Mechanic's error....What are my rights?

[shellbe91671]

What is the name of your state?Georgia

I took my van into a local garage to have it diagnostic tested and fixed. They call the next day and say its the fuel pump and I tell them to fix it...cost estimated at $389. The mechanic said it will be ready by lunch time the next day...they would call to let me know when it was. The next day I waited until 2:30pm to call them and when I did the man told me to sit down he had bad news. When the mechanic was out that morning test driving the van he slung a rod in the motor, put a hole in the oil pan and blew the motor. They do not do engine work but someone down the street is suppose to be looking at it. Seems like I should have had a phone call straight away from them but no one did.

My van has never had motor problems...it has never knocked,smoked or used oil. The oil is changed regularly and maintained. The mechanic also replied that my motor was sound and gave no warning that it was bad. I truely believe this guy revved the motor up so hard and mistreated my van that he blew it up.....by his shakey voice he knows it too. My question is this...Is the Garage liable for repairing cost of my motor.

If they give me a hard time and I have to take them to court can I sue for court cost, lawyer fees and rental car expenses on top of the motor repair cost.

All advice is greatly appreciated. Thank you!

 

[Meursault]

You can do all of those things. However, the little naging thing called Proof will trip you up.

Simply stating that your engine 'never had problems' isn't legal proof. You have to prove that the mechanic caused the damage and is therefore liable for the damages.

And by the way, just because you change oil regurarly, maintain the engine and do all that is required to keep it in good shape doesn't mean you can't 'throw' a rod.

If the bearings are worn, there is a blockage in the oil ports or something else that was wrong with the engine that would not show up on a diagnostic test machine, then the rod could easily crack sending the crankshaft into misalignment causing engine failure.

It's best to have the engine checked by a competent shop but even then there's no guarantee they can prove the mechanic caused the damage.