- Jurisdiction
- South Carolina
I brought my 20-yr-old SUV in for brake work and an oil change.
Mechanic called to say I would need new rotors and pads (as I expected). Also said new belts, wiper blades and head gaskets (not unreasonable given age of vehicle), but that all that would take extra time, and they would have to move it out of garage to make room for other jobs; finish tomorrow. Agreed to additional expense ($110 total).
Next day, mechanic called to say, "When we were warming the car up for a test drive, in 7-10 minutes it started making noises. The noises got worse, so we shut it off. We were able to re-start it, but the noises continued until it stalled-out, and now it's totally seized. Please stop by."
At the shop, I asked pointedly if the mechanic forgot to put oil in it. His exact answer was: "Oh no, there IS oil in it." Asked the same question a different way and got the same exact answer. So, we went into the garage, where they had the top of the engine open to show me there was (brand new) oil in the visible parts of the motor, told me about his insurance for their mistakes, but insisted that this was just "something that probably would have happened anyways, as soon as I drove down the street." Further, that it would be very expensive to determine what actually happened (true), and he would not do that work unless I agreed to pay for it. Further still, that I could feel free to take him to Small Claims court, where the (almost impossible) burden of proof would be on me to prove that they did anything wrong, etc etc. (Much more back-and-forth over the course of weeks, while his story has slowly morphed.)
My own research has led me to believe that this is a case of bailment for mutual benefit, that I delivered the car to him in working condition, expecting to leave with same, and therefor the burden of proof would be on him to prove he was not negligent by a standard of "normal care". He has since told me about the safe-guards at his shop specifically to ensure oil is always added after oil changes, and about the environment he has tried to create where all mechanics feel safe to admit their mistakes. But, one key part of his narrative has never changed: He was at his desk in the office, heard the noises the car made, got up, walked across the office and into the garage, and told a nearby mechanic to shut the car off.
It's now been 2 months since the incident. We have had to purchase a new car. Originally the mechanic said he would forgive the $1100 bill if we give him the title, as he would eventually ("after the busy season") like to tear it down to see what actually happened. Now, he wants me to tell him where to have it towed. Also changed the story about his insurance, now saying that, even if they had done anything wrong, it would be too expensive for him to file an insurance claim, as the car isn't worth enough to justify how much his premiums would rise. He has never any move to give me a bill.
So, I have these questions, and specifically as they relate to South Carolina law:
1- Am I correct that this is a bailment case, and that the burden of proof would be his?
2- I believe my argument in court would be that the oil-or-no-oil question is fruitless and irrelevant (however likely!), and that the specific negligence here was that they left the car unattended while warming it up, leaving no-one there to shut it down immediately if anything sounded out of place. The fact that the noises continued, and got worse, for long enough for him to (a) realize something was wrong, (b) walk across his office and into the garage area, and (c) tell someone who was doing something else to go shut the car off, proves their negligence and failure to exercise "normal care".
Am I on the right track?
3- All of a sudden (after 2 months) he is trying to get me to take possession of the car, by asking me where I would like to have it towed. Seems to me that once it leaves his garage, then I "could have done anything to it", correct? I should mention that he eventually offered me $150 for the car, and I countered with $3,000 (High Book for private sale would have been around $4,200. Average Retail up to $5,500. Actual listed sales nationwide up to $14,000!) Is there any reason at all why I should take the car back in its present condition?
4- Lastly, How much detail do I need to include in my Small Claims Court filing? I feel that a lot of the conversation over the course of 2 months reveals his changing narrative and generally slippery nature. I also think he would be prepared to argue that I can't prove they didn't put oil in the motor, and I am reluctant to spell out what my strategy might be. (I have also heard that he has a notoriously aggressive attorney on retainer.) So, exactly how simple can I keep the filing, while retaining the ability to recount what I feel is his own admission of negligence?
Heartfelt thanks to anyone who has made it this far, and takes the time to answer!
Mechanic called to say I would need new rotors and pads (as I expected). Also said new belts, wiper blades and head gaskets (not unreasonable given age of vehicle), but that all that would take extra time, and they would have to move it out of garage to make room for other jobs; finish tomorrow. Agreed to additional expense ($110 total).
Next day, mechanic called to say, "When we were warming the car up for a test drive, in 7-10 minutes it started making noises. The noises got worse, so we shut it off. We were able to re-start it, but the noises continued until it stalled-out, and now it's totally seized. Please stop by."
At the shop, I asked pointedly if the mechanic forgot to put oil in it. His exact answer was: "Oh no, there IS oil in it." Asked the same question a different way and got the same exact answer. So, we went into the garage, where they had the top of the engine open to show me there was (brand new) oil in the visible parts of the motor, told me about his insurance for their mistakes, but insisted that this was just "something that probably would have happened anyways, as soon as I drove down the street." Further, that it would be very expensive to determine what actually happened (true), and he would not do that work unless I agreed to pay for it. Further still, that I could feel free to take him to Small Claims court, where the (almost impossible) burden of proof would be on me to prove that they did anything wrong, etc etc. (Much more back-and-forth over the course of weeks, while his story has slowly morphed.)
My own research has led me to believe that this is a case of bailment for mutual benefit, that I delivered the car to him in working condition, expecting to leave with same, and therefor the burden of proof would be on him to prove he was not negligent by a standard of "normal care". He has since told me about the safe-guards at his shop specifically to ensure oil is always added after oil changes, and about the environment he has tried to create where all mechanics feel safe to admit their mistakes. But, one key part of his narrative has never changed: He was at his desk in the office, heard the noises the car made, got up, walked across the office and into the garage, and told a nearby mechanic to shut the car off.
It's now been 2 months since the incident. We have had to purchase a new car. Originally the mechanic said he would forgive the $1100 bill if we give him the title, as he would eventually ("after the busy season") like to tear it down to see what actually happened. Now, he wants me to tell him where to have it towed. Also changed the story about his insurance, now saying that, even if they had done anything wrong, it would be too expensive for him to file an insurance claim, as the car isn't worth enough to justify how much his premiums would rise. He has never any move to give me a bill.
So, I have these questions, and specifically as they relate to South Carolina law:
1- Am I correct that this is a bailment case, and that the burden of proof would be his?
2- I believe my argument in court would be that the oil-or-no-oil question is fruitless and irrelevant (however likely!), and that the specific negligence here was that they left the car unattended while warming it up, leaving no-one there to shut it down immediately if anything sounded out of place. The fact that the noises continued, and got worse, for long enough for him to (a) realize something was wrong, (b) walk across his office and into the garage area, and (c) tell someone who was doing something else to go shut the car off, proves their negligence and failure to exercise "normal care".
Am I on the right track?
3- All of a sudden (after 2 months) he is trying to get me to take possession of the car, by asking me where I would like to have it towed. Seems to me that once it leaves his garage, then I "could have done anything to it", correct? I should mention that he eventually offered me $150 for the car, and I countered with $3,000 (High Book for private sale would have been around $4,200. Average Retail up to $5,500. Actual listed sales nationwide up to $14,000!) Is there any reason at all why I should take the car back in its present condition?
4- Lastly, How much detail do I need to include in my Small Claims Court filing? I feel that a lot of the conversation over the course of 2 months reveals his changing narrative and generally slippery nature. I also think he would be prepared to argue that I can't prove they didn't put oil in the motor, and I am reluctant to spell out what my strategy might be. (I have also heard that he has a notoriously aggressive attorney on retainer.) So, exactly how simple can I keep the filing, while retaining the ability to recount what I feel is his own admission of negligence?
Heartfelt thanks to anyone who has made it this far, and takes the time to answer!
