Legal Question in Consumer Law in California

I had an engine replaced about a month ago and the radiator too. I brought the car back two days later, due to a water coolant leak. They said it was a lose hose and tightened it. I went on a trip and the water regulator cracked and my car broke down, water spraying, it got into head gasket and ruined engine.

I took it to Goodyears, they replaced regulator, $171, but said that engine needed to be replaced. I called the mechanic who put engine, the engine was under a 90 day warranty, they would not pay for tow, $425. Well, they have had my car for almost 3 1/2 weeks and it should be done tomorrow.

I had to contact the Div.of Automotive repairs, because they did not wish to get an engine which cost $300 more.

Once, I get my car back, I want to sue for the $171, $425 tow and $35 a day for car rental, which they would not pay for, plus the $2207 I paid them for engine, because I don't trust their repairs.

Can I sue for all of the above.


Asked on 11/27/11, 7:08 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Since they appeared to make a negligent repair, you are entitled to recover all the damages you suffered as a direct cause of the incident. So you can sue for all your mentioned, but they can also raise the following:

1) you should have called them for the tow or it was too expensive [but they would not have paid for it and you might not have any choice];

2) a betterment if anything replaced is better or newer than what you had in the vehicle

3) loss of use is based upon how much would cost you for similar car, which might be closer to $30 per day.

Find out if they have insurance coverage as it will be easier to work with the insurer then the repair people.

Read more
Answered on 11/28/11, 1:36 pm


Related Questions & Answers

More Consumer Law questions and answers in California