Is this worth fighting over? Martyo?

[Motorhead350]

I found out the reason why my rear end failed was because the ring and pinion were not installed correctly from the last shop. It turns out the ring and gear teeth were too far apart. That resulted in metal breaking off and going into my posi which broke that too.

Looks like this fix is going to cost $$$$ and it blowing my trip to Mv7. Is there anyway I could sue the last shop that did the work since they didn't install the gear correctly?

Here are the issues that I see:

1. The car has been taken apart and I doubt pictures were taken of the rear end before the disassembly. I doubt I can prove it wasn't installed correctly... at least to a judge.

2. I believe the business that last did the work is no longer in business which is why they never pick up their phones anymore.

3. Looks like suing for less than $3,000 just isn't worth it.

Here are the pros:

1. The current shop is certified and is a reasonable source for determining what is good work and what is poor, maybe they can come in and say a few words.

2. The repair was a simple repair. I didn't upgrade anything and I going back to where I was. If I were to file suit, it would make since to me to sue to get back to "normal" so to say.

Do I have a case? I have no idea for an amount this small or if any "Auto Repair" case even makes it to court.

Martyo, what should I do? You be the judge.

[martyo]

Here are the issues that I see:

1. The car has been taken apart and I doubt pictures were taken of the rear end before the disassembly. I doubt I can prove it wasn't installed correctly... at least to a judge.

2. I believe the business that last did the work is no longer in business which is why they never pick up their phones anymore.

3. Looks like suing for less than $3,000 just isn't worth it.

Here are the pros:

1. The current shop is certified and is a reasonable source for determining what is good work and what is poor, maybe they can come in and say a few words.

2. The repair was a simple repair. I didn't upgrade anything and I going back to where I was. If I were to file suit, it would make since to me to sue to get back to "normal" so to say.

Do I have a case? I have no idea for an amount this small or if any "Auto Repair" case even makes it to court.

Martyo, what should I do? You be the judge.

Lick your wounds and move on -- seriously.

Your damage claim will be limited, at best, to the cost of repair and will NOT include missing out on MV7, lost time at work, inconvenience, or other things you think you ought to be compensated for (public humiliation on a car forum is just no compensable!!! ;) )

Proof is a huge problem in these situations. The mechanics who are re-doing your rear end are not likely to volunteer their time to come to court for free so you can sue another mechanic. So, it will be your word against the "bad" shop's.

The #1 reason is that if the other shop is out of business, even if you win, you must collect your award. No business to go after = no money.

I could go on here for hours why this is a lost cause, but I think you get the idea.

On a side note: You said suing for less than $3,000 is not worth it. Do you mean to say that you had more than $3,000 in damages? If not, what was your motivation for the comment? (I will explain further when I know the answer). And, do not read anything into the question. Tone is lost on the internet -- it IS a serious question.

[Bradley G]

Dom, Enough!
Your rear has been screwed by your own admission , almost five years now.

If you had it butchered by yourself or hacks that would repair it for dimes less, Man up and get it fixed right.
I thought the troubled boy from In. was your preferred wrench.
Or, did he have enough too?

[Pat]

Dom;

Am I to assume you are taking about small claims court? They usually handle issues between parties without lawyers for damages less than two or three thousand dollars. Also jurisdiction is important. Both parties must live in the same jurisdiction.

Consult with your local court for application.

If small claims can't help you, the Justice of the Peace system may be able to.

Worked for me. Made a claim against a party who didn't live in my jurisdiction, the JP settled the matter quickly. Didn't realize the authority they have, always thought they just married people on the weekends or late at night.

[RR|Suki]

Dom;

Am I to assume you are taking about small claims court? They usually handle issues between parties without lawyers for damages less than two or three thousand dollars. Also jurisdiction is important. Both parties must live in the same jurisdiction.

Consult with your local court for application.

If small claims can't help you, the Justice of the Peace system may be able to.

Worked for me. Made a claim against a party who didn't live in my jurisdiction, the JP settled the matter quickly. Didn't realize the authority they have, always thought they just married people on the weekends or late at night.

Don't forget you live in Louisiana

PS Dom get a rear girdle

[justbob]

It's really good to see this without communication breakdown. A simple answer to a simple question.

Dom, hope you get her stitched up soon!

[a_d_a_m]

Was a warranty either expressed or implied?

[martyo]

Dom;

Am I to assume you are taking about small claims court? They usually handle issues between parties without lawyers for damages less than two or three thousand dollars. Also jurisdiction is important. Both parties must live in the same jurisdiction.

Not completely accurate.

You must sue in the small claims court where the defendant lives (in this case the shop that did teh elleged bad work).

Not everyone represents themselves in small claims court: a corporation must use a lawyer and an individual generally may not.

[Motorhead350]

Brad, what you mean "enough!"? Martyo knows the law better than me and I was simply asking a question. The answer was just as I predicted, little to nothing can be done other than fixing it and moving on. The rear end hasn't been a problem for five years. I don't understand this attitude of yours for simply asking a question about court... it's the first one I have posted... well second actually.

The cost seems to be around $1,200 which exceeds what I was going to spend to get to MV. When I mentioned $3,000 I know some cases aren't worth fighting over if the "damage" is a small amount and $1,200 is pretty small compared to other lawsuits in this world of ours.

No warranty was given since last time the car was worked on I was putting in a used posi anyway.

I'll be getting the car back tonight and be back on the road soon.

BTW I was saying this rear end blew my MV7 budget. I might have worded it the wrong way. Missing MV isn't a damage I would bring to court. The only damage was the damage to the car, it's not like it's a race car or anything... eventhough I treat it like one.

Thank you for the info Martyo.

[Brian H]

So... i shouldn't bring the 4:10 gears to MV7?...Dom?

[Motorhead350]

So... i shouldn't bring the 4:10 gears to MV7?...Dom?

Naa. Even if you did how would I get there? :confused:

Thanks for the offer though.

[2,4shofast]

I ran into this same problem but my rearend had less than 10K miles on it since everything had been upgraded and replaced, it would be almost impossible to prove that it was bad workmanship unless the mechanic admitted to it as there are too many variables. It would be hard to determine if it was installed incorrectly or part failure. I tried to get mine cover under warranty and it ended up costing more money than if I would have just replaced it and moved on. My .02

[Bigdogjim]

Great answer Martyo. :up:

[Brian H]

Dommit!!!!!

[Motorhead350]

Dommit!!!!!

What did I do???

I need the car fixed today. I have no other vehicles to get around in.

:(

[Bradley G]

I posted a reply but it did not show up.
must'a timed out.