Legal Question in Consumer Law in Georgia
I took my car to PDQ oil change and one day after oil change the engine of my 2008 Toyota Solara blew up. I towed my car to Toyota of McDonough in which they informed me my car had no oil filter on it. PDQ's insurance company paid $4086.71 to have a rebuilt engine installed. Before installation was started Toyota offered me to upgrade the seals and gaskets. I agreed to have a rear cover gasket, head cover gasket, water pump assy and a few other seals and gaskets replaced for an additional $757.85 which I agreed. When picking up the car I asked what the warranty was and the service rep said 6 months and wrote that on my receipt. 4 days after picking up car my wife was driving down the I75 highway and the check engine light came on and the engine started sputtering she move over to the emergency lane and the car stalled. I had the car towed back to Toyota of McDonough and they said the engine was blown. I told them car was under warranty and General Manager Mike Neves said it was our fault that we drove an overheated car, he said that the thermostat tab was burnt and that voided the warranty. We had no indication that the car was overheating and if it was overheating why did this occur 4 days after they supposedly fixed the car. I called the corporate office and a claim was made. I heard from corporate today 08/15/14 and they said Toyota would pay for half the labor $1400.00 and I could pay the other half of the labor and the replacement engine. I am now out of $4844.44 and a car. I took my car to Toyota because I believed they would be best to fix my car. I have owned over 5 toyota's over the last 15 years and have three toyota's in my yard right now. I cannot believe Toyota does not honor their warranties and treats loyal Toyota customers with such disrespect. I need your help in getting resolution of this issue. Do I need to call a lawyer?
1 Answer from Attorneys
It is incomprehensible that you did not pursue PDQ for the repairs. You can also sue the dealer (not Toyota!) if the dealer messed up. Since both of these cases would involve thousands or tens of thousands in legal fees, you do a short consultation with a lawyer to prepare your pro se filings in Magistrates (Small Claims) court. Bear in mind Toyota has no responsibility for it dealers.
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