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DanPatrick10 · Oct 18, 2008, 09:43 PM

I took my car to a local import shop for diagnosis and repair in April 2007. The car would have trouble starting when warm, so the mechanic added
A 900 ohms resistor to the coolant temp. sensor circuit. Basically, he tricked the sensor into thinking its still cold so it will dump more fuel into the
Engine when warm. It got the car to run when warm, but the car now idles too high and reeks of fuel. This is also a problem because the rpms don't
Drop normally when shifting. (Extra wear and tear on clutch and safety issue).

I asked him to put it back the way it was and he said he didn't want to. I didn't think it was worth it to take him to court back then but why should
I have to suffer with a car that wasn't fixed the right way and doesn't run right now? Do I have sufficient grounds to take him to small claims court
Under contract law? Is there a specific time frame in which I have to take action from the time of repair?

rockinmommy · Oct 19, 2008, 08:56 AM

What state are you in? I'm sure the statute of limitations varies from state to state.

I would point out that if he completed the repairs you paid him to do I don't know that you'd have a great case. The judge may feel that he had some duty to warn you about these other "side effects" of the repair, but it's not like he didn't perform the repair correctly (is it?) If something was incorrect then I think your case would be strongest if you took the car to another mechanic to fix it properly, state that the first mechanic screwed up. Then you could sue the first guy for damages. Does that make sense?

DanPatrick10 · Oct 19, 2008, 03:29 PM

I'm in Washington state. The problem is he didn't repair the car right in the first place. He jury rigged the sensor to dump more fuel into the engine, so he bypassed the problem and created another one because he is incompetent. Instead of just telling me he couldn't find or didn't understand the problem he did something else that was the wrong way to do it.

I did pay him thinking that he fixed it because the car would start again, but when I noticed that it idled too high I knew something was wrong. That is when I took the car back and asked him to put it back the way it was and he didn't want to.

However, I think I know what you are saying. If I have another professional mechanic look at it and fix it right. Then he'll state that the repair was done wrong and needed to be corrected. That way I will have a stronger case against the import shop. Is that right?

rockinmommy · Oct 19, 2008, 05:03 PM

Yes, that's right. Plus, that way you would have a fixed dollar amount of damages to repair the problem. Otherwise what would you be seeking... the judge to order the mechanic to undo what he did?

This way you sue him for what you paid him, plus the cost to fix it. (Cuz it needs to be fixed, right?)

These are tricky, too. You never know if the person is going to show up to defend themselves or just not show and you get a default judgement. In a case like this, if he were to appear in court, you'd be much better off with more evidence and proof. The chances of the judge having much knowledge of vehicle repairs like this is slim, so if the mechanic sounded believable you may have a hard time proving your case.

You can sue anyone for anything. You just need to take into consideration what strengths and weaknesses your case has, what you stand to gain, and what you'd be out if you don't win. (Probably just court costs in a case like this - don't see anything he could counter-sue for.)

Fr_Chuck · Oct 19, 2008, 05:13 PM

Of course it appears he told you what he was doing and you agreed, So he did exactly what he told you he was doing.

If this had worked without any issue, then you would not be complaining. And it appears you let it go for over a year at this point.

1. write him and ask him to remove the item. Send it regular and certificed mail.

2. If he still will not put it as it was, get the cost to remove the item, and sue him for the cost of his repair and the cost to remove item only.

You can sue to be returned to the exact place you were, you can not sue to get it repaired corrctly.

this8384 · Oct 20, 2008, 09:50 AM

Did you authorize this repair before it was completed or did he simply call you once he rigged the temp sensor? Any judge is going to ask you that. Why he didn't just replace the temp sensor rather than wasting the time to add resistance to it; was the cost too high that you didn't want to invest the money? Did you sign any type of paperwork indicating why he serviced the car in that manner? Can you tell us, word for word, what the repair order says?