Posssible M.O. of unscrupulous mechanics

[4wrider]

Do you sometimes feel that your mechanic is trying to get one over you? Our family company had to change mechanics to service our vehicles because almost invariably once we bring it to their shop for minor repair, in a few days another part will break down needing costlier repair. I've tried to dismiss such cases as merely coincidental thinking that perhaps there is truth to the adage that when it rains it pours or misfortunes usually come in series. However, the frequency has not really bothered me much until I had my old SUV repaired due to problems with its alternator. Had to bring it back to motor shop thrice until they finally had it running. A day after the car was driven out of the shop (a well known franchise) it stalled in the middle a busy street. So we have it towed back to the motorshop who declared that the engine lost oil causing much damage that now requires a general overhaul.

Now you must note that the alternator was at the side of the engine and could not be repaired without removing the engine oil hose connected to the oil pump, which is in turn, housed at the back of the alternator. Based on the opinion of other mechanics, the one who repaired the alternator must have remove the oil hose and failed to place it back properly. And with the tremendous pressure passing through the hose it got loose causing the oil to spill.

Estimates of the needed overhaul range from 30K to 80K. I feel that we have been violated and then taken for granted. I'm beginning to think that this time the motorshop has gone over the top and was even hoping to profit from the misfortune they have brought upon us.

I'm now contemplating on trying out the new Supreme Court's Small Claims Court. What do you think?

[4JGtootsie]

What happened to you is really sad.
Parang hindi ninyo suki and shop kasi hindi man lang inalagaan ang sasakyan ng taong nagbubhay sa negosyo nila. Its a simple mistake that can really cause a great deal of money and worst is down time.

[ab_initio]

TS, ask your retained counsel about the possibility of breach of contract or torts.

[v6dreamer]

You could sue the person or the shop for negligence but you must have to prove that they are reponsible. It is possible the mechanic is messing with you but unfortunately, you cant blame them for doing it on purpose, just tell them it started all this right after driven out of there shop. If they totally deny responsibility, just take theme to the court.

P.s,
For small claim, the "superior court's" will do just fine, dont drag this to the "Supreme Court".

[4wrider]

You could sue the person or the shop for negligence but you must have to prove that they are reponsible. It is possible the mechanic is messing with you but unfortunately, you cant blame them for doing it on purpose, just tell them it started all this right after driven out of there shop. If they totally deny responsibility, just take theme to the court.

P.s,
For small claim, the "superior court's" will do just fine, dont drag this to the "Supreme Court".

All I need to prove to pin them on negligence is an affidavit from the independent mechanic who evaluated the damage of the engine and the promixate cause of the damage. He can affirm that the repair made by the errant mechanic requires the removal of the engine oil hose which probably was not properly replaced resulting to the massive and sudden oil leak. With their billing and invoice we can easily establish what the negligent mechanic last repaired.

As to the small claim court, it was the the Philippine Supreme Court which actually promulgated the new rules and procedure for small claims (because SC is the only who can do such). The new procedure provides for very simple rules under the metropolitan courts, the lowest courts here in the country. In fact, the rules prohibit the parties from being represented by lawyers. Parang people's court nga lang ito much less inferior than the "superior court" like in the US of A. Proceedings here can be informal and can go freewheeling as the judge deemed so. I believe it was even patterned after the US small claims court. I would not have otherwise even consider filing a case if it were not for this new rules. My experience with lawsuits here is that only lawyers will come out as winners.

Do you know that in Singapore, a similar small claims court can dispose cases with just one hearing and only after a few days notice.

[4wrider]

TS, ask your retained counsel about the possibility of breach of contract or torts.

In fact, I'm quite sure that there was a breach of contract for their failure to exercise simple diligence. And although, it would be difficult to prove quasi-delict or criminal negligence which is a type of tort here in the Philippines, I can also play this card since it would probably cause the defendant greater pain initially. Kasi nga criminal case.

I would go for the breach since as a mere civil suit all we need to win is present preponderant evidence. Paramihan na lang ng evidensya, more or less.

[4wrider]

What happened to you is really sad.
Parang hindi ninyo suki and shop kasi hindi man lang inalagaan ang sasakyan ng taong nagbubhay sa negosyo nila. Its a simple mistake that can really cause a great deal of money and worst is down time.

First, pag hindi inalagaan that means they failed to exercise the ordinary diligence required of them. This is simply negligence. Even if it's a simple mistake then they should at least do or offer to do something to compensate, instead they're denying any responsibility and even wanted to profit from our suffering which, to our mind, was their own doing.

[s_quilicot]

sue them on court na. or confront them with a massive firepower behind you.

[boybi]

Sue them, tapos palakihin ang issue sa media, para makita rin ng ibang mga lokolokong mechanics at magtino silang lahat.

[vinj]

Well known franchise? Rapide? Spill the beans for the benefit of consumers here.

[kiper]

Intentional or not. Possible nga na mangyari ung ganyan.

Mahirap talaga kapag di nababantayan ung quality control.

If you have time to sue them.. do it.

Overhauling an engine is no joke. Laking gastos nyan.

[4wrider]

mbeige - the subject vehicle is being used by our family business and since I don't think it's economically practical for me to personally attend to the case, I plan to assign one of our staff to attend and gain experience. I will just provide advise and direction.

kiper - mahirap establish kung intentional kaya civil case na lang. Kapag may intent dapat kasi ang kaso criminal case na malicious mischief. Higher ang standard of proof para maka-kuha ng conviction. Although, mas konti gastos sa lawyer pag criminal case kasi yung fiscal ang hahawak ng kaso. Pero dahil meron ng small claims court dito hindi na rin masyado kailangan ang lawyer dahil may ready made form na para sa complaint tulad din sa labor cases.

[4wrider]

How about regulation car mechanics?
Eyes on the road by Andy Sevilla of Business Mirror

I THINK it’s about time that local government authorities began regulating the services provided by mechanics of auto shops.

Just like other professionals whose performances are scrutinized, the authorities should look into how motorists can be protected from so-called mechanics, who have no actual schooling or experience in servicing the cars of today.

There are too many motor shops these days and car owners should be protected from “fly-by-night” establishments manned by inexperienced mechanics with questionable backgrounds. Because of the lack of qualified car mechanics (most of whom are now going abroad to look for greener pastures), car shops are forced to hire inexperienced workers who undergo in-house training under the tutelage of other mechanics (some of whom are also inexperienced).

With the local government authorities looking into the qualifications of these people, cheating and “half-baked” service can be minimized.