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Mechanic liability?

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Old Feb 11, 2009 | 03:37 PM
  #1  
Chronisseur's Avatar
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Gaijin
 
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From: San Diego County
Mechanic liability?

A few days ago I was driving to school with bad traffic on the freeway. On one of my upshifts, I felt and heard something funny happen with the clutch pedal. Later on, it fell to the floor, and I barely got it to a repair shop nearby that someone had recommended. The owner was a friendly guy who talked to me about his Miata and local autocross events. Anyways, I had to leave my car there for a few days while the clutch pedal assembly was installed. The good news is that the part came and it's in.

The bad news is that the shop may have flooded the engine. They called and said that after they moved it out of their repair bay, they pulled it into their parking area, shut it off, and now it won't start. I called the nearest Mazda dealer, and found out that if it were indeed flooded, it would be a $98 procedure, which isn't as bad as I thought. I also found out that despite how much I appreciate some of the cars they produce, Mazda sure knows how to **** me off with regards to their customer service.

My question was: Is the dealer liable for the problem that happened here? I was told no by others, but something just doesn't feel right about getting my car fixed at a shop, and then having to pay a different place to fix something the original shop screwed up. Like I said, $98 isn't too bad, but after you consider I already paid a few hundred for the original problem, plus I'll have to call a tow truck, I'm not a happy camper. On top of that, I'll be without the 8 for a few more days. I can already feel the withdrawals.
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Old Feb 11, 2009 | 03:39 PM
  #2  
cjkim's Avatar
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From: socal
Originally Posted by Chronisseur
A few days ago I was driving to school with bad traffic on the freeway. On one of my upshifts, I felt and heard something funny happen with the clutch pedal. Later on, it fell to the floor, and I barely got it to a repair shop nearby that someone had recommended. The owner was a friendly guy who talked to me about his Miata and local autocross events. Anyways, I had to leave my car there for a few days while the clutch pedal assembly was installed. The good news is that the part came and it's in.

The bad news is that the shop may have flooded the engine. They called and said that after they moved it out of their repair bay, they pulled it into their parking area, shut it off, and now it won't start. I called the nearest Mazda dealer, and found out that if it were indeed flooded, it would be a $98 procedure, which isn't as bad as I thought. I also found out that despite how much I appreciate some of the cars they produce, Mazda sure knows how to **** me off with regards to their customer service.

My question was: Is the dealer liable for the problem that happened here? I was told no by others, but something just doesn't feel right about getting my car fixed at a shop, and then having to pay a different place to fix something the original shop screwed up. Like I said, $98 isn't too bad, but after you consider I already paid a few hundred for the original problem, plus I'll have to call a tow truck, I'm not a happy camper. On top of that, I'll be without the 8 for a few more days. I can already feel the withdrawals.
go deflood it yourself. problem solved
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Old Feb 11, 2009 | 03:40 PM
  #3  
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search for deflood
call service shop, give them instructions
have them perform it.

problem solved.
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Old Feb 11, 2009 | 03:43 PM
  #4  
Silver06's Avatar
Zoom Zoom....
 
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From: Western Canada, eh?
^
Is the DEALER liable?

No, they are just quoting $98 for fixing a flooded car.

Is the Independent shop liable for flooding your car?

Yes. But they only have to get it running again.


Tell the independent shop how to fix it for nothing:
  • Get three or four guys to push.
  • Put the car in second and release the clutch.
  • Push until it starts.
  • Run away from the big cloud of smoke.
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Old Feb 11, 2009 | 03:45 PM
  #5  
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From: Manchester, NJ
To answer your other question if you didn't inform the shop about the risk of flooding the 8 its not fair to expect them to know & pay the $98. That's why I leave a note like the one attached if I need to leave the car with someone not aware of this. But you should at least expect the shop to help you deflood the car.
Attached Thumbnails Mechanic liability?-floodwarning.jpg  
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Old Feb 11, 2009 | 03:46 PM
  #6  
GTConversion's Avatar
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Yes they are liable, because it is damaged caused under their care.

But as the above poster noted, de-flooding it yourself is not that hard. I had to do it myself for the first time yesterday. Make sure you have an external battery supply (like the car that you drive to pick it up with), crank with the pedal to the floor for 10s, turn it off for 5s (cool the starter), repeat a few times until it tries to cough, then try to crank with gas pedal at idle position. If it coughs but does not start, repeat the above.

It took me about 30 mins, tops. And those instructions are straight from the Mazda instructions for the techs. They might remove air hose and fuel fuse, but that's it.
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Old Feb 11, 2009 | 04:25 PM
  #7  
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From: Joplin, MO
Pull starting works wonders. Never fails.
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Old Feb 11, 2009 | 04:29 PM
  #8  
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From: Indialantic, Florida
Originally Posted by expo1
To answer your other question if you didn't inform the shop about the risk of flooding the 8 its not fair to expect them to know & pay the $98. That's why I leave a note like the one attached if I need to leave the car with someone not aware of this. But you should at least expect the shop to help you deflood the car.
Hardly anyone has ever touched my car, and I've never flooded it............but I like this Expo1. I will print it out and leave it in the glove just in case I ever need it. On the two occurances where I left the car with someone, I made sure that everyone heard me about not shutting it off cold!!!!! Just in case!
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Old Feb 11, 2009 | 04:37 PM
  #9  
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From: Western Canada, eh?
+1 for Mazsurfer & Expo. When I had my car at a bodyshop for some minor things last year, I taped a similar sign over the radio and also verbally told the shop foreman that I would rather pay for the fuel to have the car idling, than see them pay for a deflood. Worked like a charm.
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Old Feb 11, 2009 | 05:01 PM
  #10  
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From: Sacramento, CA
That sign thing is a FANTASTIC idea, even though I warned them when I had them flop over my rims and tires and tpms, they still just started it and drove it.
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Old Feb 11, 2009 | 06:13 PM
  #11  
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Can flooding cause future problems to or lead to premature engine failure? I think this should be taken into account anytime a place that has your car floods it. I always leave a note on my dash but by the time I get the car back its long gone. I hate leaving my 8 anywhere I can't keep an eye on it.

Went for an oil change at firestone because it was too cold to do a change and I don't have a garage and the ******* took my car for a test drive after filling one of the tires that was low. This was after I had asked them not to drive my car other than into the bay... what the hell is with mechanic places. Only thing the guy said when he brough it back was: "Uh your TPMS light is still on." Well no **** my winter rims don't have TPMS. God some places do not listen to you at all. I literally started fuming after I saw a tech who couldn't have been more than 19 take off in my 8.

Go after them OP... do it.
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Old Feb 11, 2009 | 06:15 PM
  #12  
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From: Indialantic, Florida
Flooding can lead to CAT failures........not really sure about total engine failure.
As far as them taking it out.......well........it was discussed at length in another thread, but sometimes a test drive is called for. I'm not saying it was in this case...especially if you told them not to do so.
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