$3200 of damage done after car repair shop fails to recommend the normal service

[camozena]

My mother recently had her car serviced at Tuffy Auto Care. She brought her car in for an oil change and was up sold a $250 replacement of her timing belt. At the time she was given this horror story of if the belt brakes you are going to be left stranded and engine will suffer severe damage.
About three months after the work was completed she suffered the exact failure she was warned against.
The car was towed to another Tuffy Auto Care center. We have been advised that the repair cost will now be $3200.

The found that the tensioner pulley for the timing belt broke which intern broke the timing belt. We were also told by both the Pep Boys and the other Tuffy that it is normal and recommended that the pulley be replaced when replacing the belt, in fact the items are normally sold as a single line item kit.
She was never recommended or even mentioned to her about replacing the pulley. Subsequent follow up by my mother, she was told by the district manager that the mechanic looked at the pulley originally and though it was ok.

It is my belief that Tuffy was negligent in the service they performed. The mechanics failed to recommend or even offer the typical service and instead relied on a substandard visual inspection of a plastic pulley. This negligence directly caused $3200 of damage to the car.

I had a conversation with the Tuffy that currently has the car and they are basically saying they are not going to do anything for her. A person for their corporate office looked at the car today and said it was between her and the local store. I attempted to contact the local store today but they were closed already. I will have try again in the morning.

How would you recommend I proceed?

 

[mightymoose]

You can't hold the company responsible for not recommending something. They can't see into the future any better than the rest of us. Nobody knew that pulley was going to break.

I have changed many timing belts myself, and I have never once changed the timing belt pulley and have never had a problem. I have never heard of anyone as a matter of habit or even preventative maintenance changing the pulley with the belt. I understand why they would do it, but it is not a necessary repair. It would only be done because of the labor involved in getting at the pulley- much the same as those who always change the water pump when the timing belt is done. It is not necessary at all if the part is not malfunctioning.

In order to prove negligence on the part of the shop you will have to show that they did the repair improperly. The car ran fine for three months, so you aren't going to be able to do that. Parts break. They all do sooner or later.

I can only wonder what the $3200 in damage is. Most cars these days are non-interference engines, meaning that when the timing belt breaks the valves in the head will not come into contact with the pistons and cause damage. What kind of car is it? What is included in the $3200 estimate? It seems VERY excessive, but I couldn't say for sure without personally examining the car... which I can't.

Review the paperwork from the original repair and see what kind of warranty there is.

How to proceed? KNOW exactly what your warranty is. KNOW exactly what is included in the new quote they are giving you. DO get at least TWO more estimates to compare.

Personally, the only legal complaint I think you might has if if they fail to honor a warranty that you are entitled to. You aren't going to be able to make them responsible for that pulley breaking.

You also can try an online forum that deals with auto repair where you can get some advice from mechanics. One that I like to use is http://www.automotiveforums.com

 

[camozena]

It is an interference type engine and needs a new head assembly and various other parts.
The recommend service procedure from GM on the Chevy Aveo is to replace the belts and pulleys together. I have two other repair shops have informed that this is the standard procedure.

The shop that did the repairs admits that did not tell her about this or recommend this to her, because the mechanic "though the old one looked ok".

If they are going to recommend a service item on a car they should be responsible for recommending the proper service.
If they tell her GM says do this at this many miles or bad things are going to happen so pay us XXX dollars to fix it, how can they not be responsible for recommending the proper repair? Especially when they were aware of this requirement and choose to inform her of only half of GM's recommendation.

I would say they would not be liable if they didn't offer any service but if they are going to inform her of required service and give her the big story about what's going to happen if she doesn't they are liable to recommend the proper standard of care.

Also as to your first point. If they knew the recommendation is to replace the pulley, which they admit they did, then by not recommending it then they knew there was a high likely hood the pulley could break.

 

[mightymoose]

The recommend service procedure from GM on the Chevy Aveo is to replace the belts and pulleys together. I have two other repair shops have informed that this is the standard procedure.

You might have more luck with that argument if you had taken the vehicle to a Chevy dealer for repairs. The mechanic that you took the vehicle did not make the recommendation, and isn't obligated to do anything Chevy says. The mechanic saw no problem and the vehicle still lasted 3 more months. The part broke from regular wear and tear, not from negligence. The terms of your warranty from the service you obtained are all you have to rely on here. You can certainly keep pushing them regarding Chevy's recommendation- you never know what they might do.

Also as to your first point. If they knew the recommendation is to replace the pulley, which they admit they did, then by not recommending it then they knew there was a high likely hood the pulley could break.

There is a high likelihood every part will break. There is the possibility that they could have changed the pulley and the new pulley could have broken. By not recommending the pulley change they were likely trying to keep the cost low. As I said, it is common practice to change the water pump any time a timing belt is done. If your water pump suddenly goes out now will it be the shop's fault? Not at all- they don't know when parts will break. The recommendation to change these items with a timing belt has a lot to do with the cost of labor involved- better to do it just once and change all the parts then have to get in there periodically and pay multiple times.

Your quote is still high. Shop around and you can find a better deal. For $3200 you are close to the cost of a new engine when all you need is a rebuild on the head.

 

[arnoldschris]

actually before i make some deal to the auto shops, i ask first ever car owner who went on that certain shop. with this i can avoid the reaped off of my vehicle. since i a live in illinois, there are still illinois auto repair shops which work hard for their customer.

 

[disagreeable]

This is a necro-post, but I will comment. I also lost an Aveo engine this way, on the second belt. Went 8k before the change interval. Nothing in the manual indicated anything other than the belt needed changed. Part of being an adult is you realize shit happens and go on with life. I do miss that little car though. It took me to many states and countries faithfully.