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It’s very sad that we live in a society where people search out targets to blame for their problems. But, the plaintiff will respond that from her perspective the problems began after you worked on the vehicle. Unfortunately that means that when ever you do this kind of work you need to protect yourself with documentation at the time of the work. It’s a little late now, but you did document there was evidence of a head gasket leak which will be important for your defense. Having documented that, they might argue the question as to why you replaced the water pump when more serious problems were at hand. It always feels strange to have to protect yourself from your clients, but it’s a reality of our society.
I would wonder what she has up her sleeve, with suspicion that she may have taken the vehicle to another mechanic who told her that the damage was done by you. If the second mechanic can prove that the timing belt was out of time, then she might have a case. Professionals carry liability insurance for this kind of suit but amateurs are usually not able to do that. If you charged her for the service then you will be judged on the professional side of the conflict. It’s a big reason why I worry about working on others’ vehicles.
Regardless of how this works out, you have my sympathy and support. It’s too easy to brood over this kind of conflict, and often things work out fine, eventually. So, don’t let her win by making you lose sleep every night….
well she asked me for a receipt of what she owes me, i gave her one, then she ignored me for two months hasnt paid me and then emails me that i ower her 2600 dollars for shit that was already wrong with the car
The whole “you get what you pay for” statement was not meant to be negative towards Sarah in anyway, shape or form. But i would be under the assumption the judge will understand that Sarah does not own a shop and in the judges eyes knows that she did everything to the best of her ability given her resources at her disposal. I hope that makes sense?
I think i got alot of the terminology wrong in my last reply on this topic so i apologize.
Before you gave her the receipt, she had no proof that you worked on the car. There is a difference between a contract to do a specific job and a contract to make repairs until the car is running better. If she told you, “Change my timing belt.”, then you would be under contract to do just that and you could ignore all other repairs (or resolve all other symptoms). If she said, “fix my car”, then I would expect a dialog would follow. As soon as you found all the other problems, the customer should have been notified. An agreement would need to be made as to what would be done first. I’m writing as a customer. I don’t run a garage and I fix my own cars under the oak tree.
My wife and I have been through enough legal scrapes to know that even lawyers have people they must answer to. Yes, judges can tell who is lying.
What is important to prevent this kind of thing is communication. Written, signed communication. When you take the car in, write down the customer’s explanation of the complaint:
“Customer states that engine is running rough/stalling and check engine light is on.”
After diagnosis, write down everything that you found wrong with the car together with cautions about what else might be wrong with the car under the circumstances. (So if you find the timing belt slipped or broke, write down that there might be additional damage like bent valves, damaged pistons, etc.):
“Code P0300, general misfire. Code P0016 camshaft/crankshaft out of synchronization. Diagnosis: Timing belt components damaged. Also noted anti-freeze in oil, indicating head gasket leak.”
Write down your recommended repairs– everything, including recommendations about doing more than one thing at a time– along with your estimate:
“Recommended repairs: Replace timing belt and worn timing belt components as needed. Remove cylinder heads and replace head gaskets. Note: Damaged timing belt may have caused hidden damage to valves/pistons. Cylinder head leak may be the result of a cracked/damaged cylinder head. Cylinder heads to be inspected after removal for damage and repaired/replaced as necessary following additional customer consultation. There is significant labor overlap in timing belt and cylinder head gasket repairs and both of these repairs are critical to proper engine operation. Recommendation is that both repairs be performed at once.”
If the customer refuses certain repairs, note on the document that the customer refused x and y, but authorized only z. :
“Customer refused head gasket repair and additional labor to check for damaged valves and pistons. Customer authorized replacement of timing belt.”
Note your advice to the customer that they failed to follow:
“Customer was advised that vehicle will not run correctly with only timing belt replacement. Additionally, failure to repair head gasket or to check valve/piston damage may result in additional damage to the vehicle if customer continues to operate the vehicle after timing belt replacement.”
Finally, have the customer read, sign and date this document.
I’m sure there are some bad people out there, but for the most part I think these things result from misunderstandings. It seems obvious enough to you that fixing a timing belt is pretty much pointless without fixing a head gasket leak or checking that no valve damage has occurred, but a customer may not understand that. If you don’t shatter their false expectations up front and make them sign it, then they may think they are justified in blaming you when things go bad. There is a reason that many larger shops do this kind of thing– the few minutes you spend now will save you hours of frustration and anger– it is worth it to do this even if you are fixing cars out of your driveway.
Next time just give then any proof that you worked on their car… Thats the best thing I can think of.
well im probly gonna get proven wrong but i replied to her email the day she sent it (april 26th) and still haven’t gotten any reply from them so i believe that it is probably just an empty threat, considering she wouldn’t have much of a case i think it’d be the best interest to just leave me the hell alone
Hopefully she was just blowing off steam. If so, the good thing is you’ll be prepared next time. People around me know that I know about cars and that I’m not a professional mechanic, so they ask me when they are doubting a repair or estimate. I have only rarely had to tell someone that something wasn’t right– and that usually involved a quickie-lube type upsell. I’ve even talked people down when they felt they were getting ripped off and they weren’t. The thing is, people realize they are in a weak position dealing with a mechanic and that makes them nervous and a bit paranoid. Their only transportation to work and everything else is broken with some mysterious problem and needs to be fixed. They bring it in with this dread that it’s going to break the bank and sure enough, the mechanic tells them something they’ve never heard of is wrong with it and it’s going to be expensive. How do they know the mechanic isn’t making up that thing they’ve never heard of and can’t understand? Everyone says its good to get a second opinion, but should the pay for a tow and a new diagnostic fee? Why should they trust the second person? Besides, they need their car now, so they have the worst feeling that they’re over the barrel. Multiply that by 10 if the customer is someone that’s strapped for cash.
This is why I think it’s so important to communicate fully with your customers. Take a few minutes to take the mystery out of things a little bit and your customers will feel more like they’re in charge of their money and that they should trust you as an expert.
Sarah, I have a sneaking suspicion that your customer took her car to another mechanic or talked to someone that correctly told her you could have caused the bent valve by messing up the timing belt job. That would lead a suspicious customer to also blame you for anything else that might be wrong even though you couldn’t have caused it (like the head gasket). Not that it’s your fault, but this is where it comes down to communication– if you suspect that a timing belt has slipped, always warn your customer that there might be a bent valve or other damage. If you diagnose a leaking head gasket, always tell the customer that the head may be cracked. It’s not as important with small jobs or service-interval jobs, but for these big things just try to think through possible problems and tell your customer in advance. That way it won’t be a surprise when you tell them they need to spend a few hundred more for a valve job, etc.
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