Took Car to Neighbors Shop and His Employees Screwed it Up!

[johnredding]

Originally Posted by El_Diablo Better yet, put a sign that says "Kremko Broke My Car" on it and park it facing out of your driveway.

I can build on that.

Buy parts to fix car. Contact Nator. Get a responsible adult to purchase 8-16 cases of beer. Get Nator to fix in Kremko's driveway. Nator members sleep it off on his lawn for the night.

Maybe that will teach him.

[El_Diablo]

Public drunkeness....

[Dano]

ok I gave up reading on the last page but would like to address the mechanical aspect of this case.

As voltwings pointed out, our clutch and brakes share the fluid reservoir. OP took the car in to have brake work done with zero clutch issues beforehand. Shop does brake job leaving something not right with metal to metal sounding contact.

to retract the rear caliper piston you have to screw it back into the bore....they could have fucked that portion up leading to the rear brakes dragging all the time.

if they used a power bleeder on the master cylinder I SUPPOSE its possible they blew out the slave cylinder. At any rate they did in-fact touch a related component of the clutch system when they performed a poor brake job.

to me that locks in the responsibility of the shop to resolve the clutch slave cylinder issue.

now on to the vibration:

the tech might have broken the RMM if he launched the car after he was down the street and it would both make it hard if not impossible to get into gear as the shifter cables would no longer be in alignment, and cause the vibration you are talking about.

TL;DR my own post but the shop is responsible and you have to be diplomatic to a fault to try and get them to fix it. If that fails...well you're better off eating the costs of the repairs b/c going to court is much more costly.

You are within your right to put posters all over your car with the shops name and description of what is going on though Facts only... facts are not defamation.

good luck

[Andjo]

I have a used clutch if you want it. Will only charge you for shipping. I have disk, flywheel and pressure plate with 65k miles on it.

[soul.survivor]

A guy I work with has taken a couple of shops to small claims court over stuff like this and has always won. I think it's worth a shot, especially if you have a witness. It does cost money to file a claim but if you win they'll be on the hook for the bill. The fact that they did work on it once and screwed something up forcing you to come back again and then he drove off like that and had to walk back should be enough to get a judgement against them.

And learn to do your own brakes. It's easy, especially with forums like this telling you how step by step.

[Roddiy]

Originally Posted by Dano ok I gave up reading on the last page but would like to address the mechanical aspect of this case. As voltwings pointed out, our clutch and brakes share the fluid reservoir. OP took the car in to have brake work done with zero clutch issues beforehand. Shop does brake job leaving something not right with metal to metal sounding contact. to retract the rear caliper piston you have to screw it back into the bore....they could have fucked that portion up leading to the rear brakes dragging all the time. if they used a power bleeder on the master cylinder I SUPPOSE its possible they blew out the slave cylinder. At any rate they did in-fact touch a related component of the clutch system when they performed a poor brake job. to me that locks in the responsibility of the shop to resolve the clutch slave cylinder issue. now on to the vibration: the tech might have broken the RMM if he launched the car after he was down the street and it would both make it hard if not impossible to get into gear as the shifter cables would no longer be in alignment, and cause the vibration you are talking about. TL;DR my own post but the shop is responsible and you have to be diplomatic to a fault to try and get them to fix it. If that fails...well you're better off eating the costs of the repairs b/c going to court is much more costly. You are within your right to put posters all over your car with the shops name and description of what is going on though Facts only... facts are not defamation. good luck

This crossed my mind reading the thread too, it's possible they fucked up the Slave cylinder and the tech beating on it surely doesn't help.



Also, check if they have CCTV around the shop, that should have footage of the tech abusing it.


You brought them a fully functional car and it broke in their hands, they're responsible for this OP. If you have to go to court do it, you have a likelihood of winning, and that will cover costs.

[jamesr242]

Originally Posted by El_Diablo one missed shit or accidental high clutch drop and the clutch can shatter.

