General Chat
Q:
Hello:
I recently bought a 2001 volvo s60 T5 back in August. We took our car in on Nov 2nd to get a transmission flush done. When we picked the vehicle up that evening we noticed it had trouble swithching out of 3rd gear. I called the manager back and he told me to bring the car back so they can check first thing in the morning.
I called back the shop the next day. Upon further investigation the shop manager realized that they had put the wrong transmission fluid in the vehicle. He told me they would reflush the car and put in the proper synthtic fluid. When we picked up the car that day, he informed us that it ws still doing the same thing and that we should take it to a vovlo dealership to get a diagnostic on it. We received a invoice from him stating that he placed the wrong fluid in it and he said he would take care of whatever problem volvo found out with the transmission.
When we took it to volvo the diagnostic came back stating that a new transmission would be needed. We informed the owner of the shop and that is when he said he is not responsible for it. We took the issue to our lawyer and they informed us that we should get an expertise that could state the transmission could be ruined by the mistake that the shop made.
Volvo said they could not do it because of their lawyers, but every service advisors has stated to us that the problem was caused due to the shops negligence. I was wondering if you could help with a letter stating this or recommend me to an expertise that could. Like I said we have the invoice from the shop stating the mistake they made but the additional letter from an expertise would greatly help our cause. Thank you for any consideration or help with this matter.
A:
searching the internet for "expert advice" might not hold up too well in court.
"We received a invoice from him stating that he placed the wrong fluid in it and he said he would take care of whatever problem volvo found out with the transmission."
You have an invoice from the prior shop stating that they put the wrong fluid into it, what you should have had added was the service manager's statement that they would cover the cost of anything Volvo Diagnostics turned up? Sounds to me like the portions of it that were verbal make this a much more difficult case of proof than what would have been otherwise... Short of TEARING IT APART an external examination will not tell you why it fried, and then only the extent of damage caused by driving it overnight with the wrong fluid in it is what they would be liable for...
Get particular about what happened, because in a court, that is what will happen. If you had that invoice saying they will cover whatever costs, that should've been all you needed.
This cost should be less than $5000, and in California that is SMALL CLAIMS so YOU can do the suit, and not involve a lawyer. That is the course I would take, having the invoice you say you have. I would look into the factory service manual for damage warnings regarding fluid, and technical service bullitens from Volvo regarding transmission failures from the wrong fluid. Anything that mentions a failure interval would be good showing dramatic wear.
Good Luck. But their argument would be the tranny was on the way out before, and the flush and wrong fluid only brought the final end to the tranny that was already damaged from prior abuse. They say they will refund your money, and they clim nothing more they could have done with such a bad tranny in the first place...
People Are Idiots, Just look around here and you will see!
Tony D: "Knowledgeable but Caustic"... rationull
My brother from another mother calls himself "Willie D"
A:
Tony D has it right. And the best part is that you have written admission by the shop that they placed the wrong fluid into your transmission. That coupled with the Volvo dealerships diagnostic -- it is a printed out diagnostic right...? -- is just short of a favorable ruling. The only thing you would need now is something stating that there would be a catastrophic failure of the transmission if the wrong type of fluid is ever used.
A local small claims court is the way to go, and depending on where you are located, the maximum amount you can seek is variable. When you do sue, make sure you bring along at least two estimates, preferrably from a volvo dealership, as to how much it is going to cost to replace the tranny. You are guaranteed at least that amount in damages. Good luck!
Dragonball Z
A:
Yep, you are going to have to prove beyond a resonable doubt that the car drove fine before getting it flushed and that the flush caused the problems. Frankly, I have no idea except a technician at volve that is willing to testify for you or the like.
19[TT]91
My TT beauty is gone.
2[00]2 Honda 954RR
Suzuki 1200 S; sportscar eater
19[I4]94 Integra GSR Sedan
Long live the Z...
aka SAHTT
A:
"Beyond reasonable doubt" is not the criteria in civil cases. That is the test in criminal court.
Civil = preponderance of the evidence.
The more credible paperwork you have means you should win. Small claims is easy - in Texas it is $35 to file a suit.
Get three statments from three Volvo dealers or recognized transmission shops.
You have the statement from the original shop - is it written or only verbal that he said he would reimburse damages. It doesn't matter though - even verbal he gave an implied warranty.
The extra evidence backs up his written statement that his shop was at fault.
No sweat no lawyers you should have an easy winable case.
Be polite, don't argue, be the reasonable person with expert testimony in written form and you'll win.
Good luck.
Ed and Jeanne's
ZXelda 1981 280 ZXT: ZXena 1990 300 ZX
1941 Buick Special Sedanette (Betty)
1956 Dodge Royal (Dorothy)
1971 Buick Riviera (Rita)
1975 Ford F-150 Stepside (Fiona)
1992 Firebird (Frieda)
A:
All you have to do is be 51% correct in a civil case... If your story holds more water with the magistrate, you will get your judgement.
Then collecting it is another matter altogether.
I suggest equipment confiscation with the help of the local sheriff when the bastard chooses not to pay ya...
People Are Idiots, Just look around here and you will see!
Tony D: "Knowledgeable but Caustic"... rationull
My brother from another mother calls himself "Willie D"