Expert: Rob Painter, Ase, CFEI, CAFATE - 6/9/2009

Question
1996 Ford Explorer XLT, taken to mechanic to find the reason for the Check Engine light being on.  No other problems with the vehicle.  
The mechanic notified me of his intent to check several parts related to the error code pulled from the vehicle's computer.  After checking those parts, he reset the Check Engine light had an employee take my vehicle for an 80 mile test drive.  The employee informed the mechanic that the transmission was slipping, and didn't want to engage gears.
The mechanic notified me of this problem, and thinking that it must be too small for a non-mechanic to notice, I thanked him and picked up my vehicle.  On driving away from the mechanic's shop, the vehicle did not want to shift into 2nd or 3rd gear, would slip into neutral (automatic transmission) and the engine would race.  I called the mechanic to state that my vehicle was not in this condition when delivered to his shop, and when asked to bring it back I stated I could not, that I was late for work.
I returned the car to the mechanic's shop, hoping in the process of attempting to fix the problem related to the Check Engine light that he'd disconnected a transmission-related wire / vacuum line.  He informed me that the vehicle's transmission is shot.
It is my opinion that due to the fact that the vehicle showed no prior signs of transmission problems before being delivered to his shop, and only began having problems after his employee worked on and test drove it for 80 miles, he should be responsible for replacing / repairing the busted transmission, or purchasing the vehicle from me for a reasonable price.
Who do I contact regarding this issue, should I wish to pursue reimbursement for my now inoperable vehicle?  Am I able to pursue him legally, though I have no evidence besides my word and those who drove the car prior to it being worked on?
I've been told the Better Business Bureau and the Attorney General, but I've no idea where to begin.  My household is down to 1 vehicle, with 3 adults needing transportation.  I am in the process of purchasing a house, and cannot afford to hire an attorney to pursue this matter in court.
Would it be enough to threaten the mechanic with legal proceedings in order to get him to rectify the situation?

Forgive the long story, but I wanted to provide as much background and information as possible.
Thank you for any information you can provide!

Answer
Hello Steve,

I don't know if you are going to like what I say, but here goes:

I have been in the business servicing vehicles and customers for the repair of their vehicles for three decades. We had a common saying in the industry NLTB (Never like that before).

You may have not noticed a problem as you stated you are a non-mechanic. I don't think an 80 mile test drive is going to ruin the transmission. The mechanic is out to fix the car, not beat it. I doubt they are desperate enough to cause transmission failure to profit from you. Replacing and rebuilding transmissions is a lot of work. Unless you see obvious damage to the transmission pan caused from bottoming the vehicle showing abusive driving, it's not fair to accuse the mechanic.

In the event that you could prove it was the mechanics fault and you could get a court to side with you, you are not entitled to a new transmission. In fact a used transmission may be an upgrade and you would be responsible for betterment. You are not allowed to make out on the deal.

Out of all my years, one event sticks out in my head similar. I rebuilt the steering column in the car. Never took it out. Never opened the hood. Owner's daughter picks up car. Wipers moving slow and radio not working right driving home. Car quits and won't start again. They had the car towed home. Then he called and ripped me apart and said he was having the car towed the next morning to my shop and I was paying for all repairs. I informed him I was coming to his house now!
Got there and he was at the car. I told him to open the hood. The alternator belt blew off--nothing to do with our repairs!

I then asked if his refridgerator was working. He said yes, and why? I suggested if it wasn't he should blame me!

Things happen. It's just bad luck that this happened to the mechanic.
It's real common for parts to just fail especially when they get miles on them.

I am sure in your mind the car was perfect before you took it to them. Here is something else you need to consider. The check engine lite was on showing there was a problem with the vehicle's computer system for emissions. Depending on the problem, this computer fault could have damaged the transmission. The transmission and the engine are linked into what is known as a loop, which makes the vehicle perform well.

I hope everything works out well for you, but please realize that just because you may have thought there was not a problem there obviously was.

I had vehicles I flat out refused to work on because I knew they would haunt me.

Personally, I think you mechanic went over and above by test driving for 80 miles. Could be like when I took my truck to the dealer and they replaced the U joints. They never test drove it. The drive shaft fell out 2 miles down the road!

If you still need this truck fixed, try being nice to the mechanic and ask him if he can help you out. Explain you financial situation and possibly he can help you at this very expensive repair.

Obviously, I have no clue as to who you are talking about, but I have walked in his shoes and it does get old being blamed for everything.


Rob