View Full Version : Suit for faulty auto repairs
WMorg555
Oct 21, 2010, 08:21 PM
What do I need to do to sue an auto repair shop for paying to fix my car and the car is still not fixed? My car started overheating while I was out and I called a tow company from the yellow pages to tow it to their shop. They replaced the radiator, thermostat, hoses and clamps and charged me $1100. A week later my car started overheating again. The problem is that they did the repairs without telling me they were going to do this because I would have told them I just had all those parts replaced 8 months ago. It appears they didn't check to see what was wrong, they just swapped out parts and said my car was fixed. What do I need to do to sue them for faulty repairs?
joypulv
Oct 21, 2010, 09:59 PM
Suits like this are Small Claims, but I'm not sure you will win. I can't believe you never told them about the recent repairs for the same problem! And a new radiator? When you have work done on a car for any reason, you need to spend some time discussing the history, the problem, and what your limits are. You have them call you if they find more than a certain set of problems - even after just the thermostat.
Anyway, have you talked to them about the car overheating again? That's your first step; take it in ASAP and just say that they didn't find the real problem. Do not leave until you are in agreement about what they will do next and if they consider it no charge.
Techsam
Feb 25, 2011, 08:54 PM
If you did not agree to the repairs and signed NO estimate approval then you are off the hook, AMVIC is the governing department you should be filing a suit through and I am sure you will get all your money back.
JudyKayTee
Feb 26, 2011, 08:30 AM
If you didnot agree to the repairs and signed NO estimate approval then you are off the hook, AMVIC is the governing department you should be filing a suit through and I am sure you will get all your money back.
This is incorrect. There is no way of knowing IF the person who asked the question is in Canada.
You don't file a "suit" through AMVIC. You file a COMPLAINT with AMVIC.
Canadian Law also provides: "Where a consumer's authorization is not in writing, such as a consumer signing a written estimate, the repairer is permitted to obtain the authorization from the consumer if the repairer records the name of the person giving the authorization, the date and time of the authorization. If the authorization is given over the phone, the law also requires that the telephone number of the person giving the authorization also be recorded."
http://www.ontario.ca/en/information_bundle/autobody/053126.html
This is the argument that auto repair centers use when called into Court for unauthorized repairs. It's a BIG loophole and not everyone tells the truth.
But again, no indication that OP is, in fact, in Canada.