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Should I take this mechanic to small claims court?

Discussion in '1st Gen. Tacomas (1995-2004)' started by anticlimatic, May 11, 2015.

  1. May 11, 2015 at 7:51 PM
    #1
    anticlimatic

    anticlimatic [OP] Well-Known Member

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    I really hate to do this to anyone, so I'm trying to find a reason not to. I'm hoping someone can tell me that the assumptions I'm making here are just coincidental and that the problem I'm having isn't his fault.

    About a month ago a new mechanic in town was offering a ridiculously low warrantied rate. Since I'm an idiot who can't pass up a deal, I paid him 200 bucks to put a new clutch in a first gen 3.4L tacoma for me. When I got it back the chatter was pretty outrageous. I asked him if the heavy transmission vibration during shifting was because the clutch was new, and he said he thought so. I let it break in a while, but it didn't get better.

    While he had it the idle control valve seized up (before I knew what an idle control valve was), and the first thing I did to troubleshoot it (assuming it was his fault somehow) was to get down under the truck and check for disconnected sensors. What I found instead was that the bracket on the front of the transmission wasn't even attached. It was just mangled and unbolted. I sent the mechanic a kind of 'wtf' message and he responded that he 'ran out of torch fuel and just couldn't get the bolts lined up.'

    I told him I'd have a mechanic down the road put it on for me and he could pay for it, at which point he offered to do it himself if I brought it back. I didn't have the time to bring it back there, so I just had the guy down the road do it and ate the cost myself. The vibration went almost completely away. There was still a little clutch chatter but the vehicle wasn't shaking anymore.

    As soon as I got it back I noticed I had a new oil leak between the transmission and the motor, which I am assuming is a bad rear main seal considering how far up on the transmission fly wheel housing I can see the splatter. So my question is this:

    Did that seal likely break because the transmission was shaking all over the place? I asked the first mechanic I used if he would fix the seal for me (and the loud chirp the transmission started making at idle without the clutch pushed in), and he refused, telling me that he never went near the motor seals so it wasn't his fault.

    Is that true? Is it probably just a coincidence that the rear main seal failed when it did? He's a nice guy, I don't want to screw him over.
     
  2. May 11, 2015 at 7:57 PM
    #2
    Hondah

    Hondah Revelations 6:8

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    Nice guy or not, faulty work is faulty work. If I tell someone I can paint a wall, we both expect I can paint that wall. If fail to paint the wall, I would presume the next step for me is to either 1. paint the wall or 2. advise they get someone else to paint the wall.

    In your case a mechanic jacked around with some stuff and you had to seek out another "professional" to handle it. My next step to keep court fees and lawyer fees out of the equation is to take your invoice from the second mechanic and seek retribution from the original mechanic. If he refuses or provides no other solution, set up a court date.

    Edit: the wall paint example is a point of if I tell someone I can do it, I intend on doing it. Painting a wall wouldn't require me to have to pay the homeowner for the new guy, but to rather lose credibility all together. Mechanical stuff is foreign to many people, they have to take their vehicles into shops.
     
  3. May 11, 2015 at 8:02 PM
    #3
    Sandman614

    Sandman614 Ex-Snarky TWSS elf, Travis #hotsavannahdotcom

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    My only concern is the terms of the Warranty, specifically the length, and documentation. I believe that he did shoddy work and hate that you got taken advantage of. If you waited too long for it to "Break in" and took it to another mechanic without documentation that he would pay then I think you may be out of luck. Law is all about documentation if you don't have any you are screwed unfortunately..
     
  4. May 11, 2015 at 8:08 PM
    #4
    neverstuck

    neverstuck Well-Known Member

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    how much are you out?
     
  5. May 11, 2015 at 8:54 PM
    #5
    anticlimatic

    anticlimatic [OP] Well-Known Member

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    He did 2 jobs for me, oil pan gasket for 200 and the clutch for 200. I wouldn't be surprised if the pan gasket was also leaking, but the splatter is well above it so I know it's not just that. The only documentation I have is text message correspondence. I don't know if that's good enough, but submitting an official transcript is worth a shot.

    I'm mostly curious if anyone thinks a mechanic would assign likely cause to the rear main seal going out because of that loose bracket. I'm not that mechanically savvy but I'm assuming that seal goes around the crank/drive shaft that feeds right into the transmission. If I can get the mechanic that fixed the bracket for me to put in writing that it was the likely cause for the rear main seal failing then I'll take it back to the first guy and give him one last chance to fix it himself (even though I honestly don't want him going near my vehicle ever again). If he doesn't, I'll see about filing the paperwork.
     
