What can I do if my car enginefailed after a major service?

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What can I do if my car enginefailed after a major service?

I bought a used car from a dealer a little over 1 1/2 years ago. This car was dealer certified and I also bought extended warranty to be safe. After a year of driving this vehicle, I took it to an authorized service center for scheduled maintenance and to investigate some noise in the front passenger side. They suggested changing the engine shaft and belt. I went ahead and did this plus had to pay around $500. However since this I have had reoccurring major engine failures and the most recent failure broke my engine. Can I take any legal action?

Asked on June 3, 2011 under General Practice, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Ths issue is, did the maintence or service cause the problems or not? If it did--if for example, the maintenance was performed negligently, or something was actively broken while the car was being serviced--you could sue for the losses you've suffered (e.g. the cost to correct the problems and repair the car). If, on the other hand, the maintenance did not cause the problems, but instead the problems arose coincidentally or  independently afterwards, there is no cause of action since there is no fault. It will come down to what happened, and what you can prove (if you sue, you have to prove your case.) You may wish to take the car to a different service station, both to repair it and to evaluate, if possible, what caused these problems. Good luck.


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