Usually one missed shit just leads to a bloated feeling, not a shattered clutch

I also find it very hard to believe the slave just failed of the sudden like that and took out the clutch. Even if it started to fail to the point where it can't fully separate the clutch from the flywheel I would figure you could tell right away from the trans grinding. I've had one fail in my gay-ata and it was working fine, just leaking a bit. I get the feeling that that type of failure is more common than just blowing out suddenly.

[Andjo]

Originally Posted by jamesr242 Usually one missed shit just leads to a bloated feeling, not a shattered clutch I also find it very hard to believe the slave just failed of the sudden like that and took out the clutch. Even if it started to fail to the point where it can't fully separate the clutch from the flywheel I would figure you could tell right away from the trans grinding. I've had one fail in my gay-ata and it was working fine, just leaking a bit. I get the feeling that that type of failure is more common than just blowing out suddenly.

The employee probably didn't know what he was doing and probably just started forcing it into gear. I would take him to small claims court and have him pay for a 3rd party to fix it.

[Style]

What are my chances in court if the dealer says they can't say that Kremko caused the damages?

[El_Diablo]

None & possibly a counter suit for defamation.

[keymaster]

The dealer can't say who did anything, they weren't there. The dealer can say what could cause the kind of damage they found...could a brake system flush plus a tech spinning the wheels lead to the clutch exploding? Ask the dealer what it would take to cause the clutch damage, and get them to document that as well as what is wrong. I don't know if the slave cylinder failing could cause the clutch disk to come apart, or if that takes abuse plus a forced shift, that's something to ask them. It's important to get the dealership to put down on paper what could cause the damage, especially from a car that was apparently operating properly when it was dropped off at the shop.

At that point, go back to the shop, give them a copy of the report, and politely ask them if they intend to cover the damage they did to your car. It happened on their watch, so that makes it their responsibility, especially with the tech spinning the wheels. If they flat out refuse all responsibility, then you're off to small claims and to file a complaint with the BBB, and whatever else you need to do to burn that shop. Make sure that you tell them, politely, the consequences if they don't offer to do anything to mitigate the situation. Ask who their insurance company is, and if they are AAA or ASE certified then file reports with them as well. Talk to your insurance company as well, they may be able to help.

If they offer to work with you, then it's up to you...I can see a case where you cover a bit and they cover most of it, just to move things along (though they really should take care of all of it). In the end, this should be covered by their insurance, that's the point of shops having insurance, because accidents do happen to cars in a shop. Make sure that they do not work on the car obviously. It's possible they may just want to pay you some amount to go away, if that happens you can take it and then get NATOR to help you put things back together. Note that you don't have to work with them, they should be responsible for the entire repair, this is just an option if you want to play nice with a neighbor.

You'll likely win if it goes to court, the car was fine when it got there and broke on the test drive where the driver spun the wheels taking off, but it will take time to go through the system. Stay calm, get your information, give them a chance to do the right thing, and hopefully they will instead of fighting it. It's not really that much money, especially compared to what they will lose when word gets around that their techs abused a car and broke it. Good luck.

[breakfstincluded]

at least shit in his yard

[Style]

