Legal Question in Civil Litigation in Missouri

Defective Automotive Repair Work

I paid for a transmission in a vehicle that was warrantied for a certain time period or mileage. The vehicle is worse since the rapair and has been in their shop numerous times and still isn't repaired. Do I have the right to go elsewhere for the repair, then sue them for my money back or do I need to continue to deal with them. Can I demand a new transmission and rental car for the time it take to repair. I have all dates and times the vehicle has been in their shop and other mechanics have confirmed that it is my transmission. I am needing to know what are my options legally to bringing an end to this seven months of constant vehicle failure.


Asked on 5/07/04, 11:38 pm

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Defective Automotive Repair Work

It is hard to tell what your rights are without reading your warranty. It could be a case for a breach of warranty, but then again, it all depends on what the warranty actually says. most warranties exclude "incidental and consequential damages" meaning that it would be unlikely they'd be on the hook for rental cars, etc.

Your best bet would be to see an attorney for a consultation and allow him or her to read your warranty.

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Answered on 5/10/04, 8:43 am


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