  6. May 11, 2015 at 9:46 PM
    #6
    keakar

    keakar Well-Known Member

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    that falls under the category of common sense and the law of probability say its his fault but he has solid deniability sinceit cant be proven so im sure you are SOL on the rear seal but take it as a good thing that a "real" mechanic will have a chance to look over the clutch job and fix any issues.

    im also very curious why he said needed a torch to work on a tranny, I know of know flames that should be involved in that job or anything else you ever do to a vehicle.
     
  7. May 12, 2015 at 4:26 AM
    #7
    anticlimatic

    anticlimatic [OP] Well-Known Member

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    The bracket attaches the transmission to the exhaust, and the bolts on the exhaust were rusted solid. I think he bent the bracket pulling the transmission over it, and was unable to get it bent back when it came time to hook it back up, and couldn't get it off of the exhaust to put it in the vise.
     
  8. May 12, 2015 at 2:25 PM
    #8
    Wyoming09

    Wyoming09 Well-Known Member

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    Pretty much got what you paid for.

    Clutch and labor for $200.00 or just Labor??

    It is really hard to find a good mechanic and good and cheap never go together.

    With Fabrication work I quote a price if they don`t like it go to the next place.
     
  9. May 12, 2015 at 3:27 PM
    #9
    bldegle2

    bldegle2 OldPhart

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    The prices he gave you are less than a cost of a new clutch assembly, first OMG...you probably got only a pressure plate or just a new/rebuilt disk, he phucked up the reassembly....you, however, went down the proverbial "too good to be true" route....you got what you paid for....

    Anytime it seems too good to be true, especially if you have limited experience on actual costs, step back and do the research first....good luck with your quest....the oil leaks from the rear main could have been caused by the excessive vibration given the age of the seal, it is hard to prove though....
     
    Last edited: May 12, 2015
  10. May 12, 2015 at 5:07 PM
    #10
    anticlimatic

    anticlimatic [OP] Well-Known Member

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    I supplied all the parts myself, cost was just labor. Think I'll just chalk the whole thing up to lessons learned and move on. Replacing that seal when I JUST had the transmission out just burns me up a bit. Oh well.
     
  11. May 12, 2015 at 8:28 PM
    #11
    gearcruncher

    gearcruncher Well-Known Member

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    Was the flywheel resurfaceď ? should yoù have clutch issues , a flywheel resurface is part of the requirement for warranty . Also curious if the pilot bearing was inspected as this would put the mechanic in contact or near the rear maiñ seal
     
  12. May 13, 2015 at 1:19 AM
    #12
    Wyoming09

    Wyoming09 Well-Known Member

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    If you get no satisfaction having some money refunded I would for sure lets people in your local area know of your problems.

    We have one person in town no one in the know will use. So many people have had problems .
     
  13. May 13, 2015 at 2:13 AM
    #13
    anticlimatic

    anticlimatic [OP] Well-Known Member

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    He offered to have it resurfaced but said it looked fine, so I passed (stupid, I know). The pilot bearing came apart when he was replacing it and the outer part seized up. He ended up cutting it out with a dremel. Not sure if he tried torching it first or not, but probably. If and when I get that seal replaced I'll have them save it for me so I can take a look at it.
     
  14. May 13, 2015 at 5:22 AM
    #14
    Moco

    Moco Well-Known Member

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    This.

    Dont bother chasing around for a few hundred bucks. You paid a hack to do shit work and got shit work. Did you find him off CL?

    Consider it an expensive lesson. A small claims suit will probably be a waste of money and time as he will contend that you have a 20 year old truck and that things are bound to go wrong, unrelated to his work. Judge will most likely agree.
     
  15. May 13, 2015 at 6:28 AM
    #15
    Tinmann

    Tinmann Well-Known Member

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    Well, lesson learned I suppose. Two things come to mind, if he offered to do the repair and you took it to someone else without giving him the oppurtunity then you're out of luck in court because he has the right to correct the repairs first. The court will side with him unless you can show a good enough reason why you went somewhere else for the repair.

    The other is the leaking rear main seal. Unless he took the flywheel off for any reason, he's correct when he told you that he didn't come close to the seal, as the seal is buried behind the flywheel.

    If you happen to take him to claims court and he doesn't show, then the court will award you your money but it's still a dog n' pony show!

    I'm with Moco and the others, absorb the loss and move on. At least its minimal.

    Word of mouth advertising ( good or bad) is the best or worst for a business. You can be the town cryer and spread the word on this guy. I would.
     
  16. May 13, 2015 at 6:46 AM
    #16
    frizzman

    frizzman Well-Known Member

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    Flag one, you asked him a question and his response was basically "umm, sure, we'll go with that"

    Flag two, you took it home with new vibrations present and waited.


    unless you have a two wheel drive it's a PITA to get the whole oil pan out, and as others have stated you take it back otherwise it's on you for not allowing him to correct the issue (even if it's shoddy work)

    the truck wouldn't have gone 100 yds from his shop if I felt new issues. Luckily I'm fortunate to have a mechanic in the family
     

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