Can I sue a car dealership for not fixing a problem that should have been fixed the first time?

UPDATED: Jul 26, 2011

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UPDATED: Jul 26, 2011Fact Checked

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Can I sue a car dealership for not fixing a problem that should have been fixed the first time?

This started back at the beginning of the year when I had a new engine replaced in my car. When I went to pick it up the car made a squealing noise so I asked them why. They told me my alternator belt was going. I was upset that I was not informed of this before getting in my car. My car began to stall about a few weeks later. I finally had time to bring it in and they had to put another engine in my car. I told them to order a new belt while they were at it. Went to pick up the car and it made a squealing noise again. When asked they told me the belt was bad. My car still stalls…

Asked on July 26, 2011 New York


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You can sue a car dealership for not fixing a problem that should have been fixed when you first brought the car in for repair. Whether you win the lawsuit or not depends upon you establishing your burden of proof.

From a practical point, you should bring your vehicle back to the car dealership and explain that the problem is still not fixed and see what it will charge you for the hopeful correct repair due to continued problems with the car after a new engine was put in. If a new engine was put in the car which you paid for, there shoukd have been no problems immediately with the engine after you left the dealership.

You should insist that the fix should be gratis. If the dealership refuses your request, you might consider contacting your state's bureau of automotive repair about the apparent deficient repairs to your vehicle and the dealership's refusal to make good on the work you did that you paid for.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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