Originally Posted by keymaster The dealer can't say who did anything, they weren't there. The dealer can say what could cause the kind of damage they found...could a brake system flush plus a tech spinning the wheels lead to the clutch exploding? Ask the dealer what it would take to cause the clutch damage, and get them to document that as well as what is wrong. I don't know if the slave cylinder failing could cause the clutch disk to come apart, or if that takes abuse plus a forced shift, that's something to ask them. It's important to get the dealership to put down on paper what could cause the damage, especially from a car that was apparently operating properly when it was dropped off at the shop. At that point, go back to the shop, give them a copy of the report, and politely ask them if they intend to cover the damage they did to your car. It happened on their watch, so that makes it their responsibility, especially with the tech spinning the wheels. If they flat out refuse all responsibility, then you're off to small claims and to file a complaint with the BBB, and whatever else you need to do to burn that shop. Make sure that you tell them, politely, the consequences if they don't offer to do anything to mitigate the situation. Ask who their insurance company is, and if they are AAA or ASE certified then file reports with them as well. Talk to your insurance company as well, they may be able to help. If they offer to work with you, then it's up to you...I can see a case where you cover a bit and they cover most of it, just to move things along (though they really should take care of all of it). In the end, this should be covered by their insurance, that's the point of shops having insurance, because accidents do happen to cars in a shop. Make sure that they do not work on the car obviously. It's possible they may just want to pay you some amount to go away, if that happens you can take it and then get NATOR to help you put things back together. Note that you don't have to work with them, they should be responsible for the entire repair, this is just an option if you want to play nice with a neighbor. You'll likely win if it goes to court, the car was fine when it got there and broke on the test drive where the driver spun the wheels taking off, but it will take time to go through the system. Stay calm, get your information, give them a chance to do the right thing, and hopefully they will instead of fighting it. It's not really that much money, especially compared to what they will lose when word gets around that their techs abused a car and broke it. Good luck.

The dealer wasn't any help. They said that what's wrong with the car is impossible to happen in one drive. They say there's no way to determine who did what with the car. The slave cylinder doesn't just go out in an instant, yada, yada, yada, the mounts look solid. All that good to hear bullshit.

I also talked with the owner/neighbor. He said until the dealer writes down that it was their fault, he's not doing anything for me.

I fucking give up. I don't want to take a risk of losing in court. If I have a chance of losing by not having it written down that it was there fault, I'm not going that route. I'm starting small and seeing if my local NATOR guys can help me. I ended up paying the diagnosis fee and am gonna get the car towed back to my house. I also ordered the slave cylinder from them and that should get there tomorrow by noon.

I hope the NATOR guys can help me determine if the damages are severe. I think they're ASE certified so I'm going to try to talk to those guys.

[keymaster]

Small claims is different from regular court...talk to your lawyer friend about it.

If the shop owner is saying that, then burn him. There is no way a car just breaks like that, in so many ways, without something being done. Sure, the slave cylinder might have had an issue, but that shouldn't lead to an exploded clutch all of a sudden. Tell the shop guy if he's not going to take any responsibility then you're filing a BBB complaint and complaints with his certifying agencies (ASE, AAA, whatever), and feel free to talk to the media as well. Make sure you base everything in a factual statement, that keeps him from trying to sue you for defamation. The car broke while in his care, if he's going to take that attitude then he deserves to be taken down for it.

Make sure to be polite though, and tell him you regret having to do this but it's the only way he is held responsible for damaging your car. It's always better to stick it to someone who deserves it with a smile on your face.

[Scribbles]

I'm gonna have to agree with Dom though. I doubt they checked out the clutch, hell they probably didn't even start the car, how was it taken in? Tow truck? They probably saw the amount of miles on the vehicle and just thinking it needs a new clutch. How long was the car spent at the dealership? I'm still going with that you'll be fine after a new slave cylinder. So far the part that sucks is that you bought the slave through the dealer(which is about $138 after tax) on top of that I'm guess you'll have no choice but have them install it. It's at the dealership already, but it really is a 15 min job with the bleeding. They'll probably charge you 30mins of labor time, so about $60 for that fuck up.

So right now you're about $200 in without the towtruck expense(guess that's how it got to the dealer) and whatever else you paid for the mechanics to look at for the brakes. If your neighbor wants a receipt, fine. Play the 'fuck you' game, have the dealership write that the slave cylinder went out on the last drive. Is it true? Yes. Is it cheating? Damn straight.

It seems that the neighbor is a dickhead owner anyways. I'd stop spending money before posting on here and getting in touch with your local nator guys. One dude already offered you a free clutch.

[motherfnmonsta]

man this really sucks, the shop should take care of you one way or another, I suggest like others have to find a lawyer and consult with him on this situation.

