Do I have to pay the remaining balance to a car machanic it I had to take my car to another shop to repair the repairs?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Do I have to pay the remaining balance to a car machanic it I had to take my car to another shop to repair the repairs?
I took my vehicle to the mechanic for repairs then took it back 6 different times in 1.5 weeks to repair the repairs, i.e. something fell on my foot as I was driving, gauges not working after it was returned, over-heating when returned, oil leaking, running rough, etc. I paid $800 of a quoted 1399.08 estimate for repairs. I called to take it back one more and was verbally abused and hung up on. I called back and left a message for a return call, no call. I had to take my car into a different shop, paid $694 for same work. Cracked valve cover found with an attempted silicon patch job, etc.
Asked on July 27, 2012 under Business Law, Arizona
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If the mechanic did not perform the repairs he said he would, or performed them negligently (unreasonably carelessly), you should not have to pay for them. You have two ways to proceed:
1) Wait to see if the mechanic takes legal action against you, then defend against his claim or suit; to win, you'd have to show that he did not do the work or was negligent, which may require bringing in a mechanic of your own to testify.
2) Affirmatively bring a suit of your own seeking a "declaratory judgment," or court determination as to how much you owe. Again, you'd need evidence. This option puts the burden on you, but lets you get certainty.
Given the cost and time of litigation, and that the outcome is never certain, your best bet may be to settle (if you can) for some mutually agreeable amount.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.