Legal Question in Legal Ethics in Maryland
I took my 2003 Kia Sedona into the dealer for a 60K Major service. The can currently has 66,363 miles. According to the technician that called me that the van was in great condition and only needed new brakes. I went ahead and had the brakes done as well. Everything went fine but exactly 24 hours after the services my car started to grind and came to a complete stop. After towing back to the dealership where the service was performed and waiting a week I was notified that the timing belt broke and caused my engine to seized. According to the dealer the timing belt should have been replaced at 60K or 5 years. When the car turned 5 it only had 37K on it so the timing belt never crossed my mind. I also learned that the timing belt is NOT check during the 60K service and is my responsibility to replace. My position is that I would have glady had the timing belt replaced when the 60K service was performed but I was not notified at all by the dealer, verbally or written, that the timing belt needed to be replaced. Since this omission by the dealer led to the belt not being replaced, when then broke 24 HOURS after services, which caused the engine to lock up, I feel that I am not responsible for the damage to the engine. Do I have a case?
Summary:
1) Took car in for 60K service at 66,363. No problems with car prior to service
2) 1 day after service timing belt breaks and destroys engine
3) Deal claims that timing belt was to be replaced at 60K or 5 years, which ever cam first. The car is 7 years old at 5 years only had 37K miles on engine
4) Dealer NEVER informed me that timing belt needed to be replaced at 60K, not verbally or written. In face timing belt service, to required for 60K services is not part of the 60K service that I had done.
5) Since dealer didn't inform me to replace belt, repair not done. Belt breakes 24 hours after service and dstroys engine.
1 Answer from Attorneys
You could have a potential claim for negligence. Negligence, in case you don't know, is when someone has a duty to do something, you rely on them to do it, they do not do it, and their failure to do so causes you to incur damage. Arguably, the dealership had a duty to check the timing belt and ensure that the car was up to date on all its service -- and that you were reasonable to rely on them doing so. You may want to consult with an experienced lawyer about your case; you may be entitled to damages from the dealership. Feel free to email ([email protected]) if you want to ask any more detailed questions. Good luck.
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