Advice on bring suit against a mechanic

Kinja'd!!! "HammerheadFistpunch" (hammerheadfistpunch)
10/20/2015 at 23:51 • Filed to: None

Kinja'd!!!0 Kinja'd!!! 30

If what my coolant looks like turns out to be true, then the mechanic I paid to do a lot of work on my cruiser will have a 0 batting average. Within 26,000, miles nearly 100% of his work will have been or will need to be redone. his paperwork says his parts and labor are good for a year, its been about a year and a half. Any decent legal advice? If nothing else to help convince him he needs to take another less sucky stab it it?

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I should say that this work is not work that is reasonable to expect to be redone in 26,000 miles. Like differential seals, and a headgasket.


DISCUSSION (30)


Kinja'd!!! Birddog > HammerheadFistpunch
10/21/2015 at 00:06

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Sounds like a good Small Claims case if you can show negligence.


Kinja'd!!! Berang > HammerheadFistpunch
10/21/2015 at 00:06

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Was it clean when he originally changed it? Or has it just recently turned brown?


Kinja'd!!! Agrajag > HammerheadFistpunch
10/21/2015 at 00:07

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“The fuck is that shit?”


Kinja'd!!! Agrajag > HammerheadFistpunch
10/21/2015 at 00:07

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“Oh, God. It’s horrible.”


Kinja'd!!! DasWauto > HammerheadFistpunch
10/21/2015 at 00:11

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On his guarantee you’re probably SOL. You could bring the concern to him in a reasonable manner in the hopes he’s willing to throw you a bone but do you really want this mechanic to do this work again with his current batting average?


Kinja'd!!! EL_ULY > HammerheadFistpunch
10/21/2015 at 00:11

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Just because the mechanic worked on your LC often to keep it in tip top shape, it doesn’t mean parts couldn’t just fail at random.

Water pumps fail. Radiators fail. Seals fail. If something that was replaced failed, he will honor the warranty. He will them battle the parts manufacturer on his end.


Kinja'd!!! DrJohannVegas > EL_ULY
10/21/2015 at 00:15

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One part failure is a random event. Multiple part failures is very unlikely to be a series of coincidental independent random events, and is much more likely to be the result of something else, like sloppy work. (Or cheaply-sourced, sub-standard parts.)


Kinja'd!!! Dr. Zoidberg - RIP Oppo > HammerheadFistpunch
10/21/2015 at 00:18

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Go to him directly with your concerns. If you tells you to pound sand, you can throw a fit and maybe make a soft threat, but basically you might be sunk.

I had a bit of a fallout with my last mechanic... Honest mechanics are so hard to find.


Kinja'd!!! EL_ULY > DrJohannVegas
10/21/2015 at 00:19

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1 radiator failing can cause this. 1 water pump failing can cause this. 1 gasket failing can cause this. Heck in some Volvos, 1 axel cap failure can cause this. “This” of course being a bunch of parts failing afterwards or in this case, oil mixing with coolant, because of 1 thing. All this assuming it was something replaced by the mechanic. HammerHead knows this and it shocks me that he jumped to the conclusion of legal action this quickly.


Kinja'd!!! Dr. Zoidberg - RIP Oppo > HammerheadFistpunch
10/21/2015 at 00:19

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Also, what the hell are the plastic bits? Bits of gasket remnants?


Kinja'd!!! HammerheadFistpunch > Berang
10/21/2015 at 00:19

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It has stayed clean since, up until I recently had the coolant exchanged. I would blame it on the new shop, but I can’t imagine how they would have done it, they used the right coolant and didn’t power flush. I smell coolant in the car sometimes.


Kinja'd!!! HammerheadFistpunch > DasWauto
10/21/2015 at 00:20

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I really dont, but I really don’t want to pay another several thousand to have the top rebuilt again.


Kinja'd!!! HammerheadFistpunch > EL_ULY
10/21/2015 at 00:21

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I have yet to hear about a new head gasket failing if installed properly, same goes for a diff gasket failure unless it wasn’t torqued properly, same goes for the hub bearings if they were torqued to spec...etc. I mean its more than just happenstance.


Kinja'd!!! DrJohannVegas > EL_ULY
10/21/2015 at 00:22

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Sure, but from foggy, beer-addled memory (and the tone of HHFP’s post), this isn’t the first issue with the Cruiser.


Kinja'd!!! HammerheadFistpunch > EL_ULY
10/21/2015 at 00:23

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Just an FYI, the entire cooling system (minus the water pump) was new prior to his work and installed by a Toyota shop, then he installed a water pump with a Toyota part number so if its a failure, its got to be exceptionally rare.


Kinja'd!!! HammerheadFistpunch > Dr. Zoidberg - RIP Oppo
10/21/2015 at 00:24

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There is a lot of sediment in the reservoir, its like a silt, but gray.


Kinja'd!!! EL_ULY > HammerheadFistpunch
10/21/2015 at 00:24

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Is that what failed?


