Car right advice needed (very off topic)

Ed_r · #1 (**permalink**) 07-29-2004, 03:38 AM

I know this is very off topic, but we all run into issues we are not sure how to handle. So this time its my turn.

My car needed a timing belt done as maintenace. So i priced them out and actually asked a co worker if they knew anyone capable of doing it. Wel lthe local dealerships all wanted between 7-900.00 to do the job. I have been an auto and diesel tech since ive been 18 Im 36 now. I dont have the facilities at home to do the job, and work wont allow it.

The co workers guy came in at under 300. so i grilled him and described the repair (special tools are required) the shop said yeah no problem we can do it. I dropped it off to get done the other day and went to pick it up today. Well i payed for it and when i stated it i quickly noticed a slight noise. i didnt think a whole lot of it. I drove off and it made all kids of noise, low power and black smoke. I turned around to bring it back and told him it wasnt right. I talked to the tech, only to find out he rarely works on diesels

I was describing what it should be like and it was like talking to the wall, and of course I have to get to work. I told him I would take the car now and call him when i get to work to get it straightened out.

Well i never made it to work by my own cars power. While driving i heard a light ticking, i knew that wasnt good. After a bout 20 minutes it turned into a loud rattle, then a bad misfire. I pulled over and called him to come get it.

In a nutshell the belt was mis-set and bent, then broke off a valve which knocked a hole in a piston. This is the type of damage I was trying to avoid when i got the job done in the first place. I'm pretty sure there is damage to the block and the head too.

Now I know he has to fix it. He SHOULD provide me a rental car. But my big question is What are my rights to the type of repair? I really dont want him to be able to put in a junkyard engine with 200k miles on it, when mine only had 80k. Do I have a legal recourse as to the way I want it repaired? I know with auto insurance they can use recycled parts (junk yard) and be perfectly legal. But how bout a repair shop?

Being in the auot business all my working career, i have always had to keep the expenses to a minimum (also never had such a thing happen to me) Any Ideas?

CC · #2 (**permalink**) 07-29-2004, 03:55 AM

The mechanic should be responsibe for his work. I believe you should get everything back in the condition it was suppost to be in after he fixed it. I don't think that he would be able to put an engine with 200k miles on it when it only had an 80K. That doesn't sound right to me. Also, is this is getting done for free???????

aesailor7575 · #3 (**permalink**) 07-29-2004, 04:26 AM

ok this is somethin I can help with I was a mechanic. firstwas he ASE certified, second is he charging you for any of the repair and there have you contated the BAR (Bureu of automotive repair). third junk yardis not allowed a rebuild engine is legal. crap from a junk yard is not legal. he should just put in a short block with or even a long block. oh and a rental is not maditory I am sorry to say. any other question please ask

Ed_r · #4 (**permalink**) 07-29-2004, 04:34 AM

never heard of BAR maybe its just a Cali thing or maybe something new. The repair was paid for so he DOES have obligation to fix it. I know when this ever happened in shops i worked at we usually did a long block. Just wasnt sure of legal obligation to do so.

aesailor7575 · #5 (**permalink**) 07-29-2004, 05:17 AM

the BAR is nationwide, umm the mechanc (so long as he saw a licensed mechanic (ASE cert.) is legally responible to fix it free of charge

savannah_babe · #6 (**permalink**) 07-29-2004, 06:33 AM

actually ed, my car did the exact same thing. my timing belt blew and i thought i also blew a head..turned out it was the water pump...good luck. and yes, you JUST got it fixed, they should be responsible for it imo..

Stormyva · #7 (**permalink**) 07-29-2004, 11:54 AM

Ed they should at a minimum give you an engine in the same condition that yours was. No junk yard parts, no used parts, but a rebuild would be acceptable only if it was rebuilt by a qualified tech.
Did the mechanic provide you with some type of written warranty?
You might want to hit the Better Business Bureau and check for any records of dispute with the guy.
Oh and you are on your own with the rental car.

reptilemama · #8 (**permalink**) 07-29-2004, 12:40 PM

Oh, man, what a pain! I really don't know what the law says, but I would think since the guy told you he was qualified to fix it, he should be responsible for making it right whether or not he's ASE. I wish I could help you out! Need a car over the weekend?

NicoleRussell · #9 (**permalink**) 07-29-2004, 12:42 PM

wish I could help but I am a typically woman with all this car stuff. Good luck though. My friend is having serious problems with her car---been in the shop like a dozen times in the past year...and sh'es till paying it off....it's an Audi. You would think it would be a great car---I actually had to help her push it out of a busy intersection a couple of weeks ago. The mechanic keeps charging her for different things so it's not like she's catching a break.
Hope it works out for you.

NocturnalCreations · #10 (**permalink**) 07-29-2004, 01:34 PM

Legally they can and most likely will use a junk yard motor if they find one with the same or lower mile's. I know for a fact if you need a motor under warranty and you purchased a non factory cheaper warranty they can and will also use junk yard motor's if they can find one with the same or lower mile's. I have worked for Ford for 11 years now so I am not guessing at this I have seen it done since I started.
Hopefully they will do the right thing and honor a warranty but if this was done under the table and no service ticket that will be a hard one to call.
Good Luck, Tim Rash

Ed_r · #11 (**permalink**) 07-29-2004, 01:40 PM

nah wasn't done under the table, was a legit job. Is a fairly reputable business actually. I thought the customer would have to agree to using a bone yard engine in their car. I know for insurance companies they do where the engine gets damaged in an accident. Just wasn't sure how this would play out. i used to work a bit in the auot recycling business, and the thought of a bone yard motor really scares me. Some places do it right and store the engines inside , while the majority of them just have the engines sitting in the yard usually half buried in mud

When i was at the dealership (Olds, Mitsu) and when we inconvenienced the customer we threw them in a rental. I'm not sure if that was for good CS or that they had a legal requirement to do so?

JuliusSqueezer · #12 (**permalink**) 07-29-2004, 02:37 PM

Just be up front and don't leave it to question. Tell them that you don't want any parts from a junk yard. If they argue that then tell them you will have your attorney get in touch with them. I would also ask that a more qualified mechanic do the work.

trinitywolf · #13 (**permalink**) 07-29-2004, 02:44 PM

Hey Ed. This is a crappy situation, but Brett is right. If you show that you will make it hard on them if they jerk you around, they will more than likely do at least the mimumum legal thing. Business owners understand (and usually make it apparent to those that take care of this kind of thing) that it cost far more money to litigate than to just make the customer happy than it does to go to a little extra trouble. If management has any sense at all they will fix your problem to YOUR satisfaction.
If you do get the run around, call the local television stations (or at least tell them you are going to) and that should ellicit the respone you want if they really are jerking you around. Bad publicity speaks volumns to shops like this.
Keep in mind, don't loose your temper with them, be stern, but cordial. You get a lot further if you don't attack the employees.

Good luck man...

lethargiic · #14 (**permalink**) 07-29-2004, 03:01 PM

i agree with everyone else. It is the mechanic's fault that he didn't tell you that he really didnt have any experience with diesel cars sooooo he or another person who DOES have experience and knowledge to fix the car free of charge.
what seems to me thou is the timing was off when the belt was put on and they didn't set it properly. I had the same problem with a car of mine before with the knocking sound after we put a new timing belt on and all we did was reset it and it was fine.
If push comes to shove you can get a consultation with your lawyer to find out your legal rights and if anything i would talk to the mechanic's boss or the owner.

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