[Style]

Originally Posted by SoAgg159 I'm gonna have to agree with Dom though. I doubt they checked out the clutch, hell they probably didn't even start the car, how was it taken in? Tow truck? They probably saw the amount of miles on the vehicle and just thinking it needs a new clutch. How long was the car spent at the dealership? I'm still going with that you'll be fine after a new slave cylinder. So far the part that sucks is that you bought the slave through the dealer(which is about $138 after tax) on top of that I'm guess you'll have no choice but have them install it. It's at the dealership already, but it really is a 15 min job with the bleeding. They'll probably charge you 30mins of labor time, so about $60 for that fuck up. So right now you're about $200 in without the towtruck expense(guess that's how it got to the dealer) and whatever else you paid for the mechanics to look at for the brakes. If your neighbor wants a receipt, fine. Play the 'fuck you' game, have the dealership write that the slave cylinder went out on the last drive. Is it true? Yes. Is it cheating? Damn straight. It seems that the neighbor is a dickhead owner anyways. I'd stop spending money before posting on here and getting in touch with your local nator guys. One dude already offered you a free clutch.

The cars already back at my place. The towing fee for that was 55. It all came out to around 390 in total. I didn't want the dealer touching anything because they wanted close to 700 after the job was done. As for paying to have the brakes checked, nahhh, I got fucked over for free. Not a dime spent there.

Now I'm going to see if the local guys can help with the slave cylinder install. I doubt this is stopping at 390. Whatever is causing the car to shake is probably going to be expensive too. If it does end up being a mount, at least I'll be able to upgrade to something better though.

Originally Posted by Andjo I have a used clutch if you want it. Will only charge you for shipping. I have disk, flywheel and pressure plate with 65k miles on it.

And I'm definitely down for that! Let me just see if the slave cylinder makes things better and if not, I'll take the offer. Thanks for that!

[jack_hammer]

Ask the shop guy too detail exactly what they did and how they did it. So you can troubleshoot it. But really,.it's to find out what they did and where you can make your case in small claims court.

Maybe start recording your conversations, too

[Style]

Originally Posted by jack_hammer Ask the shop guy too detail exactly what they did and how they did it. So you can troubleshoot it. But really,.it's to find out what they did and where you can make your case in small claims court. Maybe start recording your conversations, too

They're pretty shady. Half the things they say don't even make sense. They claim the car didn't go farther than where it's at but the car obviously went further if it was left in a position where a U turn was previously done. It was also left on top of a hill. The car had to have been driving for him to get it up there to begin with.

If I never signed anything at the shop, like one of those consent forms, does that give us an advantage? I never authorized a test drive. How does a small claims court work in a my word against his case? There's no way I'm getting evidence against these guys.

[Scribbles]

Originally Posted by Style The cars already back at my place. The towing fee for that was 55. It all came out to around 390 in total. I didn't want the dealer touching anything because they wanted close to 700 after the job was done. As for paying to have the brakes checked, nahhh, I got fucked over for free. Not a dime spent there. Now I'm going to see if the local guys can help with the slave cylinder install. I doubt this is stopping at 390. Whatever is causing the car to shake is probably going to be expensive too. If it does end up being a mount, at least I'll be able to upgrade to something better though.

I'd bring all those bills to your neighbor, tell him this is the minimum work but mazda did recommend a new clutch as well as inspection on the gears. Dude, fuck your neighbor though, what a dickhole. I'm surprised they even let you take the car off his shop

[StayBroke]

I dont think small claims court is that much money. Why not just go ask a lawyer? They will tell you if its worth it or not.

I think you will win. BTW if you take a car anywhere to do anything, ask if you can drive your car in and out of the shop. If not go somewhere else and ask.

[predapio]

Wait 6 months and put sugar in his gas tank.

Laugh when the tow truck shows up.

