How does one sue a mechanic?

[skipr]

Originally Posted by tykrz

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).

[White Lightening]

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.

[maxwedge]

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.

[rhandwor]

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.