HELP! With Small Claims Case Against BAD Auto Mechanic?

Question

Hello. I am in the process of filing a claim against an auto mechanic that 3+ times has failed to fix a problem with our vehicle, did work without our permission, each time we went to get the vehicle something was still wrong with it, anyway, we have paid over $1,700 in repairs (to both them and another dealer/mechanic that had to fix their mess up). I know in the state of Indiana you can sue for up to $6,000 in small claims court, but how much am I actually able to sue for? I have actual damages of approx $1700.00, but I also want to try and recoop other monies for puntitive damages, work they should have done and didn't, work they did and messed up more stuff, I had to borrow a different car to get to and from work, etc. Am I able to sue for puntitive (or another type) of damages, or can I only sue for what I have actually paid out? THANKS!

Answer 1

You can sue for what ever you want. You will need proof of all expenses to recover the cost of them. As far as punitive damages, in CA, the court generally awards them to the auto owner. Auto shops usually get what is coming to them when they are crooked!!!!!!

Answer 2

Bad mechanics make us good ones look bad. You know they probably have lawyers, So, I would talk ot one also. There some lawyers that work what is known as, Pro Bono. Or free of charge, or at little cost. They have a way of doing things that the us regular people don't know. Once they see you have an attorney, they usually ready to settle out of court. Is always best to get all repairs in writing, and only repairs done with your permission before they do the work.

20 year mechanic

Answer 3

You can sue for anything you want. Getting it is another story. Be careful though, there are judges out there who would penalize you if you go too far. I'd think the cost to repair their mess is fair. Also the cost that they charges for unnecessary repairs. I don't think you can sue for punitive damages. They made a mistake and you should be made whole. That means you should now have a repaired car and paid out the amount that was fair to get it that way. Since you borrowed a car, you are not out anything.

Answer 4

Check with your local BBB to find out if this or these shops have any other complaints against them.If so either way file a complaint with them if you haven't done so.There is a lemon law for repair shops that I heard about that can get them into trouble for bogus repairs.And check with a attorney also to see where you stand on the shop of bad [e-mail]

Answer 5

You may be awarded $1700 dollars if you can prove that the shop did shody work. Will the dealer / mechanic testify on your behalf ? Then your attorney fees will probably be nearly $1000. Sometimes it isn't worth the effort. Now if you could prove that the faulty repair placed your life in danger you would have a better case.

Answer 6

when did the repair fail? that has a lot to do with a viable lawsuit. you can not only sue him for the cost of the rental that he caused but also for the amount of the repairs. however, it all depends on when it broke down, whether or not the parts were shoddy (he will have to sue the supplier) but in addition to that, it could be said that as a mechanic he should have more than likely been able to tell if the parts were shabby. on the other hand, the warrenty may cover the cost of the rental.

Answer 7

lets say all you really spent on him doing the work was 1700, then i would sue for 2000 but not 6000. Yes he needs to be taught a lesson but that doesnt mean you should get greedy either. I have a problem with a mechanic a few years ago and I should have sued him but i never did.

Answer 8

you can sue for lose of use as well, the judges will generally award you a certain amount per day, generally what a rental car, of a similar make or style costs per day. also, loss of use can include what you paid to insure it and a portion of your licensing. make sure to sue the mechanic personally and if he is a corporate entity, in that too.

Answer 9

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RE :HELP! With Small Claims Case Against BAD Auto Mechanic?

Hello. I am in the process of filing a claim against an auto mechanic that 3+ times has failed to fix a problem with our vehicle, did work without our permission, each time we went to get the vehicle something was still wrong with it, anyway, we have paid over $1,700 in repairs (to both them and another dealer/mechanic that had to fix their mess up). I know in the state of Indiana you can sue for up to $6,000 in small claims court, but how much am I actually able to sue for? I have actual damages of approx $1700.00, but I also want to try and recoop other monies for puntitive damages, work they should have done and didn't, work they did and messed up more stuff, I had to borrow a different car to get to and from work, etc. Am I able to sue for puntitive (or another type) of damages, or can I only sue for what I have actually paid out? THANKS!

Update: I cannot afford an attorney!!! I have paid out all our $$ to the friggin mechanic! I honestly can't and I don't know of any attorneys around here willing to give free advise.

Update 2: Please understand that I am NOT wanting to sue for $6,000!!!! I am just trying to understand what I am able to sue for. I do think that he should have to re-imburse me some for all of the times I have had to go back and forth to the shop to get the car repaired, the story is very long, but lets just say EVERY TIME I/my husband went to get our car, within 2-3 miles it was acting up again with the check engine light on. They did work without even letting us know they were doing it. I just want them to have to pay a little bit, above and beyond what we have paid out, as a penalty, so they can learn from their "mistakes" (4 times isn't a mistake, it's incompetence!!!)

Update 3: You're not completely understanding!!!! They did the repairs, didn't put them in writing! and told us about it after the fact!!!

Update 4: I have filed a complaint with the BBB, they had no other complaints, but they have had 3 other law suits against them. I wish I could explain everything they have done, it's truely unbelievable!! I do have documentation from the 2nd shop I went to (a GM dealer) that states that the 1st shop didn't do a few things correctly, I have tons and tons of documentation! I even have the hoses that they shoddy shop made YES MADE to "save money" (which we never said) that are actually drainage hoses and not radiator/coolant hoses or factory stock. This car has new head gaskets (we think) manifold sets, valve cover gaskets, intake gaskets, heater hose fittings and anti freeze, only thing is, the anti freeze lasted 3 days until it blew all under the hood! Come to find out (today) the thermostat was bad. Now, all you mechanics out there, if a car is consistantly overheating what would be the first thing you check? YEP, THE THERMOSTAT! The shoddy shop NEVER did!

Update 5: One more thing to add.....I just spoke with a local pro bono atty organization, she stated that my case is suited for small claims (which I was going to do in the first place), so I am going to file and process everything myself and will only be asking for the amount paid in "repairs" or supposed repairs for the car. Thanks!

Follow 10 answers

Answer 10

It's going to be decided on fact.Hopefully their counter claim won't prevail.I would suggest that you present yourself as a likable and intelligent person who has been harmed.

Answer 11

ask an attorney