Replies: 20
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Paw Master [17073]
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Legal question about faulty mechanic work
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Jan 17, 2025, 7:44 AM
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We had a company commercial vehicle, which was running great stop by a national chain mechanic shop in Kentucky for some service. That shop installed a $25 part and the truck would no longer run. They tinkered with it for about a week and still it was dead. We towed to to another mechanic shop about an hour away. The new mechanic saw where the previous mechanic installed that part incorrectly which resulted in damaging the fuel pump. New mechanic installed new fuel pump and truck now runs great. Second mechanic took pictures and saved the damaged old fuel pump for me. First mechanic bill $2,000 Second mechanic bill $9,000 There is a chance metal shavings from damaged fuel pump are still floating around the engine somewhere and could cause total engine failure. New Cummins engine rebuild is about $40,000.
I contacted the first mechanic and asked for his insurance information so I could file a claim for his faulty work. He has refused to give it to me. What is my next step? Hire an attorney? If yes from which state. I am in SC. The mechanic is in KY. Their home office is in Mississippi.
Thanks
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Top TigerNet [29750]
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Re: Legal question about faulty mechanic work
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Jan 17, 2025, 7:56 AM
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Not sure about your legal recourse, but the moral of the story is NEVER use the national chain mechanic shops. I learned this the hard way many, many years ago when one of those shops conducted a routine check of the AC on my wife’s car and said everything was fine. They left the AC on high and it immediately made a terrible noise it had never made before. They claimed they didn’t do anything but check the system so I told my wife to take the car to another, local, mechanic and he said the unit was way overcharged with refrigerant and if left running it would blow the seals in the compressor. Then they would sell us a rebuilt compressor at an inflated price and change the seals in that one to resell to the next customer. He said it was a fairly common scam. That was about 35 years ago and I haven’t been to one of those chains since.
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Clemson Sports Icon [58124]
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Re: Legal question about faulty mechanic work
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Jan 17, 2025, 8:39 AM
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Wow. That's scary when you just stopped for routine maintenance. Far from attorney, but I would think you'd hire the lawyer here in SC and sue for damages in Mississippi. Unless they're franchises.
Keep us posted. I'd be curious to know what you have to do. Bigger question to me would be how to protect against future 40k damages??? Maybe push them to pay the truck value now? Idk.
Tiger Contractor
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Legend [7026]
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Re: Legal question about faulty mechanic work
Jan 17, 2025, 11:07 AM
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The best thing to do is mark it off as a learning experience. A good lawyer is going to bill you much more than the 2k you lost and there is no guarantee of collecting any kind of settlement.
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All-Conference [443]
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Re: Legal question about faulty mechanic work
Jan 17, 2025, 12:51 PM
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Agreed. As soon as the lawyer asks what the damages are you will realize your legal fees will exceed the damages. You can't assume the $40k replacement is going to occur as a foothold to stand on.
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National Champion [7593]
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Re: Legal question about faulty mechanic work
Jan 17, 2025, 2:11 PM
[ in reply to Re: Legal question about faulty mechanic work ] |
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He didn't lose 2k. He lost at least 9k and shouldn't be on the hook for the original 2k either. Plus towing costs. It's 5 figures.
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Freshman [2]
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Re: Legal question about faulty mechanic work
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Jan 17, 2025, 8:46 AM
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Good morning Tiger Contractor. Sorry for your troubles.
I too was a contractor for many years, with a number of larger vehicles, and had trouble with some mechanics in my day, mainly here in SC. I would pursue a case in small claims court locally, you can present your case without an attorney here in SC. I also paid attorneys to write letters twice, nothing came of that really, except more expense. Not sure how this situation works in KY, but the best I got in a judgement in SC was a refund of the amount paid to the mechanics shop that did the faulty work. That shop paid some of the judgement, but not all. I would have had to file another claim with the court and spend more time and effort for less than a grand. I just moved on.
I get it that fairness should prevail, but the system doesn't really seem to be set up for that. The case above was in 2007, still gets under my skin, hence this post. Good luck with whatever you decide to do.
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Clemson Sports Icon [58124]
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Re: Legal question about faulty mechanic work
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Jan 17, 2025, 8:58 AM
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Good info. But if I was TC, I'd want some future assurance in case the trucks engine is shot and then you're out 40k. Kinda like a car wreck with injuries.
