Expert: Richard Hixenbaugh - 12/2/2010

Question
I had the water pump in my car replaced and the first day I got it back and drove it my engine froze up and was completely damaged and now has to be replaced.  When they replaced the pump, water mixed with the oil and they neglected to change the oil.  Thus, it blew up my engine after I started driving it again.  They are offering to refund what I paid for the water pump replacement, but I want to sue them in small claims court for the damage to my car which now needs a new engine.  For filing in small claims court, what do I file for, ie: negligence, professional misconduct?  Secondly, if I accept the money back for the work they did, do I void my option to sue them?  Thanks for your advice.
Beth
ps.  I had my car towed to a reputable dealer and they told me it is standard protocol to change the oil when replacing a blown water pump.

Answer
Hi Beth,

Do not accept any money unless it is the total amount you are willing to settle for. You should really speak to an attorney about this. In order to go to court and have a chance to win, you will likely need to find an expert mechanic to bring to court to testify as an expert witness. This person will need to inspect your car and be able to explain to the judge exactly what went wrong, why it went wrong and who is responsible.

You really need to talk to an attorney.

I hope this helps
Richard Hixenbaugh