Who is liable, me or the mechanic? (Engine Timing Belt Mitsubishi Galant)

Question

Question Details Asked:Dec 06, 2012 - 12:41 PMStatus:Closed

silviaf	Who is liable, me or the mechanic? My water pump was replaced on my 01 Mitsubishi Galant and I was informed that the timing belt was to be removed in order to do so. I was not told that the timing belt needed to be replaced and the old one was put back on. Not even a week later the timing belt snaps and I took it back to the mechanic. I was skeptical about the situation since he recently worked around that area. Now that I have done my research and went around asking for input on the situation i might be looking not only to replace the belt but potential engine damage from the belt breaking that is going to cost up $1500. I was wondering if he is liable for the costs and how can I go about further action. Not only has he gave me the run around about the situation, he has not answered my calls, he texts me that he's at work all the time, and most important of all my car is not fixed. It has been a month and I'm wondering if I should seek legal action, but the question is was it my fault or his. Who's is liable?
	In Maintenance & Repair > Engine > Timing Belt In Makes & Models > Mitsubishi > Galant 3 answers - 166 days ago
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Answers

lostwrench1 12/06/12 5:06 pm PST

What does your owner's manual state as to when to replace the timing belt?

Legal action? Why? You did not tell him to replace the timing belt.

Source:

morin2 12/06/12 5:15 pm PST

The mechanic may have had no way to warn you that the belt was about to fail. Often, the belt looks fine, but is overdue for replacement. A mechanic has no knowledge of your maintenance history. If this was the original belt, 11 years old, then it was overdue by age alone for replacement, and could have failed at any moment.

You can go to small claims court for anything. But, unless there is more to the story, I can't imagine that you would prevail. The water pump replacement could be a coincidence. If the belt was truly 11 years old, it could have broken any day, water pump replacement or not.

steve_ 12/06/12 9:31 pm PST

Usually a water pump is replaced as a preventative measure when it's time to replace the timing belt, since it's cheaper to do so since the mechanic is "in there" already. The extra labor charge is negligible.

So it's curious to me why the mechanic didn't recommend that you do the belt "as a preventative measure", especially if you took it to the shop for a diagnosis. If you took it to the shop and told them to replace the water pump, then they did what you asked.

I don't understand why your car isn't fixed either? Are you waiting to see if the shop will do something for you or is it sitting at the shop.

You can fleshen out the story by clicking the Answer This Question button and filling in some details.

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