EDIT...damn, it doesn't work...wth

[Mauro_Penguin]

Originally Posted by predapio Wait 6 months and put sugar in his gas tank. Laugh when the tow truck shows up.

A potato in the muffler end will work better, might need a rubber mallet and a few love taps. If your good no one will hear you, and you can sit back and watch those exhaust valves bend very quickly. Just sayin...

[Style]

Originally Posted by predapio Wait 6 months and put sugar in his gas tank. Laugh when the tow truck shows up. EDIT...damn, it doesn't work...wth

Does that really not work?

Originally Posted by Mauro_Penguin A potato in the muffler end will work better, might need a rubber mallet and a few love taps. If your good no one will hear you, and you can sit back and watch those exhaust valves bend very quickly. Just sayin...

Yesssssss, fuck up that piece of shit truck he drives...

[ms3_goon]

Pour a gallon of water in his tank. Gas is less dense, so it will float while the water gets allllll up in his fuel lines.

Couch=fucked

[Style]

Originally Posted by ms3_goon Pour a gallon of water in his tank. Gas is less dense, so it will float while the water gets allllll up in his fuel lines. Couch=fucked

I hope he doesn't have one of those gas tank doors like ours where it's opened from the inside...

If he doesn't, I'm so down to fuck with his shit. His truck and that ugly ass Escalade his bitch drives. Oh, and we can't forget about the daughters piece of shit Honda!

[El_Diablo]

Originally Posted by StayBroke I dont think small claims court is that much money. Why not just go ask a lawyer? They will tell you if its worth it or not. I think you will win. BTW if you take a car anywhere to do anything, ask if you can drive your car in and out of the shop. If not go somewhere else and ask.

As a former service manager, service writer as well as technician and so on, I can tell you that most will not let you drive your own vehicle becuase its still their liability. Same reason a lot of shops will not or cannot allow you in the service bay. I would personally never let a customer drive their own car in or out, even as a sales consultant I still dont allow customers to drive cars in or out of any of our buildings.

[SamInAustinTX]

PM me your number and I'll see if I can make it down south tomorrow when you're available to have a look/lend a hand. @backward_0; and @SofaKingAwesome; both live south and may be willing to help given the situation at hand. I will indeed fuck the dude's daughter regardless of wether she is hot or not just based on principal.

[BoostedM]

Sorry about the situation, shit sucks.
My .02 is dont do anything rash that screams you did it. and wait a while because im sure he is on high alert right now waiting for you to do something. that being said here are my recommendations. remove a tire valve from the escalade, it will just piss them off in the morning. your already in the hole a bit so why not go to the parts store and get them some nice fancy locking gas caps and lose the keys, obviously pic your store wisely might also be a good idea to get yourself one to say they got you too. And my personal favorite get some jb weld and cover the oil drain plugs on all the cars and wait.

[SamInAustinTX]

Originally Posted by BoostedM And my personal favorite get some jb weld and cover the oil drain plugs on all the cars and wait.

That made my night.

[keymaster]

Quit worrying about losing ins small claims court. You put your case together with the evidence you have (your testimony counts as evidence), you go in, you present the case with all the backup you have, and then you see what they say and refute the lies they try to get past the judge. Judges have heard it all, they are usually pretty good at figuring out when someone is lying, especially if you tell the entire truth (like how you got pissed and blew up). Talk to a lawyer about it, they will give you advice. Also, check with the BBB, etc. for complaints that have been filed about the shop.

Oh, and quit blowing off steam about how you want to fuck their shit up in a searchable forum...that won't go over well if it's tracked down, especially if you're making plans to destroy their property in revenge. Let everyone else fantasize about it, and live through it vicariously. Stick to the facts, they are enough to put a dent in their business reputation, and that's revenge enough if they don't pay you for what happened.

[StayBroke]

Originally Posted by El_Diablo As a former service manager, service writer as well as technician and so on, I can tell you that most will not let you drive your own vehicle becuase its still their liability. Same reason a lot of shops will not or cannot allow you in the service bay. I would personally never let a customer drive their own car in or out, even as a sales consultant I still dont allow customers to drive cars in or out of any of our buildings.

