Damages to the car at mechanic: Can I take him to small claims court?

Question

I took my Toyota Sienna '06 to a mechanic to replace a timing belt. Not a family garage - a chain. It took them twice longer than usual to do the job and they returned the car saying everything was ok. I had to come back three more times due to squealing belts. On the fourth time another problem occurred and I demanded a refund. They agreed. However, the mechanic at Toyota dealer found a few damages, which potentially could lead to the timing belt damages and as a result the car stall or worse. I want to take them to the court for lying to me and putting my family's life in danger - can I go through small claims court given that the current damages were not significant, but potential damage could be disastrous?

Answer 1

Life in Danger is not part of engine work on belts. Fuel systems yes, brakes yes but no life threat with mechanical issues. Now lets talk about your right to sue. YES you do. However before reading to some lawyer keep in mind most will tell you small claims court case not trial court. too small a case. Is it needed? Not necessarily. Many people don't think to go over the head of a service writer or in some cases the shop itself and contact cooperate of the large business. They DON'T like bad publicity at all. that is bad for business and often they put serious pressure on the dealer to make you happy period! Small claims filing will cost you aprx 100 bucks or more and I don't believe you can recover that most times especially if you loose. Talking to the manager of the dealership( if where taken) will usually do the trick especially if you ask if you will need to contact corporate to get this resolved.

Answer 2

You can't sue for "potential damages"



The purpose of a civil lawsuit is to "make whole" meaning replace what you lost. Perhaps you'd have a valid case to sue for the cost of repairs by a certified shop and maybe the cost of a rental car while you wait, but you can't just tack on extra money for "possible damage" or "putting your family at risk" when neither of those have actually occurred or caused you any loss.



You will need stone cold solid proof that the previous mechanic caused the new damage. If they simply did the repair incorrectly - thus leaving your car in the same damaged/worn out condition it was already in, then you don't have a case. Maybe you could sue for a refund, but they already gave you that so there's nothing more you can ask for.

Answer 3

If you want to make an attorney rich or richer I should say, it does no good trying to sue.

Answer 4

no, he already refunded your money which is all small claims will make him do



get over it and move on