Potential Small Claim Against Mechanic

Whale_Turds

New Member
Jurisdiction
Florida
I'll try to keep this as concise as possible. I have intermediate knowledge of auto repair and have performed several various repairs that also includes head gasket repair and performing tests to isolate misfire source(s). I am not an ASE certified mechanic. I did not attend an automotive repair school. I am self taught and have learned through others with more automotive repair knowledge than myself.

History:
Two months ago my son's car engine (50k miles) overheated. With a situation involving aluminum engines and overheating there is always concern for the possibility of a blown (breached) head gasket. After topping off the coolant system with distilled water the following symptoms occurred:
1) Coolant loss without an external leak.
2) White smoke with sweet smell from exhaust tail pipe. Coolant leaking into cylinder(s).
3) Performed a proper dry compression test and one cylinder was 70 psi lower than the others: (all within spec.). Did a wet compression test (add a couple ounces of motor oil) on same cylinder and compression did not rise. This generally indicates compression loss through leaking valve(s) as opposed to a leaking cylinder compression ring: in which case the oil would cause compression to rise.
If, the compression test revealed two adjacent cylinders low on compression that could indicate compression loss through a breached head gasket at the location between those two cylinders however, that wasn't the case according to the compression test I performed. For inquiring minds: Properly Diagnose Your Customer's Engine Problems

I've been very busy with work and home projects so I decided to bring it to a local mechanic that has performed a prior repair. I have the skill level to do the repair myself but, not the time. Also, he said he will warranty his work and the machine shop's (if needed) work for one year. *When an aluminum engine overheats it can cause the cylinder head to warp and require resurfacing (milling) that is typically performed at automotive machine shop. Prior to repair I asked the mechanic which machine shop and phone number he intends to bring the cylinder head to if it needs resurfacing and/or valve(s) lapping. He said the machinist he uses has his own small shop and does not like to deal with the public so he never gave me a phone number or address. What the mechanic did say and eventually write on his company's letterhead receipt is that he (the mechanic) warranties the labor of head gasket replacement repair plus the resurfacing and valve job (source of compression loss) of the machinist. I had him sign and initial the receipt. I find it highly suspicious concerning the 'secret" machinist he used and for all I know he either try to resurface the head and do a valve job himself or didn't do one at all.

Now, one month later the engine is not overheating but, the check engine light is on and it is a cylinder misfire code. I did a power balance drop test and dry + wet compression test which shows the same previous cylinder has low compression (more than 10% off). I also preformed other test (spark and fuel) to isolate other causes of misfire. All other test, besides various compression tests, ruled out other possibilities of misfire. I did these tests to isolate the issue (valve leak) as much as possible so when I bring it back to him he can't try to talk his way out of it. I am sure he will do his own test as well.

A second issue is a slow manual transmission gear oil leak that resulted in 5th gear not staying in gear. He removed the engine to do the head gasket. There's a rubber seal that seals the differential and the inner CV axle from leaking that he may have damaged during replacement. Those seal cost $5 and should be replaced when the CV axle is replaced. I had to get the car on the road so I replaced the gear oil which takes 3 quarts. When I drained it, it was down to about a 1/2 quart.

I called him yesterday and told him about the two the issues above. He said he'd take a look at it and I told him that the gear oil leak is not leaking from the fill or drain bolt and it has to be the inner CV/differential seals. I also told him that he should have replaced them as it's good practice or at least called me to ask if I wanted it done. Not surprising he didn't call because he never did once even though he delayed starting on it for almost two weeks. I told him I will pay for the seals but, I am not paying labor. He should have to pay for the gear oil, but I didn't mention it and the fresh gear fluid I put in can be saved and used again. He said he will do it without cost but, will not do anything else. I took that as meaning he's not going to take responsibility for the low compression (valve leak) issue.
I told him that I have narrowed it down to a valve leak and he got real defensive.

He said my son is way too hard on the engine and drives it too fast. He has no idea how my son drives and I told him that he drives responsibly. He then went on to say that I watch too many youtubes and make diagnosis before even bringing it to him. I told him I want to isolate the issue before I bring it to him and that's it my car, and that my knowledge is enough to do so. I (probably shouldn't have) told him that I know small claims is always an option but, that I don't want it to go that route and that he probably wouldn't want it go there either. He said "I know my rights too" and I said to him that I am sure he does and repeated that it's not my intention just an option if this doesn't get resolved otherwise. Last thing he said to me yesterday is bring the car to him. I plan to this Friday.

I know through my limited civil court appearances (family law) that he said, he (or she) said accusations don't matter. What does matter is cause and proof..written or verbally testified to in person. I am saving my engine test results, my date and time of calls and visits to him including his subsequent findings.

Questions:
1) If, this ends up in court is my knowledge and test results enough or will I need expert witnesses (certified mechanic).
2) Since a month has passed since he completed repairs could it be an easy out for him to claim that something is causing the compression loss.
3) Can I ask for any other settlement other than his labor fee
4) Any suggestions for gathering evidence or witnesses
5) Should I email contact him detailing or conversation and ask him about his course of action
6) All additional suggestions welcomed.

This is a good related read: How to Handle a Motor Vehicle Repair Case | Nolo.com
 
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1) If, this ends up in court is my knowledge and test results enough or will I need expert witnesses (certified mechanic)..

That would be up to the presiding judge.


