Legal Question in Consumer Law in Tennessee
car repairs
I am serious about taking a shop mechanic to small claims court for not fixing my vehicle. I paid $795.74 to have what ever they identified as needing to be fixed. I picked up my car and discover after about 4 blocks of driving that the same problems existed. Upon struggling home with my car, I notifies the car dealer mechanic about my problems. Now they are asking for $161 for original Honda parts for my Honda Accord LX, 1993 to replace new off brand spark plugs and wires that were put on my car this past Feb 04. I believed I have a case because my car is still not working due to their misdiagnosis and now they are still guessing and the only excuse they are providing me is to replace new sparks plugs and wires for Honda original parts.
please advise.
1 Answer from Attorneys
Re: car repairs
At present, it is your word against a mechanic's, and a judge will assume a mechanic knows more about cars than yuo do. Therefore, you need to generate evidence by having the mechanic specify in writing that he wants to change your spark plugs and wires. Then you will need to have written proof that you installed new ones in February. Next, you will have to take the car to another mechanic and have the new mechanic specify in writing (1) what is wrong with the car, and (2) whether a reasonable person as a mechanic would have discovered that problem with the last inspection. Winning a court case involves which side can put on more persuasive evidence.
Mike Guth
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