Advice with small claims

[corrin]

I am looking for some advice in regards to damage caused to my vehicle by a negligent mechanic. I went to said mechanics shop, where we made a mutual verbal agreement for me to purchase a new headgasket and parts, him charging me $450 cash for labour. I will make a long story short, my car was in his possession for 3 weeks total, with the windows rolled down, sitting in his parking lot. (they took the engine out and then realized they couldnt roll the auto. windows up...) After three weeks, and another $250 for a new timing belt, we went to his shop and demanded our car back. We left the shop, immediatley noticed the power steering was no longer working. We took our car to Canadian Tire for a opinion on the work that was done in the three weeks that said mechanic had our car. Upon inspection, we were informed that when the engine was put back in the car, the power steering hose, fuel hose, and numerous other things were crushed. Not too mention the timing belt was put on backwards... The total cost of repairs at canadian tire was $3450.00!!! For damage done by him... I sent him a registered letter, requesting him to cover the damage cost caused by his negligence, he refused my letter. I am now pursuing small claims court. My only worry is that I have no actual reciept as this was a verbal agreement. Also, should have taken pics of my car in his shop lot with windows down, however wasnt thinking that I was going to be needing them... Please help me, do I have any chance in making this man pay for his actions, and his mechanics.

Corrin Barras

 

[dee_dub]

You have a chance. You might have problems proving some elements of your claim - for example, if you are claiming damages for exposure to the elements by your windows being left down. Get the mechanic's report from Canadian tire detailing what was done wrong by the former mechanic.

I would suspect you might have more trouble actually collecting on a judgment in the event you succeed in court.

 

[corrin]

Hey there, thanks for your reply. I am actually not claiming any damages caused by the rain. luckily there wasnt any! I am asking for the !3450.00 canadian tire charged me to replace timing belt, power steering, fuel lines that were crushed by him putting the engine back in.

 

[corrin]

items replaced by canadian tire were:
timing belt (which orig mechanic put on a new one backwards, therefore ruining it)
Cylinder head
power steering pump/lines
fuel lines. All of this damage was done by him dropping the engine back in my car with a cherry picker... I am claiming the Canadian tire bill, which i have a detailed statement from them satating all damage was caused by previous work done. I am also claiming the $700 cash I paid him. I also was out of a car for almost a month, and now paying the interest on the credit card i used to pay for the damage repair. I am claiming $5000.00.

 

[dee_dub]

Assuming you are successful in proving he caused the damages, you should at least be entitled to the cost of the repair. I can imagine the first mechanic might fight that by adducing his own estimate from someone else, so you might want to get another independent opinion. Whether you can claim successfully for loss of use of the car, and interest on the credit card used to pay the bill, depends on any number of things. It doesn't hurt to ask.

 

[corrin]

im having trouble writing my plaintiff statement. I am not sure how much to elaborate. It is such a small area to write. I am sure I have my time in court to elaborate. However, still unsure of the most important points to put in the statement and how to word it. I have to get it done by tomorrow, gahhh