Can I Sue my mechanic for not fixing my truck? Have also heard of another type of arbitration that is not small claims for this?

Asked over 2 years ago - East Ellijay, GA

I took our family truck to a local diesel mechanic because we couldn't figure out what was wrong with it. Apparently neither could he. He told us that it was 3 bad injectors we paid him $2200.00 and it still no start.Then he told us how the computer could cause that to happen so we changed the main computer. Still no fix we eventually had our truck towed home and purchased a diagnostic tool to attempt fixing at home. I just feel that a professional should change parts like this.That's a very expensive way to fix a truck we can change parts until we get it right ourselves. I have found out through other mechanics advice now that 3 injectors showing up bad reflects a wiring problem. Not that they just went bad at same time.

Attorney answers (3)

  1. Ikemesit Amajak Eyo

    Contributor Level 18

    Answered . Yes, you can sue your mechanic. To ensure your chances of success, you would need to get written statements from the other mechanics supporting your contention that the mechanic gave bad advice. (Having one as a live witness would be even better.)

    It is possible to attempt to submit your complaint to arbitration rather than going to court (small claims or otherwise). In some instances, however, you cannot force arbitration to take place.

    Good luck.

    ~ Kem Eyo

    The above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor... more
  2. Ronald Lee Burdge

    Contributor Level 20

    1

    Lawyer agrees

    1

    Answered . Yes, it certainly sounds like it. And you should be very careful about "arbitration" because most of those processes favor the business and not the consumer. Check www.ArbitrationSucks.com for more info on that. Here's the general rules on a bad repair job and your rights. When you take a motor vehicle to a repair shop for them to do any kind of service or repair work on it, you have the right to expect the work will be done right. And unless they use special language to avoid giving you a warranty, in most states you automatically get a warranty that they are going to do the work in a "good workmanlike manner." That basically requires that they do the repair or service work right. If they don't, then you have a right to recover damages for what they do wrong or the damage they cause (or, if they don’t return your vehicle at all, for the value of the motor vehicle itself). But you first have to give the repair shop a chance to fix it or make it right. You also have to be able to prove that the reason for your new problem is something that the repair shop did or did not do while they had it. In other words, you have to be able to show that it was fault of the repair shop and they didn’t fix it after you brought it to their attention again. So the first thing to do is ask the repair shop to fix it right. Your obligation is to give the shop a reasonable chance to get it fixed and their obligation is to get it fixed. If they don’t get it fixed, or won’t do it under their own warranty, then in most states you would have the right to get it fixed somewhere else and then hold the first repair shop liable for the repair cost. If the cost is less than a few thousand dollars or so, you may be able to sue the shop in your local small claims court without needing to hire an lawyer. If the primary use of your vehicle is everyday consumer-type use, such as a family car, then doing the repair work badly may also violate other consumer protection laws in your state. But if the repair or service work was for a commercial product (like a heavy duty commercial truck), then consumer protection laws don’t apply to your situation. Because the law is different in each state you need to talk to a local Consumer Law attorney - they know both the consumer laws and the commercial laws that might apply to help you out. Because the law is different in each state you need to talk to a local Consumer Law attorney. You can go to this web site page for a Free Online 50 State National List of Consumer Law Lawyers (http://www.ohiolemonlaw.com/ocll-site/ocll-loca...) and find one near you (lawyers don’t pay to get listed here and most of them are members of the only national association for Consumer Law lawyers, NACA.net). You can also look for one here on Avvo under the Find a Lawyer tab. Or you can call your local attorney's Bar Association and ask for a referral to a Consumer Law attorney near you. But act quickly because for every legal right you have, there is only a limited amount of time to actually file a lawsuit in court or your rights expire (it's called the statute of limitations), so don't waste your time getting to a Consumer Law attorney and finding out what your rights are. If this answer was helpful, please give a “Vote Up” review below. And be sure to vote for the Best Answer too. It helps all of us understand we are doing a good job answering your questions. Thanks for asking and Good Luck.

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  3. Scott Richard Kaufman

    Contributor Level 20

    Answered . Most folks, even some judges, would get the fact that you paid a lot of money and got no fix. GA probably has a governmental body in charge of repair shops to look to. Otherwise, small claims is probably not a bad place to go, if you cannot get mechanic to refund your money before hand.

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