When should repairs be madeunder a car guarantee?

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When should repairs be madeunder a car guarantee?

My son had the engine replaced in his car. We payed $2500for it. It came with a 12 month , 12,000 mile guarantee. He took it back to have the oil changed after 500 miles as suggested by the mechanic. The mechanic told him it had no oil left in it and that the engine had an oil leak. They wanted to charge him to fix the leak. He didn’t have the money at the time. So he drove it for the next 3 months, checking the oil and adding as required. The engine started knocking so he shut it off and called the mechanic. They towed it in and fixed the oil leak. Now it needs a crankshaft kit and the mechanic wants my son to pay for it to a tune of $1500, because he ran it low on oil. My argument is that he should have fixed the oil leak in the beginning. If he had there wouldn’t be any problems now. It is still under the guarantee. Do we have a case ?

Asked on October 26, 2010 under General Practice, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You have a case for something but I am really not sure how it will bode for you.  I agree that the original leak could have been covered under the warranty given and that the mechanic was probably trying to pull a fast one on a young kid.  But it may be hard to prove that he did not do additional damage to the engine by driving it with the crack.  He will have to testify how often he checked it, added oil, etc.  Receipts may be helpful and if he went to the same place every time there might be a witness to his story.  My other concerns her are what exactly is covered by the warranty?  All engine parts?  And you realize that you will need an expert on your side to testify as well.  This could be very long and drawn out.  Seek consultation in your area.  Good luck. 


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