Legal advice/question

[spanky]

a friend of mine (Tom) took his car into a shop (lets call it Shop A) to replace the timing belts. a few days after he got his car back, his car "died" on the road, so he called AAA and had his car towed to another shop (lets call it Shop B). Shop B told Tom that the timing belts went. Tom told Shop B that he just had the timing belts replaced, but Shop B told him the belts were old. so Tom told Shop B not to do anything and contacted Shop A. Shop A said the belts were changed, but said they'll fix the car for free. Shop A had the car towed back to them and put new belts in. Tom picks up the car and eventually notices the engine making some strange noises. He takes the car into Shop B and they told him that the noise if from the timing belt damaging another part of the engine when it snapped. Tom contacts Shop A and they says that they got the car running and that is all they are doing. can Tom sue Shop A? if so, what practice would it fall under? i went to some websites (for example) and they don't really explain what each practice is for. any ideas? thanx!

 

[spanky]

up

 

[Don Vito Corleone]

In most jurisdictions this would be a small-claims court issue, and would not require a lawyer. Unless the car was something very costly, I can't imagine many lawyers wanting to take the case, because of the low stakes involved (plaintiff's attorneys are normally paid on a contingency basis with 33-40% of the recovered amount. What you'd want, though, if you needed a lawyer, is a plaintiff's litigation attorney. Any kind of small general litigation firm would be appropriate.

 

[edfcmc]

You also should have your friend check into whether there is a an administrative agency which handles complaints against automotive repair shops. If there isnt one directly, most likely the State Attorney General has a branch or division titled Consumer Affairs. Spend some time on google.

Anyway, it sounds like your friend has an "interference" type motor, meaning in a nutshell that if the timing belt breaks, at a minium valve damage will happen or valves and pistons damaged (maximum). This is basic timing belts 101, and any mechanic should know this especially ones that change timing belts.

What kind of car was it?

In any event, your friend should see an attorney like Don-Vito recommended at least for a consultation and maybe have the attorney draft a letter for damages.

 

[Vic]

Your friend needs to call a lawyer. He has damages. He also needs to contact the police department. Charging for work that was not done is fraud.

edit: and he shouldn't have let Shop A cover up their dirty work. As soon as Shop B told him that the timing belt was old and had not been replaced, he should have been on the phone to a lawyer and the police right then and there.

 

[spanky]

thanx for the suggestions guys, it is greatly appreciated. the car is an audi a4. i am not exactly sure about the year... perhaps a 99 or 00?

 

[edfcmc]

Have your friend post his woes on www.vwvortex.com.

The folks there might be able to help him with the technical side of the case. That forum is filled with Audi mechanics who could explain what the minimum standard is for a timing belt change on the Audi as well as explain what tools are necessary for the job because some very specialized vw/audi tools might be required to change the timing belt as well as determine what parts were/were not changed the first and/or second time.

Im surprised Shop B didnt explain to your friend that most likely his engine was damaged because of the broken timing belt.