When should repairs be madeunder a car guarantee?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 13 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. 


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption