Taking the a$$hole mechanic to court

[Nd4SpdSe]

I have a few videos on YouTube of my wife and I wheeling my stock Xterra on Hydroline and stuff. You can use any of that if you want. Username is Fyrtowr

Wondering if getting articles from known off-road vehicle magazines would help your case. Showing that it's a recognized in the off-road community that it's a viable vehicle with good capability stock and upgrade potential.

Stuff like this:
http://www.fourwheeler.com/eventcoverag ... _moab_4x4/

Could even make a list of local and active members on this site of Xterra owners, years of ownership and off-roading experience. Could even list the mods (specifically suspension) to compare to yours, those who off-road stock and with lesser modifications than yours, and also list those with trucks much more modified that yours, to show that the modifications asked are just the tip of the iceberg in available upgrades that don't require custom modifications to the vehicle and the use of a welder. Might not include SAS'd trucks, but at least worth a mention to the extremes that you can go.

If you need some nice pics:
http://www.facebook.com/media/set/?set= ... f61e647e03

[minidisco]

I am über-pleased to announce that the mechanic (despite bringing his lawyer) were found to be in the wrong by the Small Claims Court, and damages were awarded to me unconditionally. That means instead of selling my truck, I'll repair it some more and drive it till at least next fall/winter. Many thanks to all those who offered words of encouragement; advice; useful and kick-ass links, and special thanks to Morpheus for all his assistance and to Milton Nissan for putting my truck back on the road.

Now, if only the mechanic would default on the payment.... then I'd be awarded 3x the compensation! But I'm happy with what I got.

[Simon]

Great news!

[Bow_Tied]

Wow, congrats!

The judge offer any explanation in the decision? Just curious what angle was most in your favour.

[minidisco]

Wow, congrats!

The judge offer any explanation in the decision? Just curious what angle was most in your favour.

Yes, he did. I'll paraphrase in a few key points:

- truck sat in the shop for 26 days after being told that it would take 3-4 days for the work
- it was released 3x in the span of 8 days, each time with faulty or incomplete installation
- shop offered no basis for further credibility = warranty is useless in this case
- mechanic failed to take positive action, instead chose to send reply through lawyer

He then asked them to provide an answer as to how much they're willing to pay to rectify the matter. The lawyer said "as much as $500" to which the judge actually laughed at them and then TOLD them to leave the room, discuss a PROPER recompense for damages done, and return with a serious answer. In their absence, he suggested that I settle for just under half; they came back with just under 1/3 and the judge had them increase it.

It's being paid back in $500 increments bi-weekly till end of February....
Not too bad; way better than what I would have settled for 2 months ago before my friends insisted I try the court!

[Nd4SpdSe]

Congrats!

[the x kid]

Way to go. I bet he will make sure what he is doing next time.

[Snafu]

Awesome. It is a shame you had to go through this but I am glad it worked out.

[BigRed44]

That's awesome to hear

[Miner]

Wow, congrats!

The judge offer any explanation in the decision? Just curious what angle was most in your favour.

Yes, he did. I'll paraphrase in a few key points:

- truck sat in the shop for 26 days after being told that it would take 3-4 days for the work
- it was released 3x in the span of 8 days, each time with faulty or incomplete installation
- shop offered no basis for further credibility = warranty is useless in this case
- mechanic failed to take positive action, instead chose to send reply through lawyer

Common sense prevails...it must be a Christmas Miracle

[chazthecat]

sad you had to go threw all that but at least you came out on top.. to many shaby shops out there !

[963rdgen]

Just read this whole ordeal, wow. Glad you won.

I'm on the border of Markham and Scarberia myself, and I use Mike at Mechanics Zone in Scarberia. He personally has a 1st gen 4runner he built with dual transfercase, solid axle swap. He understands 4x4's and does good work at good prices.

Good to hear Milton helped you out, just is a little far i guess.

[minidisco]

I use Mike at Mechanics Zone in Scarberia. He personally has a 1st gen 4runner he built with dual transfercase, solid axle swap. He understands 4x4's and does good work at good prices.

Mike's a good guy. My mom's been taking her Maxima and now Altima to Rad & Mike for years. They've replaced my clutch 2yrs ago, and also replaced my rear brakes last year: good people, and not too expensive. Just not "Nissan mechanics" that's all...

[963rdgen]

Small world lol.

[Scotto]

Well done!

To be honest, I thought you didn't stand a chance in hell. I was wrong - thankfully.

Quick question: when you say the pay-out is $500- bi-weekly til the end of February, do you really mean $1000-/week for two months? That's a lot of mullah. And you say the judge suggested half of the payment... What was the cost of the original work?

Again - congrats on winning the case. Hopefully dolt-mechanic boy won't be pulling these stunts again. I'd be interested to see what does to his BBB rating.


Scott

[deeker]

I understand bi-weekly as every other week, until the end of February.

[Bow_Tied]

Fortnight is the way I took it.

[Scotto]

Yeah - unfortunately bi-weekly has two meanings.

One means twice/week.
The other means every two weeks.


Thank you English .

[minidisco]

Fortnight is the way I took it.

Correct. So I get back $2k out of the $5400 that he charged me.

[Scotto]

Well, it's a drag all this happened, and you're still out 3+ grand. Glad something worked out, though.