Kinja'd!!! HammerheadFistpunch > Dr. Zoidberg - RIP Oppo
10/21/2015 at 00:25

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Seriously. I thought I had found a good one given the referral source and the sheer number of land cruisers the guy had in his shop...but i have been consistently disappointed.


Kinja'd!!! EL_ULY > HammerheadFistpunch
10/21/2015 at 00:26

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I don’t know what failed. If it was one of those things, the warranty will cover it. It happens. Super inconvenience duh. But it isn’t a rare situation.


Kinja'd!!! HammerheadFistpunch > EL_ULY
10/21/2015 at 00:27

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I don’t know if anything has failed yet, could be something as simple as a busted return line. I will know more tomorrow.


Kinja'd!!! EL_ULY > DrJohannVegas
10/21/2015 at 00:27

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Whether it be a part failure of something replaced or something not tightened, the warranty will cover it. Suuuper inconvenient, but not a rare situation


Kinja'd!!! HammerheadFistpunch > EL_ULY
10/21/2015 at 00:28

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what warranty? his ran out about 6 months ago, do you mean a parts warranty?


Kinja'd!!! JGrabowMSt > HammerheadFistpunch
10/21/2015 at 00:28

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What motor are we talking about thats seeing a head gasket issue?

Legal advice? I have none. Ive had bad experiences with two shops that basically took my money or made massive mistakes that I wasnt okay with. I cut my losses, let them know my opinion of their work, and never went back, even if they offered to re-do their work.

Im not wasting my time to let them have a second stab at a job that should have been done right the first time. I would raise the issue, but be cautious and maybe ask if they could determine if the part they installed prematurely failed, and if theres any way to meet in the middle, or if this is a new issue entirely. I try to be diplomatic as possible, but also make it clear that there are other places for me to go. The shop I go to now is the best shop I have ever gone to, I can stop by at any time and theyre super honest. I have not always agreed with every little thing theyve done, but if theres a problem, I can go straight back to get it resolved immediately, and they are more than reasonable with billing. Unfortunately he has only one shop....


Kinja'd!!! AMGtech - now with more recalls! > HammerheadFistpunch
10/21/2015 at 00:28

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Find a great mechanic who is willing to put in writing the issues that have been found and corroborate your suspicions. However, even doing that, it may be difficult and time consuming to get anything out of this. Some things may have hard evidence, such as date stamps on parts that were said to have been replaced, and some may be conjecture. Even if your conjecture had solid roots in fact and science it won’t mean much without empirical proof. That being said, courts are inclined to lean towards the individual rather than the business in this type of situation.

You may have to do some exploratory surgery in order to find evidence of shoddy work; i.e. grinder marks/swirls on your cylinder head or block from a head gasket job (this is a big no-no), or incorrect types/quantities/paths of sealant (all of these should be specified in the factory service manual). Take lots of pictures, do add many tests as possible. Can your machine shop measure the roughness of a surface? What is the specific gravity of your fluids? Have you had an oil analysis performed? What are the moisture and copper levels in your brake fluid? Do the installed parts match the original invoice and quote? While disassembling, before removing or loosening any bolts, check their torque with a digital torque wrench that has a live torque reading; to tight is fine as long as it isn’t stripped because components well get stuck together over time, however loose is very bad and should be noted. Pay attention to bolt types, hose clamp positions, partially rounded off fasteners, and proper adjustment of things like throttle cables.

Good luck, I sincerely hope this was helpful and that this works out for you.


Kinja'd!!! EL_ULY > HammerheadFistpunch
10/21/2015 at 00:28

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Indeed buddy. Please keep us posted. Sorry you LC has to go back to the clinic. Beasts like that don’t belong there.


Kinja'd!!! EL_ULY > HammerheadFistpunch
10/21/2015 at 00:30

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Parts usually have warranty. They manufacturer will pay the claim on the mechanic’s end but they will lose on labor.


Kinja'd!!! Dr. Zoidberg - RIP Oppo > HammerheadFistpunch
10/21/2015 at 00:36

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Well if you desperately wanted a LandCruiser expert, this guy is the bees knees:

http://www.torfab.com/Home.aspx

He daily’s a BJ60. Opened a small shop in my home town years ago before moving to a much bigger shop nearby.


Kinja'd!!! HammerheadFistpunch > Dr. Zoidberg - RIP Oppo
10/21/2015 at 00:42

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This is my current mechanics DD, he seems to be pretty well regarded in the community here, which includes some stellar Land Cruiser nutters like Cruiser outfitters owner Kurt Williams and TLCA Utah chapter president Micah Platt, in fact, I think that’s his 60 next to my 80. As far as being in good hands, I may have found someone that could do the trick...probably too little too late.

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Kinja'd!!! Dr. Zoidberg - RIP Oppo > HammerheadFistpunch
10/21/2015 at 00:46

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Well if he’s well-regarded and all that jazz, then he should stand by his work.

Also, nice Cruisers and all, but Tor says FEH!

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Kinja'd!!! HammerheadFistpunch > Dr. Zoidberg - RIP Oppo
10/21/2015 at 01:04

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This is the new guy, not the one im upset with