Maybe its just me then lol, i drive my car in and stay back there and talk to the guys when i have any work done.

[El_Diablo]

Originally Posted by StayBroke Maybe its just me then lol, i drive my car in and stay back there and talk to the guys when i have any work done.

And thats great when you can build a relationship like that but often times it can be very bad for a business. Smaller shops are a bit more lax on this but still can be risky. I can only imagine if someone slipped and smacked into my tools....

[StayBroke]

I have done it at dealerships also, no relationship with them at all either.

Im getting a alignment here shortly and ill be driving the car up on the lift my self.

[El_Diablo]

Damn southerners, all lax about shit, lol.

[Style]

Originally Posted by keymaster Quit worrying about losing ins small claims court. You put your case together with the evidence you have (your testimony counts as evidence), you go in, you present the case with all the backup you have, and then you see what they say and refute the lies they try to get past the judge. Judges have heard it all, they are usually pretty good at figuring out when someone is lying, especially if you tell the entire truth (like how you got pissed and blew up). Talk to a lawyer about it, they will give you advice. Also, check with the BBB, etc. for complaints that have been filed about the shop. Oh, and quit blowing off steam about how you want to fuck their shit up in a searchable forum...that won't go over well if it's tracked down, especially if you're making plans to destroy their property in revenge. Let everyone else fantasize about it, and live through it vicariously. Stick to the facts, they are enough to put a dent in their business reputation, and that's revenge enough if they don't pay you for what happened.

The only reason I'm so worried about losing is because if I do lose and he has an attorney, I'm forced to pay for that. If I can't even pay 700 dollars for a repair, there's no way I'll be able to afford paying for his attorney. And if I decide to get one too, then I'll be in an even worse position if I lose. Then I'll be stuck with the 400 dollars this has cost me so far, and then another 500 dollars to maybe even a grand on top of it just for trying in court.

[keymaster]

I don't know the rules in Texas, but here lawyers are not allowed in court for a small claims trial. You can consult with one and have them assist you, but the people involved present the cases. There should be no court costs for lawyers, and you should not be responsible for their lawyer fees if they hire one.

You need to check the rules in Austin (or whatever the local jurisdiction is), talk to your lawyer friend and see what they say for a small claims trial...if they really force you to pay for the other guys attorney, well, that's totally stupid for what small claims court is supposed to be for.

[Style]

Originally Posted by keymaster I don't know the rules in Texas, but here lawyers are not allowed in court for a small claims trial. You can consult with one and have them assist you, but the people involved present the cases. There should be no court costs for lawyers, and you should not be responsible for their lawyer fees if they hire one. You need to check the rules in Austin (or whatever the local jurisdiction is), talk to your lawyer friend and see what they say for a small claims trial...if they really force you to pay for the other guys attorney, well, that's totally stupid for what small claims court is supposed to be for.

They are allowed over here I also talked to a lawyer and she said that without Mazda saying they caused the damage, I'm likely to lose...

If I just get a paper from a random shop (a friend of mine owns one) that says the damage to the car was caused on the last drive, like @SoAgg159; says, can I use that even if it's some ghetto, probably not ASE certified or anything like that, shop?

[MS6_Newb]

I been screwed by a local shop and there was nothing legally I could do. So, I posted advertisements everywhere I could to let people know how they screwed me and told them not to go there anymore. This worked so well that the shop called me apologized and fired they employee while rectifying the problem. Bad press works. On your spare time stand in front of his shop with a sign if you have to.

BTW Bleach in the gas tank fries the rings and seizes the motor. Or so mythbusters claims.

[cbspd3flip]

All of you talking about revenge against his property need to get a reality check. Grow the fuck up and be the responsible/professional one, even if they are being dbags about it. Also posting about causing damage in here is not the smartest thing to do.