Transmission Troubles

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mavman117

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On December 23, 2010 my 97 Dodge Avenger ES 2.5L V6 blew a pin out of the transmission making it necessary to have a rebuild done. Normally that would be fine but I had already had the transmission rebuilt Last year around February 17, 2010. I proceeded to tow the car back to the transmission shop so that they could rebuild it since it had a 12,000 Mile / 12 month warranty. There was still over a month left on the warranty and almost 2,000 miles left on the warranty as well.

I proceeded to call them back after two weeks and they stated that the car had not been looked at yet because they were busy. I called back two weeks after that and found out that they had gotten it in and they figured out that it blew a pin (remarkable when I told them that in the first place.) They said that they were ordering parts. I let it go for another 2 weeks and finally called them again asking where my car was and what the status was. The stated that they couldn't find a transmission casing for the transmission. I told them that I needed to get that car back because I didn't have a car (as my other car is a rear wheel drive 2 seater) and I couldn't work or anything. The guy stated that he didn't want to hear my sob story and hung up on me.

At this point I got irritated and called the Attorney General for Maryland. I proceeded to tell them about this (Around 18th of February at this point) and asked them what I should do. They said that they could act as a mediator but that was all. I said fine and they contacted them. 3 weeks pass and I finally get a call back from the Attorney General's office saying that they (transmission shop) are refusing to talk to them (AG's office) and will keep trying to contact the shop. Around a week or 2 later I call the Dealership and request the different transmission casings that work with my car. They tell me that the transmission is dependent on car year but the transmission CASING (the part the shop couldn't find) could be gotten out of a 95 - 98 avenger as long as it had a v6. I had them fax it to me and proceeded to call the transmission shop. I verified again that they are waiting for the transmission casing and verified that the CASING is year dependent like they told me before. After the verified what they told me before I told them all the years that the casing can come off of and they hung up on me.

I told the AG about this and they said they can't do anything. I let it go until I got a call on May 1, 2011... 4 months and a week after I dropped it off.... that my car was ready. Upon receiving the car I noticed the bumper, headlights, hood, steering wheel were all messed up and estimates for the repairs total the car. Also when looking through the car I found a thong in my car. My girlfriend doesn't wear thongs.....

Also the transmission stalls the car when driving (almost caused 2 accidents because of this) and when parked, there is mud in the radiator so I have to change the radiator now and possibly the water pump (over $1000 with labor), the rear struts because of no weight being on them so they are shot now, the speedometer reads 15mph slower than you are actually going, heads may need replaced due to overheating from the mud in the radiator, and I am also paying insurance on it when I can't even drive it.

Total cost for all damages, lost wages, and parts are $12,000+ for what I have been able to get pricing and labor estimates on and the car is only worth $2,000 - $2,500. Small claims in Maryland allows up to $30,000 I believe. Should I even keep gathering estimates or just give up. Also should I even take them to small claims????

Any help is appreciated....

Thanks in advance....
 
Take lost wages off your damages. The court won't even consider it.

If you noticed all these damages when you went to pick up the car you should not have accepted it.

At this point, if the shop is refusing to make the repairs your only option is to sue. Hopefully you are able to document that these damages occurred while the car was in their shop.

There is no small claims court on the planet that allows up to $30k. A quick Google tells me that Maryland allows up to 5k in small claims.

You should try talking with your insurance company. They might be able to help a bit. If insurance doesn't provide you any legal assistance then go find yourself a local attorney to talk with. The better you are able to document the damages to your car while it was in the shop the better off you will be. Hopefully you have some kind of acknowledgement of the damages from the shop... but I doubt you do.
 
OP, you'll never receive $12,000 of damages on a car valued under $3,000.

The most you will receive, assuming you prevail, is the value of the car. Probably something on the order of less than $2,000!!!!
 
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