twinmama85
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Post by twinmama85 on Aug 31, 2013 15:04:14 GMT -5
First all, let me say I am not looking for specific legal advice as I know you have to be careful with what advice you give, I am basically looking to see if this would be a valid case to take to small claims. I am not looking to be sue happy, I just want my car to be fixed, particularly by a different shop.
Okay, so I bought a 99 Intrepid for $1,999 cause the CE light was on and it wouldn't pass smog (I'm in California). Found out it needed a new torque convertor and so I took it to a transmission shop to fix it. They replaced it and I took it, but there was problems, so I took it back. They claim it was a bad torque convertor and they so told me they put in a new one, dropped the transaxle and cleaned it all out and put in new ATF. Then, my CE light came on again, my car went into what's known in the Dodge world as limp in mode, which the TCM (computer) throws the car into 2nd gear to protect it from itself. Took it back again (all under warranty so that's why I took it back). After this my water pump started to leak, which it wasn't doing before I took it there. They replaced #2 solenoid in the valve body and gave it back. After I drove it about 150 miles, it did it get (limp in mode) took it back, they said its a bad TCM, put a new TCM in the car and had to replace the water pump because it was losing water too fast and causing the car to get hot. Well, I picked it up on Thursday, hoping it was done and I started driving back, and the car did it again. They took back that night and said they think its a defective solenoid (wonder where they are getting their parts) and then today, I get a call from my supervisor telling my that Santa Maria PD is trying to get in touch with me. I have to wait for our base special investigations to investigate before I can talk with Santa Maria PD. At this point, I am thinking either my car broke down while they were test driving it and had to go get help and SMPD found it before they returned, OR my car was stolen.
Do I have any legal ground for civil suit in small claims about my car, especially if its been stolen from their shop? I have paid this shop $1,500 in repairs, just to continue to have problems that is disrupting my life very badly as this is my only car and I live in the sticks. Before I ever took it to this shop, it ran fine, never went into limp in mode, never leaked antifreeze, just needed a torque convertor, but since they first touched my car, I haven't even had it for a full 2 weeks in my drive way.
Sorry for the long post, thanks for any advice I can get.
Also, my car insurance is liability only, so if there is any damage (if it were stolen), it wouldn't be covered on my side.
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ՏՇԾԵԵʅՏɧ_LԹՏՏʅҼ
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Post by ՏՇԾԵԵʅՏɧ_LԹՏՏʅҼ on Aug 31, 2013 15:16:07 GMT -5
Swamp is an attorney. You could always PM her and direct her to this thread. I don't know what field of law she's in though.
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Deleted
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Post by Deleted on Aug 31, 2013 16:07:21 GMT -5
It is unclear what you want to sue them for. If you think their repairs are defective, or that they are incompetent, then you would need to have a professional opinion that states that. So, you would have to invest in another shop that is willing to document and certify flaws in the first shop's work. I would think that this would be awfully difficult to prove on a 14 year old used vehicle. Stuff breaks & breaks down.
You don't know what the police are calling about, so hard to say what is going on, but if you are correct that the car was stolen while in their care, then you want to make a claim for the full value + all recent repair costs against the Repair Shop's Insurance Carrier. It is difficult to get that information out of them, but be persistent and research it.
Your car is probably worth $1500 or less + repairs of $1500 mean you are likely at or under the small claims limit, so you could easily file a small claims case & win it if the car was stolen while in their care.
Let us know more details as you find them out.
Why can't you speak to the police directly? I don't understand that the base has to be involved or investigate before you can speak to them.
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twinmama85
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Have a blessed New Year!
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Post by twinmama85 on Aug 31, 2013 16:30:52 GMT -5
The car is worth worth about $2500 or so but now that I have an update, I guess I won't be looking to go after them, although I still feel they are incompetent as they have been continually take the car back after they have touched it. I wouldn't want to sue to be sue happy, just to get my freaking car properly fixed.
Ok, as far as talking directly to the police is because the outside agency contacted my base trying to find me, thats why the base SF got involved.
Anyway....this is completely insane but here's an update:
Update...ok so I finally got to talk to the officer that had info about my car...it wasn't about my Intrepid, it was my Integra that I sold Aug 8. Apparently my old little beater was involved in selling drugs to high school students o.O. They looked up the registration and it was still in my DH and my name, the little turd didn't put it in his name yet! So, he just advised me to go to the DMV on Tuesday with my little release of liability form I have and submit it so that I won't be involved anymore....Poor little car, shoulda kept it, now it'll be impounded.
Strangest.day.ever.
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Deleted
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Post by Deleted on Aug 31, 2013 16:46:29 GMT -5
You should take the Intrepid to a different repair shop. Ask them to diagnose. Anything you already paid for to the other shop that is still wrong, take them to small claims for (but have the new shop do the work & give you the bad parts).
I think where you are now is much like getting cars fixed in NYC. You often got a car repair where they didn't actually replace the parts they said they did & didn't do any work at all. Too many rip off artists to keep track of in big cities. I have not had that issue any other place I lived, just in the city and its boroughs.
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twinmama85
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Have a blessed New Year!
Joined: Dec 28, 2010 9:48:38 GMT -5
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Post by twinmama85 on Aug 31, 2013 17:03:40 GMT -5
Wow..I live on the Central Coast of California and other than paying for the initial work (the torque convertor) and the water pump, all the other stuff has been covered. If they give it back to me and it does it again, I will take it either to Dodge or another transmission shop to have it looked at. Unfortunately, this place isn't registered with the BBB so I couldn't file a complaint. And ASE Mechanics has you file through the BBB Thanks for responding though, I appreciate it. I wasn't trying to get something for nothing, I just want my car to run without going into 2nd gear. lol
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Sam_2.0
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Post by Sam_2.0 on Sept 1, 2013 23:36:04 GMT -5
BBB is worthless, really. Companies pay to be a part of them and keep a good rating (found this out when I had looked in to it after they told us our company had an F rating because we didn't pay their fees to join the BBB).
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Ombud
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Post by Ombud on Sept 1, 2013 23:41:19 GMT -5
Fortunately in California we file complaints with the Bureau of Automotive Repairs
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swamp
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Post by swamp on Sept 2, 2013 8:32:15 GMT -5
Small claims,is a waste of time.
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Wisconsin Beth
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Post by Wisconsin Beth on Sept 3, 2013 10:03:01 GMT -5
I think tdog is a lawyer in CA.
Yeah, I'd find a reputable car mechanic (ask at base for referrals?) and have them take a look at it.
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