Legal Question in Consumer Law in Georgia

A car damage dispute with a nationwide car service:

I took my 1997 Acura to a repair shop to have an oil change and car inspection. I was charged $700, which included cost for new break system and $20 for a full car inspection.

After the service I drove only 33 miles when white smoke began to pour from the hood. I pulled over immediately to discover that the radiator was cracked. The car engine had overheated causing the coolant pressure to crack the radiator.

I towed the car back to the same shop believing they were responsible for causing or overlooking a problem. Their mechanic claimed that it was coincidental and the coolant overheat was caused by a bad thermostat that he could not detect during inspection. Next, I had to replace the entire cooling system at the cost of $700 additional dollars. This repair was performed by the same mechanic.

After the second repair I drove only 2-3 miles when the car engine began overheating again causing more smoke to pour from the cooling system. I immediately drove back to the repair shop, a nationwide corporation, with hundreds of stores all over the country.

Now they tell me the car engine is dead as the head gasket got cracked letting coolant mix with the engine oil.

My question is whether they are responsible for the damage by missing these defects during inspection. They missed it twice.

Am I entitled to get full refund for the expenses I incurred plus the car�s market price?

Are they responsible to at least fix the engine so that I can have a functional car?


Asked on 3/18/14, 9:52 am

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Proving that they caused the additional damage would require you to obtain an expert to examine the car, and then likely sue. It will cost you more than an engine. And since you kept bringing it back there, you lack any proof for a claim. Absent that expert, your best bet is to set a realistic goal. They are not buying you a car. They are not fixing an engine. Likely their disclaimers on their forms do not make them liable if they don't see a problem.

So here's what you do. You already know you've found a lousy mechanic. Research reviews and find a good one. The chains often employ bad people. Some are better than others. Pay a good mechanic to do a diagnostic. You may not even need the repair that is suggested. Armed with that report, meet with the manager of the location. See if they will give you a partial refund. Since most chains are franchises, the "parent company" is not likely to help, but look up the CEO's office, find the phone number for him (not an underling) and call politely. Maybe they'll help a bit. Do make a complaint with the Georgia Office of Consumer Affairs and Better Business Bureau. Some companies do not want an unresolved complaint and may respond; some won't. But whatever you do, stop using a bad mechanic.

You got ripped off on day one. An oil change and brakes don't usually cost $700. That was your red flag. At best, you might win some of THAT back with the complaints. But legally nothing in your post, without an expert teardown of your car, is going to be a legal win. And that is costly.

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Answered on 3/20/14, 8:41 pm


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