My question involves a consumer law issue in the State of: California
I have a car which began to develop a leak in late 2015. I brought the car into the dealership in the beginning of 2016 and it was identified as a transmission fluid leak. The leak was repaired. The car was bought in 2011 and I have been the only owner. I have put about 150,000 miles on the car. During the course of 2016, I began to notice some "shifting" problems with the car. Finally, in June 2016 the check engine light came on and the car began to "shudder" while driving. I immediately took the car to the dealership, incidentally, the car needed an oil change at about the same time. I took the car in on June 1. The dealership returned the car to me on June 3. They were unable to find the transmission problem. They did document that they had driven the car to attempt to reproduce the problem but were unable to. There was no documentation that the transmission fluid was evaluated nor any recommendation made to change or add transmission fluid. The dealership never told me that the car was unsafe to take on a trip or otherwise operate. I spent about $250 to have this car looked at. On June 4, I drove the car a total of about 350 miles. During the last leg of that trip, the car was travelling uphill when I pressed the accelerator and the car didn't accelerate but the engine did increase the revolutions (as if the car had shifted into neutral). I was fortunate to be able to get the car to the right shoulder. The car was towed to another dealership and evaluated. The other dealership documented that the car was underivable and also that the transmission fluid was about 2 quarts low, blackened and burnt.
I checked the manufacturer's website for regular maintenance and at 150000 miles a chnage in transmission fluid was recommended.
I believe that this constitutes negligence on the part of the dealership, through one of its agents (the mechanic) and this directly resulted in the damage to the vehicle. The neglgent act was not checking the transmission fluid (the mechanic at the other dealership informed me that it is fairly simple to do).
The car is now at the initial dealership for evaluation.
What recourse is available to me? Would this satisfy the requirement for negligence and if so, then what?
I have a car which began to develop a leak in late 2015. I brought the car into the dealership in the beginning of 2016 and it was identified as a transmission fluid leak. The leak was repaired. The car was bought in 2011 and I have been the only owner. I have put about 150,000 miles on the car. During the course of 2016, I began to notice some "shifting" problems with the car. Finally, in June 2016 the check engine light came on and the car began to "shudder" while driving. I immediately took the car to the dealership, incidentally, the car needed an oil change at about the same time. I took the car in on June 1. The dealership returned the car to me on June 3. They were unable to find the transmission problem. They did document that they had driven the car to attempt to reproduce the problem but were unable to. There was no documentation that the transmission fluid was evaluated nor any recommendation made to change or add transmission fluid. The dealership never told me that the car was unsafe to take on a trip or otherwise operate. I spent about $250 to have this car looked at. On June 4, I drove the car a total of about 350 miles. During the last leg of that trip, the car was travelling uphill when I pressed the accelerator and the car didn't accelerate but the engine did increase the revolutions (as if the car had shifted into neutral). I was fortunate to be able to get the car to the right shoulder. The car was towed to another dealership and evaluated. The other dealership documented that the car was underivable and also that the transmission fluid was about 2 quarts low, blackened and burnt.
I checked the manufacturer's website for regular maintenance and at 150000 miles a chnage in transmission fluid was recommended.
I believe that this constitutes negligence on the part of the dealership, through one of its agents (the mechanic) and this directly resulted in the damage to the vehicle. The neglgent act was not checking the transmission fluid (the mechanic at the other dealership informed me that it is fairly simple to do).
The car is now at the initial dealership for evaluation.
What recourse is available to me? Would this satisfy the requirement for negligence and if so, then what?
Service and Repair: Transmission Failure
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