Legal Question in Consumer Law in Texas

Mechanic claims my ''neglect'' voids his warranty

In January 2004, my Mitsubishi Galant(2000)overheated. The mechanic charged me $1500 to replace the engine and gave me a 6 month/6000 mile warranty (but wrote ''abuse or neglect voids warranty''). On May 5, I was driving to work, the radiator gauge rose past hot. I pulled over immediately and called a tow truck to take the car back to the original mechanic. Before the car was towed, a friend and I opened the hood and noticed that the car did have water. My friend also checked to see if the car would start (it did). When i spoke to the mechanic later that day he said he was not going to honor the warranty due to the ''abuse and neglect'' clause. The neglect inflicted was the actual driving during the overheating. I reminded him that I was in rush hour traffic, and had to pull over to the shoulder(as opposed to stopping the car immediately, which he recommends i should have done). He claims that the damage done to the engine is sufficient to be ''abuse and neglect'' and to void the warranty. The mechanic is offering to charge me only parts (no labor) to fix my car and quoted me a price of $400-450. Do I have any legal options? Is he correct in saying that by pulling over while the car was overheated voids the warranty?


Asked on 5/07/04, 7:39 pm

1 Answer from Attorneys

Peter Bradie Bradie, Bradie & Bradie

Re: Mechanic claims my ''neglect'' voids his warranty

He's jerking your chain. Get even. Pay for the repairs, since you need your vehicle, then sue him in Small Claims under the Texas Deceptive Trade Practices/Consumer Protection Act for triple damages. The cause is deliberate breach of warranty.

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Answered on 5/07/04, 9:38 pm


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