Koury Kenneth P. Koury, Esq.

Re: who pays for towing when car brakes down 5 weeks after repair?

His rights under the warranty are defined by the warranty. He needs to read it. If the warranty does not provide for towing and rental car reimbursement, he can try going to small claims court and argue that the repair was negligent or that some other duties was violated by the shop. The result will probably depend on the reason for the breakdown. If you can prove that the breakdown was caused by inappropriate repair, he would probably win.

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Answered on 12/27/00, 2:36 pm


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