Legal Question in Consumer Law in Massachusetts

About 4 months ago my car started having transmission problems where it would not shift when it was cold, my coolant was a brown milky substance and it would over heat. After numerous quotes from dealers and repair shops I finally found a garage that could fix it. I was told by the shop owner (Steve) that my car would cost $2,500.00 which included labor and the new parts needed. I agreed on the price and was explained the diagnosis. My car went into the shop mid December 2011 and I received the car back Janurary 3rd 2012. Upon paying for the services the coolant in my car was not replaced nor was the car radiator and other tubes flushed where the bad coolant runs through. I asked the Steve why it wasn't flushed and in response was told "we don't have the equipment to flush your system". The next day I took car to another local where they could flush my car and was told that "who ever fixed my transmission should have absolutely have cleaned your tubes before contaminating new parts". I was charged over $200 for a system flush and new coolant so thought my car was finally fixed...The next day I started my car and notices it STILL wasn't shifting! I called Steve to complain and was told to bring it back so he could " try something else" after about a week another part was replaced and I was not charged anything because the Steve said it was his mistake for not fixing it the first time. So again the next day or two I started my car it still wouldn't shift, my coolant was brown again and it over heating. I don't know what to do now because im still back at square one and out $2,500. What do I do now because I can't get my car to Steve' shop without it being towed and I DO NOT feel confident that my car will be fixed properly after so many misdiagnosises. My brother called Steve yesterday to explain the problems it still having and to work out a tow, but Steve said "it's out of my hands"! Do I sue him for my money back?!! Help please!!

Jessica


Asked on 1/28/12, 11:56 am

1 Answer from Attorneys
Georg LaBonte Law Office of Georg C. LaBonte

I'm sure you've received plenty of answers by now, but I'll chime in too.

You could quite possibly "sue" Mr. Steve, and his repair shop, to either 1) complete the repairs; 2) a possible refund; or 3) you could use another repair shop, and seek reimbursement from Steve to pay the new repair shop.

As far as the process goes, you don't immediately sue Mr. Steve. First, if you retain an attorney, a demand will be sent to Mr. Steve, and negotiations on possible settlement could be reached. You could seek further damages beyond the $2,500.00, and under MA chapter 93A you could seek double or treble damages.

That aside, you're looking at a potential settlement of $1,000 (if some work was actually done properly) to $3,000 maybe $4,000. If you retain an attorney on contingency, you will not have to worry about paying the attorney, unless he gets you a settlement.

If you have any other questions please feel free to contact my office.

Regards,

Georg C. LaBonte

617.458.6593

www.thelifetimelegacy.com

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Answered on 2/01/12, 7:16 am


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