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Little legal problem...

A

Aftermath

Golden Member
Ok, I'm looking for some advice here, as well as just general thoughts and opinions.

I've got a '91 Grand Marquis, it recently developed an electrical short which drained the battery when the car wasn't running.

Today, I took it up to a shop, and asked the guy to check out the elctrical system, and the alternator, which has been making a squeeling sound, (I assumed it was due to failing bearings.)

It's in the shop for a couple hours, the guy comes out and says the radio has a short in it, (no, it's not aftermarket), and he went ahead and disconnected the radio.

He charged us about $35 for this, and my wife and I left the shop.

We got about two miles down the road and I pulled into a gas station to fill up on the way home.

As I got out of the car, I noticed some smoke under the hood.

I popped the hood to find my alternator on fire, and most of the insulation under the hood beginning to go up in flames as well.

Luckily, a Budweiser truck was in the parking lot refilling the gas station, and several guys with fire extinguishers ran out and put the fire out. 😀 :beer:

We called the repair shop back, and they sent out a truck to come get my car and bring it back. (They didn't charge us for this.)

We waited for them to inspect the car, and the same guy came out with a bill for $365 to replace the alternator, plus labor, plus tax.

He said when he tested the alternator, it tested alright, and he didn't do anything to it, so he isn't liable for it.

I told him in a rational manner than not only was that price to replace the alternator dediculous, but it should be replaced for FREE since he personally tested it (or claimed to) when I had the car up there originally.

We had to take a cab home, my car is still at the shop, and it'll be at least Thursday before we can get in contact with our lawyer.



What do you guys think?
 
Since he didn't touch the alternator to begin with, I don't think you have a case. The burden of proof is on you.
 
you commissioned him to find whatever was wrong, he didn't find whatever was wrong. if it wasn't something completely unexpected that a mechanic shouldn't test for under the set circumstances then he might be found negligent in not testing for it or reading the results of his test wrong, if that was the case.
 
Waste of time, you'd lose the case. The Judge will take his word over yours since he's a mechanic and you're not. You can get someone else to look at it, but they can't speculate on the condition of the Alternator before the fire so there's no way they can testify.

Take your losses and move on.

Edit: There is a chance you can win. You'd have to be rich and be able to afford a good lawyer. ...And people claim money doesn't make you happy, HA!
 
What does he owe you money for, exactly? I could see you possibly having a case for getting your $35 refunded, as he didn't properly diagnose the problem, but it's not his fault your alternator died.
 
actually, did you give him the ok to replace the alt? from reading your story, looks like you told them to inspect it first, but they changed it without your authorization and wanted $365 from you.
 
Well this is what I'm thinking.

I bought that alternator in 1997, brand new, and put it in that car. It's never had any problems, and he said, that he DID check the alternator in his tests.

Am I wrong to believe it's negligence on his part in his tests? Something he did to possibly cause a short, or something he didn't properly test and diagnose? Considering not even 10 minutes after he "fixed" the car, it caught on fire, yet in the 8 years I've had that alternator, it's never had any problems at all? I know I probably wouldn't stand a snowballs chance in hell against him in court. His word versus mine. But I'm admittedly pissed that I TOLD him the alternator had a problem, (a noise to be precise), he said he checked it, it caught on fire, then he claimed that worn alternators commonly have this problem.

Edit: The original trip there was just to check out what was wrong. I only wanted him to diagnose. He said it was the cars radio. He asked if I wanted it disconnected, I said yes, and he disconnected it. On the way home the alternator caught fire. After being towed BACK to the shop, he wanted to charge me to replace the alternator.
 
Your alternator did catch on fire so a new alternator was needed. I don't think he should give you that for free, do you?
 
The mechanic is not legally liable. Your only recourse is to take the car to a different shop for the work (which is what I would do).
 
Originally posted by: Vic
The mechanic is not legally liable. Your only recourse is to take the car to a different shop for the work (which is what I would do).
Click to expand...


Not only that, but by now any evidence that could have implicated the mechanic has been removed. You're screwed.
 
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