How does one sue a mechanic?

Hey all,

Has anyone had the luxury of suing a mechanic before?
Concerining our 98 chevy siverado 2500
with a vortec 5.7 350


We have gotten word from a second mechanic that there is no
compression at all in number six. He says we pretty much have to get
a new motor put in. In the meantime the previous mechanic kept telling
us it was timing at first put in a new timing chain and gears, then went to injectors four of them, then saidit was the fuel regulator, and changed all of these before he finally gave up. One stop at this next mechanic and he is saying there is no compression after the first mechanic said compression in all cylinders was good. So how does one sue the first mechanic to get the money spent back for the motor needing to be put in?

The above cost us 2500 and for another 500 we could of had a new
motor put in complete.......... :(

Please let me know if you have knowledge of how to do this.

Thanks,

Rascalman

I wish I knew how to sue one. I went in with a small coolant leak and left with all 4 valves bent and no compression on all 4 cylinders in my old honda.

Yep, mine was pretty much exploretory mechanicng and all he had to do was
a compression check at no more than a 100 dollars and we would of had a new motor by now..................Now we have to save up another month and then get one.........Some are very good and we had one where we lived and wish we had just towed it to him........


I wish I knew how to sue one. I went in with a small coolant leak and left with all 4 valves bent and no compression on all 4 cylinders in my old honda.

My first thought would be small claims court. Most of the time they only do cases under $3000 (or so). You are your own attorney and their are theirs. It's litteraly like the court cases you see on most daytime tv. You may even be able to bring the other mechanic in as a whitness to explain how easy it was to figure out.

If you win, great. If you lose, your out your time, but not any attorney fees.

Google's Results (http://www.google.com/search?num=100&hl=en&lr=&safe=off&rls=GGLG%2CGGLG%3A2005-37%2CGGLG%3Aen&q=small+claims+court)

My first thought would be small claims court. Most of the time they only do cases under $3000 (or so). You are your own attorney and their are theirs. It's litteraly like the court cases you see on most daytime tv. You may even be able to bring the other mechanic in as a whitness to explain how easy it was to figure out.

If you win, great. If you lose, your out your time, but not any attorney fees.

Google's Results (http://www.google.com/search?num=100&hl=en&lr=&safe=off&rls=GGLG%2CGGLG%3A2005-37%2CGGLG%3Aen&q=small+claims+court)

This is pretty much on the mark. The dollar limit probably varies from state to state or maybe even county to county. Go to your local court or the local court that has jurisdiction where the shop in question is. A lot of the local courts have a package of instructions on how to file a small claim. If they don't have that, the court clerk should be able to direct you.

Good luck.

You will need an expert witness to back up your case in court, forget about what you see on tv.

If you think the mechanic screwed you over, wait till you get a lawyer.
Anyway, I'm of the opinion that its always best to take to a dealer for repairs. At least when theres a problem, they are more inclined to resolve to the best satisfaction of all parties involved as they don't want their franchise pulled by GM

Your first mistake was not going to a factory trained and certified TECHNICIAN.
Second mistake was to keep OKing the additional repairs.
You have done more research into sueing him than you did in finding him.

Best bet is to get all your documentation in order and go to small claims court and the BBB

Your first mistake was not going to a factory trained and certified TECHNICIAN.
Second mistake was to keep OKing the additional repairs.
You have done more research into sueing him than you did in finding him.

Best bet is to get all your documentation in order and go to small claims court and the BBB

Well Merlin, retro spec is always good after the diagnosis and not knowing the full circumstances easy to judge but thanks for the latter info will do. Now that I have your attention though a compression leak test was done and number six has no compression at all. What is the cause of that if you know?

Bad valve, worn piston, cam, if there is no compression through the whole rotation what can this indicate?


Best regards,

Rascalman

I agree with Merlin. Always go to a factory trained and certified GM tech. They know your truck best. Sure they cost more but whatever money you save by going elsewhere, they usually end up costing you more money in the long term.
As for the no compression, it could be anything, you'd have to do a diagnostic test. If it's a high miler, I'd just get a rebuilt engine. No use doing the top end and then having the bottom end go out a little later.

A leakdown test will most likely reveal the problem more so than a static compression test.

a dead miss on a v-8 is still a vehicle that is drivable if it has no other issues. you mentioned that you should have had it towed to someone else. was this truck not drivable?
no compression at all is not real common. low compression is. with the valves backed off on #6 and shop air applied it should be obvious where the compreesion is going. a broken valve spring is one possibility. it is even possible that it would not show on a compression check (low r.p.m. cranking)
breaking too the point later of holdin the valve open.
i am not sayin this is the problem, it is a possibility . too have any success in a court room you will need all your ducks in a row, you will have too be able to document the eng. condition.
you never stated the milage or the symtoms but it sounds like more than a dead miss. i don't think i would be looking to sue anyone until you find the actual problem.

agree with small claims and BBB

make sure you do the following.

one: get at least two shops to do a test and check compression. preferably dodge for the next one since you already got a second opinion

two: visit the first garage and explain what the deal is. dont argue or shout threats. explain what you have found from other shops and ask why he made the repairs (and why if he explained why the repairs were necissary)

third: send him a letter with your claim and request that he respond in 2 weeks with his decision to handle the situation

fourth: have all your documents and copy them, have 4 sets of each paper

fith: all things you mail have them certified

sixth: ask teh other two shops you went to if they can write you a statement explaining why the things shouldnt have been replaced and that they found no compression.

