How to deal with my mechanic who failed to fix my car?

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How to deal with my mechanic who failed to fix my car?

He told me he would not only fix my head gasket and whatever caused my car to initially overheat. I get my car back and the next day it starts overheating bad. He gave me a lifetime warranty on the work he did and states that the parts all have their own warranty. He is saying that he now will charge me to find and fix whatever is causing it to overheat. What should I do?

Asked on August 7, 2011 Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A warranty is enforceable; if you have a warranty on the work, you can force the mechanic to honor it. Of course, a warranty only refers to to the work done, so if there is another cause of the overheating, that won't help you.

Or if the mechanic was negligent, or unreasonably carelessly, in his repairs and missed fixing what he should have, or if he defrauded you by charging for repairs he did not in fact make, you could sue him for negligence or fraud and recover compensation.

Unfortunately, under either theory above, if the mechanic will not voluntarily honor his obligations, you are going to have to sue him to force him to do so or to get your money. You could try suing in small claims court, where you can represent yourself.


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