My question involves a consumer law issue in the State of: Pennsylvania
1st tranny repair
Oct 29th - Nov 18th
2nd tranny replacement
Dec. 16th -19th
Radiator replacement
12/30-12/31
Motor replacement
Jan 9th -30th
Ever since January, I've been going back and forth with attorneys who are saying this case is definitely possible to win but expensive! They want $1000 minimum retainers, and one said hopefully the maximum fees would be approx $3000. The other one wasn't as confident in this case and said his confidence in recovery stopped at me recovering the sticker price I paid for the car & MAYBE my attorney fees but excluding the warranty, car rental bill, and out of pocket repairs on wheel bearings.
I'm looking for opinions/information on how I can leverage these facts in my (our) favor to win the price of the car PLUS compensatory damages or the most cost effective way to litigate. My plan C is taking him to small claims for the rental car and wheel bearings and just selling the car (fairly!) on Craigslist.
In 10/13 I had to make a hurried decision in buying another used car because my previous car was totaled in an accident and I had to get back to work. I decided on a 2003 Ford Escape with 120k miles for $5 thousand with a 2 yr power train warranty for approx $1k. I paid cash with the insurance payout.
Literally 5 days later the transmission won't properly reverse, and using the dealers "preferred" garage, I put a claim on the warranty to repair the transmission. The car had to be seen twice, once for tranny repair the second for a tranny rep I told him I needed a rental car to get to work, he said he would reimburse me, but THEN he offered to let me use a 2002 Hyundai Elantra as a loaner -- it breaks down 48 hours later on the highway. I get it up and running and it had electrical issues that would lockdown the car and the alarm would go off. I phoned him and told him he needed to come get his car, and that he finally needed to pay me for a rental car until the transmission is fixed. He said he would, and 3 weeks later when the transmission is finally fixed he rescinded his offer.
2 weeks after I have the car back, the heat was not working car was not accelerating and the temperature gauge would shoot up to the very top; then the engine stalled out. I call his "preferred" shop again, after their assessment they say it needs a new radiator. Put another warranty claim and took about a week to fix that.
Then 2 more weeks later, temperature gauge still shoots up and I take it Firestone where they said the headgasket is basically blown and there were cracks in the engine; the radiator did NOT need replaced. I call my warranty company and they direct me to a preferred shop in my area to handle a full-engine replacement; I then find out that the car dealer's preferred garage put warranty reimbursement claims that they did not even FIX, and presumably had been lying and not fixing my vehicle for repeat business and told me that I can only bring it to them because of.... something with the warranty I don't know! (Super naive I know.) I took about a month for the new preferred shop to replace my engine.
At this time, the dealer and I are not on good terms, the cooperation and personal rapport between him and I disintegrated and he became insanely disrespectful and uncooperative. I have not spoke to him since.
In February minor work was done like replacing headlights and tail lights, oil change, and the rotors had to be adjusted because of this grinding noise when I turned. This was about $150 out of pocket.
This april I just had to get wheel bearings because the grinding noise never went away, it was $400 out of pocket.
About a week later something in my engine blew again, car stalled, and mechanic (same preferred shop who had fixed my engine) said it needed a catalytic converter. We took it Monroe Muffler for a second look and the mechanic took me under the car to show me the exhaust pipes hanging on by rusted threads and the whole exhaust actually needs replaced, about $2 thousand out of pocket, or he can modify it for about $1000 out of pocket.

