Car Damaged During Test Drive

[andy2049]

I live in Georgia and own a manual transmission vehicle with 114K miles. The clutch was having issues and would not disengage. The engine was working fine with no issues and maintenance was performed as manufacturer suggested. The vehicle would go into gear and drive but the clutch would not release. I drove the vehicle to the shop. I explained to the shop what was happening with the vehicle and that it needed a new clutch. The next day I receive a call from the shop explaining how before they worked on the vehicle it was taken for a test drive and now the engine is locked up and needs to be replaced to the cost of 4K. The cost to replace the clutch would have been $700 at most with labor.

I believe that the damage to the engine was a result of the mechanic taking the vehicle for a test drive and having an issue with the clutch during the test drive. I am planning on taking the vehicle to another shop for inspection.

If it appears that the damage was a result of the test drive is the shop liable?

What would I have to show/prove to have a successful case against the shop?

[Mr. Knowitall]

Once you know if your new mechanic can document negligence on the part of the prior mechanic during the test drive, we'll have a sense of whether you can make a case.