2) Since a month has passed since he completed repairs could it be an easy out for him to claim that something is causing the compression loss..

Maybe, possibly, hard to say, but I've seen it done.



3) Can I ask for any other settlement other than his labor fee.

You can ask for $20,000,000.

Be reasonable, because even if you prevail, the fun has just begun.

You must then endeavor to collect on your pretty piece of legal paper.


4) Any suggestions for gathering evidence or witnesses.

That is entirely up to you.

If you don't know how to execute that task, you might wish to reconsider the entire lawsuit.


5) Should I email contact him detailing or conversation and ask him about his course of action

I wouldn't do that.
In many states you are required to send yoru potential defendant a demand letter.

Here are some links to a few such examples:
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The Do's and Don'ts of Writing a Demand Letter
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How to Write a Formal Demand Letter | Nolo.com
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Filing Your Small Claims Case - Civil Law Self-Help Center
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Florida small claims process:
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Small Claims
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http://www.floridabar.org/TFB/TFBRe...EE8DCD85256B29004BFA62/$FILE/Small Claims.pdf
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Small Claims Court - Clerk of Courts - Miami-Dade County
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Miami-Dade County Court advice on small claims lawsuits:
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Small Claims actions may be brought only in the county where the defendant resides, where the cause of action occurred or where the property involved is located.

Before you consider filing a Small Claims Action, you should first try to communicate to the other party exactly what is in dispute.

It is a good idea to send a letter which clearly states your complaint.

You may be able to resolve the problem without going to court.

A lawsuit should be your last resort in solving a civil dispute.
 
1) If, this ends up in court is my knowledge and test results enough or will I need expert witnesses (certified mechanic).

Two mechanics disagreeing with each other will be a wash, especially since each is biased and self serving.

You can certainly try it, but if you lose you can appeal to a higher court but you won't be able to bring in new evidence (testimony of an expert).

I suggest you hedge your bets by getting an expert witness that can inspect the components and testify to the cause of the problem. Count on spending $1000 to $2000 on the expert. Florida allows recovery of expert witness fees if certain procedural requirements are met. See 57.061(2):

Statutes & Constitution :View Statutes : Online Sunshine

2) Since a month has passed since he completed repairs could it be an easy out for him to claim that something is causing the compression loss.

Could be.

3) Can I ask for any other settlement other than his labor fee

Yes. You can "ask."

4) Any suggestions for gathering evidence or witnesses

Other than hiring an expert, no.

5) Should I email contact him detailing or conversation and ask him about his course of action

Yeah, good luck with that.
 
Thank you both for the replies. From my previous experience I have little faith in the local justice system. Defendants can lie all they want without recourse and the judge-in-training magistrate will most likely buy the BS over the facts to ensure their record is not scrutized to harshly on the way to the pulpit of judge-hood..LOL.

If I go that route and I really hope it doesn't come to that I will ask a civil atttorney that I've used a few times in the past few years to put my demand letter on her letterhead.

"Be reasonable, because even if you prevail, the fun has just begun.
You must then endeavor to collect on your pretty piece of legal paper."

Yes. I could end up spending money to recover money. No one wins except the county in lot of cases.
 
.

"Be reasonable, because even if you prevail, the fun has just begun.
You must then endeavor to collect on your pretty piece of legal paper."

Yes. I could end up spending money to recover money. No one wins except the county in lot of cases.

Friend, the government in its many forms, shapes, and disguises is the only winner, even when it appears one of us little people wins.

Life is that scam mommy always warned you about.
 
Friend, the government in its many forms, shapes, and disguises is the only winner, even when it appears one of us little people wins.

Life is that scam mommy always warned you about.

At this point in my life (50 yrs) I am so leary of government and unconscionable, crooked scumbags I'm down to only trusting my family and close friends.
 
I'm down to only trusting my family and close friends.

I've been on several legal websites for many years and hardly a day goes by without somebody reporting how they've been screwed by family and friends.

Trust everybody but cut the cards.

Meaning: Have a general faith in the good intentions of others, but never neglect to take appropriate precautions against being deceived or cheated.

Even with family and friends.
 
At this point in my life (50 yrs) I am so leary of government and unconscionable, crooked scumbags I'm down to only trusting my family and close friends.

I've watched those relatives appear in buzzard form to feast on the assets of a dearly departed, and fight like alley cats over trinkets.

These days, mate, I trust only in the "triplets": me, myself, and I.

I get your point, indeed I do.
 
These days, mate, I trust only in the "triplets": me, myself, and I.

The modern day trinity :)

Well, I'm calling the mechanic again today to set an appointment to hopefully get this worked out civilly. Maybe he will make good on this and slightly restore my faith in humanity. Wish me luck.
 
Trust everybody but cut the cards.Meaning: Have a general faith in the good intentions of others, but never neglect to take appropriate precautions against being deceived or cheated. Even with family and friends.

When I was young and naive I used to trust people blindly. Time and experiences have molded my thinking into the statement you posted above with the exception of my family and close friends. I've been very fortunate that with both my family and close friends we have a tight bond and to this point the positives outweigh the negatives by tons. I'm not so unassuming to believe that dishonesty can't happen, I've just not encountered it yet or at least not on a large enough scale to be concerned.

I have heard from others how ugly some family matters can get though. Most times it seems to involve money,, property or jealousy.
 
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