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

UPDATED: Aug 7, 2011

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 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.

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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