I had a mobile mechanic mess up my car... What do I do now?
Hi, over a week ago (07/03/2007) I had a "Mobile Mechanic" by the name of Ben Harp come to my house and change the head gaskets and check the heads on my 92' Jeep Cherokee Laredo. After he was done and left I drove my car and it sounded and felt horrible. I called him back the next day (07/04/2007) and he said he'd come take a look at it on Friday. Well, he never called back and wouldn't answer my calls. I have the receipt and a copy of the check we gave him. I paid him $465.85 to change the head gasket, and the thermostat. Before he did this the car drove fine, but there was oil in the coolant (meaning a blown head gasket). But now the following things are wrong.
- Very rough start up
- Idle drops very low
- Loss of horsepower
- Knocking noise from the engine
- Knocking noise from the exhaust
- Shifting is off
- A few bolts are missing
- Thermostat gauge doesn't work
Should I get an attorney right away? Legally, what would you do in this situation?
Answer:
Well, alot of good answers here ..However small claims court only recover a loss of so much...They can only do what it takes to make you "whole again" so consider the value of the loss..it isn't just the $465.00 you have lost, but also the cost of what it will take to fix, if indeed he is responsible as you say,the worsen shape he left your automobile in...Seek out your local small claims court, see what thier cap is on damages, and if the loss is greater than what they allow, you will then see A lawyer.By all means stop payment on check..which I already know is too late, for them type so called"tradesmen" have the car headed to the bank to cash a check you gave them before both feet are in the car! You cannot stop payment on one already cashed...also obtain phone records on a hard copy to prove the times you called to have him fix it...Most states you have to give them 3 oppertunities to make right what they wronged...If you cant get him on the phone...submit the telephone records with his number on it..
Don't hire Ben Harp again
stop payment if its not too late. take the guy to court if you can find him. but it sounds like you got took. sorry to hear it.
It sounds like he didn't get the timing right when he put it back together.As far as legally, the only thing you can do is sue him in small claims court.You might contact your state attorney generals office, sometimes they can help.
Unfortunately for you, the symptoms that you are describing don't seem consistent with being caused by a mechanic changing a gasket and replacing a thermostat. You'd be hard pressed to prove he was the cause, especially if he never Ran the engine in the course of the job he performed. If he did, as a responsible mechanic and to get more work he should have noted on the invoice any non-related defects he observed and recommended specific repairs, but again, that's a good business practice and not an obligation. He will say that there was obvious pre-existing damage from you running the vehicle with a known problem of the blown head gasket, causing damage to the engine, and its your word against his.
Very simple. Stop payment on the check and let him try to sue you . You will never hear from him I bet. Next time , dont be so lazy and cheap to fix your jeep. Take it to a reputable mechanic and pay the 1200 dollars and get it fixed right the first time.
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