QUESTION
Can I take the auto mechanic man to small claims court and get my money back?
Asked on Mar 08th, 2013 on Personal Injury - California
More details to this question:
I took my van to a mechanic in November 2012 for my transmission. The mechanic did not have it "fixed" until January 2013. Once I picked up my van, he kept stressing the fact that I needed motor mounts. I asked if I could drive it for a week until I got more money to pay for it and he told me yes. I drove my van for a few hours and the transmission started to slip. I took my van back to him and he told me it’s the motor mounts and I had to get it fixed. A couple of days went by and he called and said that it would cost $400.00 just for my parts (motor mounts) and he could order them for me. My husband and I thought that was too expensive so we called local auto stores and bought them for $283.00. We took the motor mounts to him and he "fixed" my van. He told us that he had to charge us labor, $185.00. At this point I'm frustrated but just happy to get my van back. He tells me that if the transmission acts like it wants to slip again just put some transmission fluid in it and it will be ok. Well a few hours later the transmission starts to slip again. I take the van back to him and he takes it around the block and tells me it's something electrical but the transmission is fine. He told me it would be OK to continue to drive it but just bring my van back to him on Monday, not to worry and just work with him, that he will fix it. I'm very frustrated to say the least. It’s just not safe for me and my family to ride in a car that is supposed to be fixed.
5 ANSWERS
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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When you pay a mechanic he is required by law to do a reasonable job. He is not required to guarantee perfect performance. Make sure you pay him a fair fee for every thing he does and if his work is not up to par take him to small claims (Judge Judy) court. But you will likely need a mechanic to testify he did not do a reasonable job. Your word wont likely get you anywhere.
Answered on Mar 11th, 2013 at 3:11 PM
Ronald A. Steinberg
If you can prove, either yourself or with a competent mechanical expert, that the auto mechanic made a mistake which caused your problems, then you can sue.
Answered on Mar 11th, 2013 at 3:10 PM
James Eugene Hasser
Take it to the dealership and find out what's wrong and what it's going to cost to get it fixed right. Get their opinion about whether the work done was necessary and done right. If the other mechanic messed up, you will need the dealership to testify to that.
Answered on Mar 11th, 2013 at 3:10 PM
Criminal Law Attorney serving Sacramento, CA
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Alison Elle Aleman
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To win in a small claims court, you will need some proof that the mechanic actually failed to adequately fix your car or overcharged you. You may have to take to another better mechanic, or two others, to get some written estimates. Also, never forget that (in CA at least), filing a complaint with the Bureau to Auto Mechanics can be very effective because it concerns the mechanic's licensing. Sometimes, that can get the mechanic to refund or fix the problem faster than anything else.
Answered on Mar 11th, 2013 at 3:10 PM