seventh: make sure you send copies to the first shop of all your paper work.

eigth: send a final request and mention you will be taking to small claims if the situation is not resolved in a timely manner and if your expectations are not met.

thats all you can do unless you wanna dish out 2g's for a lawyer. you can make that back up in stress and etc.. but it hink your best bet is small claims

A note of caution, if you do take him to small claims court and he decides to have a lawyer defending him and perchance you lose your case, you stand a very strong chance of being counter sued by the mechanic and end up footing his legal bills on top of it. That would add insult to injury. I'd just cut my losses and chalk it up to the experience. About the best course of action is to lodge a complaint to the BBB. That way he'll be on record and if someone else inquires as to his service reputation, his file will be flagged and hopefully someone else wont get fleeced.

My bro-in-law has a small repair shop and has been sued on more than one occasion. I can tell you he very seldom loses. In order to win you will need to prove the original mechanic intentionally tried to rip you off. The mechanic will say the compression was fine when he checked it, something must have happened after you left his shop...you will have to prove otherwise. He will contend that all the other stuff he did was to try to fix the problem...again, you will have to prove otherwise. Your best bet might be to calmly discuss the situation with him and try to negotiate a compromise of some sort. Good luck.

A note of caution, if you do take him to small claims court and he decides to have a lawyer defending him and perchance you lose your case, you stand a very strong chance of being counter sued by the mechanic and end up footing his legal bills on top of it. That would add insult to injury. I'd just cut my losses and chalk it up to the experience. About the best course of action is to lodge a complaint to the BBB. That way he'll be on record and if someone else inquires as to his service reputation, his file will be flagged and hopefully someone else wont get fleeced.

First-You can't use lawyers in small claims, only civil cases.Second- I have been sucessful in winning against a GM dealer service dept. in small claims.I used a unusal strategy. I got my truck back and there was no improvement after a $460.00 bill. They said I had low commpression in #5. I did a leakdown test and all cylinders were fine. So I cancelled the check, and let them sue me, I won no problem. It's not who is right or wrong, it's who can play the game better. A bunch of useless pictures and documents looked impressive to the judge (but it wasn't).

In reading this thread so far - I've noted a number of comments that are not correct - and a number that appear far more accurate. Some conditions are based on the state you are in. In Wisconsin as an example - our county has a negotiator. ALL small claims cases meet at the courtroom and then are sent to a negotiator (manditory). The negotiator is designed to explain, referee, and educate and guide both parties. A significant number of cases get resolved at that point (and the negotiator WILL explain the weaknesses of one side or the other - very directly and very specifically). Some other states also have this process.

Secondly - attorneies in small claims are often allowed - but the judge is required in those circumstances to "favor" the one without the attorney when it comes to explainations, and providing more balance to the process. Small claims is focused on not having attorneys involved - focused on faster decisions - but still wants and desires verification from outside specialists.

You DO NOT HAVE TO PROVE intentional harm to win. This is foolish. If harm is done by a service professional and he took money for it - he can be found responsible for his actions (whether intentional or not).

Being counter-sued is only the case if you slander or libel the other party intentionally and willfully with known inaccurate statements or publicity. And in small claims court - you can't be sued for legal costs that are not required (like attorney fees - because attorneys are not required for small claims).

Lastly - you need to be much more prepared than you currently are. One of the earlier posts was pretty good as far as a list of things to consider. My number one suggestion - would be to go to a third mechanic AND DO NOT EXPLAIN OR COMMENT on the first two mechanics - you want a BLIND opinion - have them write up a bid or estimate and explain what is wrong on the estimate (STILL - YOU HAVE NOT EXPLAINED ANYTHING to them). Expect to pay them for this estimate - in fact - insist on it - it is only fair to the mechanic - and it shows the status of expert witness this way (and I don't mean giving him $5.00).

Once you have this estimate/opinion - make a copy of it without the letterhead or mechanic address/phone or identifier - make it so the estimate and description shows - but no one can know who did it. Now - you're ready to go back to the first mechanci and talk to him - explain what the second mechanic found - then show him the written (but hidden) estimate of the third mechanic. No accusations, no yelling, don't claim he doesn't know what he is doing. Claim he did it wrong or missed - there are a dozen reasons why he missed it or made a mistake - you don't benefit by representing him as anything but human.

Lastly - remember that there are many viewpoints - be firm - but be prepared to listen to all the mechanics. Some here want to tell you what you "should have done". Quite honestly - whether they are correct or not is of no consequense now - you have to act from where you are currently at. Be especially listening of what the 3rd mechanic tells you - ask smart questions - but don't explain "the story" until after he has rendered his opinion and estimate - you want an impartial witness - and expect to pay the witnesses if you need to take them to small claims court - its only fair.

White, great advice, just came out of small claims in NYS as an expert witness and we won $4,600. Just have to know the process, what the court requires and in an auto repairs related case, an expert witness is key. Yes, in NYS lawyers are permitted but not usually used.

To win you will have to have the engine torn down and take pictures to prove it. A judge is smart enough to view pictures.
I took a customers caddy out for a test drive a piston blew at 30mph normal driving. He wasn't to pleased I can tell you that. Problems do happen.