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Top TigerNet [32283]
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Re: Legal question about faulty mechanic work
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Jan 17, 2025, 8:52 AM
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Hire an attorney from the location where the work was performed. Additionally, I would hope you have something in the form of an expressed warranty on parts and labor for the work performed.
If you hired a shadetree mechanic, you may be S*** out of Luck.
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Top TigerNet [30455]
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Re: Legal question about faulty mechanic work
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Jan 17, 2025, 9:00 AM
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Gotta lawyer up at this point. This is no matter for small claims. Unfortunately, you won't see any compensation from a case like this for years. What may end up happening is if you find the right lawyer, he may end up finding a class and going class action with this. There's likely many many more in your situation dealing with this same national chain.
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All-Conference [443]
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Re: Legal question about faulty mechanic work
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Jan 17, 2025, 9:02 AM
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Was the vehicle under a service plan with the national chain? Was the vehicle under any manufacturer's warranties that could now be voided due to 3rd party involvement? Did you receive any paperwork from either, of so, have you read thoroughly and reviewed the fine print of any hold harmless or limited liability clauses?
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Top TigerNet [32283]
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Re: Legal question about faulty mechanic work
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Jan 17, 2025, 9:03 AM
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Exactly this, as I pointed out.
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Team Captain [499]
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Re: Legal question about faulty mechanic work
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Jan 17, 2025, 9:04 AM
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If it were me, I would start by investigating the hierarchy of the mechanic shop. Who is the manager? Who is the owner? I'd get a bug in their ear. Someone above this guy's level. Especially if it is a national chain. I'm sure they'd be interested in knowing one of their franchisees is trying to screw a customer over. You may even try contact someone on a regional/corporate level since it is a national chain. They surely will not refuse your request for ins information.
I am a lawyer and my advice is that hiring a lawyer should only be a last ditch scenario. Often times in situations like this you end up paying the lawyer more than what you recover (unless they're willing to take it on a contingency fee, which is doubtful here). If this is a national company that does business in SC you MAY be able to sue them in SC with an SC lawyer, but further legal analysis would need to be done there to be sure.
I definitely would not give up on this...that is what the mechanic is hoping. Again, I would start by going above his head. If you happen to have a lawyer friend or family member, they may be able to help write some nasty letters to get things started.
BTW, the new mechanic is your best witness here, so make sure you keep an open line of communication with him and maybe ask for a statement.
Good luck.
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Varsity [149]
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Re: Legal question about faulty mechanic work
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Jan 17, 2025, 9:05 AM
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I would try to find the regional manager for the national chain, and then the person above them. I would also file a complaint with the BBB, write a review on the website for that location, and see if they are subject to any state licensing boards. I had a lawyer advise me to go this route with a deadbeat general contractor that wouldn’t fix a code violation. He snapped to it when the complaint was filed with the state licensing board.
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Oculus Spirit [39533]
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Next Step is You Post His Personal Name and Business Name on TNET
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Jan 17, 2025, 9:23 AM
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and let TNET Justice reign. Push the TNET Cancel Culture Button Bruh
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Ultimate Tiger [33092]
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it is very hard to win these things, The biggest part is your new mechanic
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Jan 17, 2025, 9:30 AM
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must be willing to testify as an expert that the 1st mechanic was wrong. most will not get involved in court cases.
i hope the new mechanic is willing and that he has better/more certifications than the old mechanic.
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1st Rounder [671]
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Re: it is very hard to win these things, The biggest part is your new mechanic
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Jan 17, 2025, 1:18 PM
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get Marissa Tomei to testify.
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Orange Immortal [68964]
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Most garages have shop keepers liability insurance***
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Jan 17, 2025, 11:00 AM
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1st Rounder [671]
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Re: Legal question about faulty mechanic work
Jan 17, 2025, 1:17 PM
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I know nothing about mechanics, but I know if you hire an attorney he's the only on that will win.
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TigerNet Champion [119020]
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Re: Legal question about faulty mechanic work
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Jan 17, 2025, 1:24 PM
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if that were the case, arounnies would nto stay in practice very long. We threatened to sue a dead beat client with our lawyer over the summer, cost us 2.2k to collect 20k, and we got his fee paid to us on top of it. The only person who lost was the dead beat client.
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TigerNet Champion [119020]
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for that kind of money
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Jan 17, 2025, 1:22 PM
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absolutely hire an attorney, but also understand that the second mechanic possibly has an agenda and made 9k. They very well both could be full of it.
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Replies: 20
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