Legal Question in Consumer Law in North Carolina

A series of events has led me to being without a vehicle since March 1st.

Walk-mart did oil change & I left with a leaky radiator-antifreeze. They took no responsibility. I took it to Excel Auto Surf City where the estimate was too high and I declined but they did the work anyway causing a series of repairs to follow upwards of five thousand dollars. What can I do?(ordered new engine 4-26

And it just arrived frozen & unusable!)

Asked on 6/16/23, 8:42 am

1 Answer from Attorneys

Lynn Coleman Attorney-Mediator

You will need a mechanic who is willing to testify that the repair shop in question was negligent and caused the damage. I don't think you can prove WalMart damaged the radator from an oil change. You may have claims against the auto shop for doing work you did not authorize. If a customer declines a repair estimate, the shop is allowed to charge you for the labor to assemble the vehicle back together. You can sue in small claims court but the key there is your mechanic who is willing to show up in court and testify that the shop was at fault, which is nearly impossible to find. Mechanics do not like to take time off to go to court and testify. If you sue in District Court it is possible to use an affidavit from a mechanic to try and get a summary judgment, but you will need an attorneys help to write the complaint and the affidavit and file the motion for summary judgment ebcause there are no do it yourself forms for this. All of this will cost you quite a bit of time and money, unfortunately. It is impossible for any lawyer to tell you whether or not you have a good case in an online forum. Consult with a local attorney after you find that mechanic who is willing to testify or provide an affidavit.

Read more
Answered on 6/16/23, 8:54 am

Related Questions & Answers

More Consumer Law questions and answers in North Carolina