Loose Timing Belt Destroys Engine After Repair

My question involves a consumer law issue in the State of: Connecticut

I brought my van in to a "mom-n-pop" garage on FRI, 19 APR 2013 for timing belt and water pump. Van ran fine all weekend, than Monday I go to start it and hear a LOUD grinding metal noise; tow to dealer and they say timing belt tensioner was not adjusted properly. Can/How do I hold the garage that did the repairs responsible?

Do you have any sorta warranty/guarantee from Mom-n-Pop?

You can sue in small claims court, and attempt to prove that they were negligent in their repair resulting in damage to your vehicle. That may require testimony from a mechanic.

You say "for timing belt and water pump" - meaning they replaced both?

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Quoting souperdave

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Do you have any sorta warranty/guarantee from Mom-n-Pop?

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Their website/receipt says "All work guaranteed for one year."

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Yes, they replaced both...water pump was fine, but timing belt was loose.

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A mechanic is simply going to say the same as what was printed on the diagnosis, right?

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Quoting Mr. Knowitall

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You can sue in small claims court, and attempt to prove that they were negligent in their repair resulting in damage to your vehicle. That may require testimony from a mechanic.

You say "for timing belt and water pump" - meaning they replaced both?

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You always replace the water pump, when replacing a timing belt, if it is in a hard to reach place. Otherwise, the tension of the adjusted serpentine belt alters the side torque on the water pump bearing and it vibrates to failure.

So what did mom n pop say when you returned to discuss the issue? I don't need to advise you in the future to have this done at a major chain do I?

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Quoting Erik78

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A mechanic is simply going to say the same as what was printed on the diagnosis, right?

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a qualified mechanic is going to testify in response to questions asked. If that is to read what is on the diagnosis statement, then he will read that. That isn't going to do a lot for you though since that is what will be in question.

You have to have the witness testify that:

the facts concerning the belt are as stated. Unless your witness inspected the vehicle prior to any additional repairs, he can't. The mechanic that did the inspection would have to testify to that. They could be the same person if that is how you design your suit.

the fact that the stated condition of the belt could result in the damage (which so far, apparently you have not determined the extent of) found.


the situation was the result of faulty work and NOT defective parts


understand that some Joe Blow backyard mechanic is not an acceptable "expert" witness. You will want somebody with any and all qualifications and certifications possible. Preferably a mechanic that works on the specific engine model would be good if you can.



curious as to the year, make, model, and engine you have.

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Quoting jk

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the situation was the result of faulty work and NOT defective parts

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Unless there was a misrepresentation of the parts (e.g., used part instead of new), they used the wrong part, or they used a part that they knew or should have known was not of sufficient quality to stand up to the normal operation of a car (for example, an repair shop near me imported some brake pads from China that had a bad tendency to fall apart during use).

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Quoting jk

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understand that some Joe Blow backyard mechanic is not an acceptable "expert" witness.

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The threshold for qualifying an expert is pretty low - but as jk suggests, Joe Blow may not be convincing as an expert.

This is a 2005 Kia Sedona mini van and the diagnosis was made by a Kia dealer technician.

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After removing the blown engine, the dealer determined that the timing belt failed because the tensioner had not been adjusted properly.

The good news is used Kia engines in New England are cheap and plentiful. The bad news is you have it at a dealer who may refuse to install a used engine. How was the tensioner installed improperly? How many miles on the van?