Legal Question in Civil Litigation in Texas

Took my vehicle to Meineke to have them tack weld a rattling heat guard. The mechanic said he would just take it off. I asked if there was any problem with that and he said no. Took 3 hours for him to do. Told me that during the process he damaged one of the pipes and would fix that. Only charged me $45. Drove away and in under a block my vehicle vibrated really loud from the coolant fan. Took the vehicle back later and the mechanic told me it was just the fans and I had nothing to worry about. I told him the vehicle didn't make that noise prior to me coming to his shop. Again he reassured me this sound was normal and not to worry about it.

Took my vehicle to a different mechanic shop and it turns out the the removal of the heat shield caused about $2400 in damages to my vehicle. I new cat. converter had to be installed, fan motor replaced, coolant change, and then oil change because oil filter was charred and oil could have been damaged (just had an oil change early in the day before going to Meineke).

Would I be able to seek damages for the $2400 in damages caused from the $45 repair that Meineke did? Other shop said the damages came from removal of heat shield.

Asked on 4/23/14, 6:28 pm

1 Answer from Attorneys

Jeffrey Brashear The Brashear Law Firm, PLLC

Based on what you have written, it appears that the Meineke shop may be liable for the damages which were incurred upon your vehicle. There are a few additional items which will need to be discussed and clarified prior to ensuring your position against the Meineke shop. First, is the Meineke shop a franchise or is the Meineke shop actually owned by Meineke? Second, if the Meineke shop is a franchisee, who is the owner? Third, is the mechanic you were dealing with a true mechanic or just some employee at the shop? Fourth, does the auto repair shop have video and/or audio equipment which would support your claims? Fifth, when did this damage happen? These are just some of the additional items which would assist you with your claims. You need to meet with a local law firm to fully discuss your options. Seeing that your zip code is in Katy, my firm is close by and we handle these types of civil cases. You are more than welcome to contact my firm and schedule an initial consultation.

The above response given is not intended to create, nor does it create an on-going duty to respond to questions. Additionally, the response does not form an attorney-client relationship, nor is it intended to be anything other than an educated opinion. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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Answered on 4/24/14, 6:13 am

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