Auto Mechanic Performed Faulty Work

**Azazel** · 03-14-2012, 08:02 PM

My question involves malpractice in the state of: Tn

I have a 1995 nissan truck that the rear bearing and seal went out of. I took it to a machanic shop and they put a new bearing and seal in it. well i get to my job after picking it up only to get 5 mins down the road and the same bearing locked up turning me sideways in the road. almost causing me to wreak into other cars. I took it back to the shop and they said they had repaired it. So now I get home to find that my park break doesnt work any more. I took the drum off on the side they had worked on to find my break cable missing and the rear seal still leaking. I took it back to them to get it right, they had my truck for 2 days and never touched. They told me to pick it up and they do it next week cause they was to swamp with other jobs. So I had to come pick it back up cause its the only way I can work. I do maintencae out of it so I half to use it to work out of. So then next week comes and they put me off again. So tonight 3/14/12 the axle that they worked on comes out of the axle housing once again sending me into on coming traffic. I need to know if i can sue for malpratice for putting my life in danger twice then on top of that leaving my break cable out of the drum, which could cause another accdient when my truck rolls off when im not in it cause i have no park break. possiable running someone over or going threw someones house.

Can someone tell me what my best legal action is? Or should I call them and tell them they need to fix it or im going to sue or just take it some where else get it fix right and sue them for the cost of repair and my time lost at work? But i'm pretty mad over the fact that twice ive about been in a accident over there faulty work, not a good feeling seeing a car coming at you on the road. all i can say is thank god someone looking over me.

jk · 03-14-2012, 08:10 PM

are you talking about an axle bearing and seal? That's what is sounds like but a "rear bearing" might also be the pinion bearing but that would not typically cause the problems you are having.

at this point I would simply take my truck elsewhere to be repaired. Then I would ask the first garage to reimburse you for the park brake cable repair and a refund on the bearing and seal work done at their shop.

I need to know if i can sue for malpratice for putting my life in danger twice then on top of that leaving my break cable out of the drum, which could cause another accdient when my truck rolls off when im not in it cause i have no park break. possiable running someone over or going threw someones house.

You don't get to sue for "what if's" and since you know there is no parking brake, you are fully liable for any damages this situation might cause.

**Azazel** · 03-14-2012, 08:31 PM

Yes the repair was for the axle bearing and seal. But the guy didnt grease the bearing the 1st time which cause the 1st lock up. They also told me they had broke a press trying to press the bearing out. which most like mess my axle shalf up.

jk · 03-15-2012, 04:43 PM

Given the apparent ineptitude, I would simply go to another garage and have them fix it and examine the axle for damage.
I suspect they damaged the bearing while trying to press it onto the axle shaft.

**Azazel** · 03-19-2012, 05:03 AM

Well had another machanic to fix it and I had to get a new rear end. My axle broke right in the bearing housing and it chewed up my gears. So I suspect that when the other place heated up my axle they weaken it plus the press on it. Cost of rear end was 350 machnic cost was 471. Cost at the 1st place 150, So total 971.00. Now I want to take them to small claims court. But my one problem I have is the shop I need to sue didnt give me a recipt caused I paid cash and he didnt tax it. Will this be a problem? I have my wife and stepdad as a wittness that my truck was in there shop plus calls made to there shop on my cell phone. Other machanic is going to make me a statement about the damage with pictures from the old rear end. My stepdad was in there with me when the guy talked about breaking a press and that he got the axle cherry red with a tourch. I know nothing about sueing, So can you tell me what I need to do to file a claim against them. I take it I need dates and recipts. But does this work like judge jody where Ill need my witness and go to court?

jk · 03-19-2012, 03:02 PM

whoa!!!! heated up your axle? For what? I have been working on cars for 40 years and not only do you not heat up an axle (they are heat tempered to a specific hardness), heating the axle would be counterproductive since it would cause the axle to expand and make the bearing tighter.

Now, I have had to cut off a bearing that was seized so tightly it would not come off the axle even with a press but that is done very cautiously and one imparts as little heat to the axle as possible.

But my one problem I have is the shop I need to sue didnt give me a recipt caused I paid cash and he didnt tax it. Will this be a problem?

it could be. Why no receipt? Just because you paid cash is no reason to not get a receipt. One thing that may be a big problem is what work they actually did.

If you want to compare a real world court to one of the court shows, please watch The People's Court and not Judge Judy. Milian tends to treat her show like a real court. Judge Judy treats her show like her personal bitch fest and tends to ignore a lot of rules and laws that would be required in a real court.

In Tennessee, they do not have a "small claims court" quite like other states. You want to deal with the Court Of General Sessions which has a monetary limit of $25k and does allow attorneys to represent the parties.

here is a link that will give you some info. You should be able to find the court in your county. Then contact them to see if they have any assistance for a person working pro se (representing themselves). They may be able to direct you to any court forms available and hopefully some literature to assist you.

http://www.tncourts.gov/programs/self-help-center

I did not check to see if TN requires any licensing for auto repair. If they do, you may want to contact the office that oversees that licensing. They may be able to assist you as well.