Mechanic caused damage during test drive

[WisconsinMonSTAR]

I need some help on what to do right now. I took my 98 GSX awd to get an alignment at a Merlin service center. I am always uneasy about mechanics test driving my car, since they always tend to have fun while doing so. Anyways, I come back after 2 hours to pick my car up, and they tell me that my rear diff is leaking. I work in a shop myself, (we don't do alignments) and I know for a 100% fact that my rear diff wasnt leaking before. I had actually just been under my car the day before. Anyways, I take my car on the road and my alignment is worse than it was before I brought my car in. I bring it back, and ask if I can join the guy for the test drive. I have no idea what was wrong with this guy, if he was just bad at driving manual, or was just an all out idiot, but every time he shifted, he dropped the clutch so hard that the car would buck and clunk with the nose dipping down and then lurching forward. It was like he was engaging the clutch too fast and not giving any gas until a second after. Anyways, he agrees that the steering wheel is off center, and takes it back in. I ask him if I can be the one who test drives it afterwards, and he says yes. Well, he finishes up, and when I go to get in and drive, he stays sitting in the driver's seat and tells me "lets try this." I tell him I thought that I was going to drive and he says he wants to see if his adjustments are correct. I then proceed to say "Ok, well not to be rude, but your driving is a bit quirky, so if you insist that you drive, I insist that you should ride the clutch rather than dump it." He says nothing and literally 2 seconds later, drops the clutch in 2nd gear and causes a huge buck and my car makes a loud clunk. I was starting to feel my head get hot at this point and just wanted this test drive to be over. (Let's not remind me that this guy sat for over a minute straight with the car in gear and the clutch pressed down while waiting for traffic to let him on the road.) Anyways, he keeps shifting like a total amateur and I made a point by saying "that's what I was talking about. Be easier on the clutch please." He then continues even further than the previous test drive, shifting like a first timer. I ask him why he didn't let me drive. He says that a customer almost killed him once. Fair enough, but he didnt have to drive my car at all. I had already paid for the work to be done, he could have let me drive off. If I came back, it was off, if not, I was happy. I then ask him if it is a company policy not to let customers drive or if it was his personal preference. He says that it is personal preference. Anyways, the test drive finally ends, and I begin my drive home. I immediately notice that my drivetrain feels 'slacky'. I am extremely smooth with my car, and feel like I have basically mastered the touch. Most people say they feel like they are in an automatic when they ride with me, so I knew something has come loose. My car now clunks when I engage the clutch, and like I said, it feels like there is a little slack within the drivetrain.

My question is: What do I do in this situation?

I have already sent in my story to the merlin website, but I am extremely unnerved by this. Do I have any hopes at being compensated for this idiot giving my car back making these clunks and bangs after dropping it off for an alignment? I'm sure that the rear diff leaking has something to do with how he was driving. Can anybody offer any suggestions on this? I know that Merlin is a fairly large franchise, and not some ma and pop shop that can just tell me "if you have no video, then sc**w you."

What do you guys think?

 

[bo0st]

When Mark Mitsubishi f***ed up my running DSM I sued them in small claims court and got my money back.

 

[jbeaton9292]

Well its a hard spot i would say by because its his word against yours. Also im sure you signed for the work that was done, im willing to bet in the small print that is you agreeing the car is in good working order upon pickup. I have never read all that but when they ask me to sign i always tell them can i take it for a test drive with an employee to be sure the problem is fixed. I have never came across someone that told me no. As far as the guy not letting you drive after you asked you should have simply told him look its my car and im driving because last time it wasnt right after you tested it. I dont really think there is anything you can do unfortunately.

 

[WisconsinMonSTAR]

Yeah what you're saying does sound right... though I do not recall signing anything other than the little cashier receipt for my credit card. I have the tech slip with the checklist and there was no fine print. I did not sign anything the second time, after he drove it like an idiot. He told me a different guy drove it the first time. I guess I just need to be more stern with these people instead of being afraid to seem like an abrasive customer. This was only for an alignment though, as the shop I work for doesn't perform them. Any other work on my car, I do myself. This bothers me a lot though. It's like I paid this mofo to take a free spin in my ride, drive it like it was his first time with a stick, and f**k my rear diff up.

 

[2gmitsueclipse]

Why was a test drive needed by the mechanic after an alignment? The measurements speak for themselves.

 

[tmoney20g]

Depending what credit card you used, you might be able to file a customer satisfaction complaint with them as well.

 

[2gGst98]

Most lawyers will talk to you for free to see if you have a case or not. It doesn't hurt to see what a legal stand point you could have. Worse case is they say it wouldn't be a good idea, and you don't have a case ,
But good luck man wish you the best in the end

 

[WisconsinMonSTAR]

Yeah, I don't believe him driving the car was necessary. I think he just wanted to go for a little cruise and have some fun boosting around in my car. Also wasnt necessary for him to be spooling my turbo up to 10 lbs while test driving either. I wouldn't have minded that as much if he could manage to shift somewhat smooth. Instead, he was shocking my entire driveline by dropping the clutch while giving it no gas.

 

[WisconsinMonSTAR]

I found out also that the guy who did this was the business owner. I'm not sure if this is a good thing or a bad thing In my case. They are part of the Better Business Bureau, so I may have a bit of leverage with that.

 

[2gGst98]

Shake that tree buddy, get all the nuts that fall of also. It sounds like you might have something.

That kind of driving on a customer car is not good business. Curry's auto service in VA is strictly against it, they will fire on the spot if caught. My buddy is service manager their, he also said you might have a case,

 

[miliman13]

A test drive for a alignment is a desperate excuse to joy ride a customers car PERIOD!
Just never allow anyone for any reason ever to get behind your wheel. I went for an alignment once to a private random place and the tech drove around the block before going into the bay why? Didn't care told to get my car of the rack and walked away, went to pep boys were adults work and they did their job no test drive needed. Your best bet is just learn from this. Good luck.

 

[fredom dsm]

I worked at an alignment shop for a few months (I never aligned a car, I did mechanic work) and the guy that did the alignments would always test drive the cars, because even though the readings were on point, sometimes a tire would pull to one side or the other or the steering wheel was a bit crooked. So when ever the customer arrived to pick up the car it almost never came back.

I would get on their a$$es man, until they fix whatever problem is with your car. I would be on their back like a monkey until they fix it or pay for the repairs. Its not right that you take your car somewhere to get it fix and when you get it back is worse. Specially if the guy is a moron. I have seen vehicles fail on their own, I call that bad luck but when the guy is an idiot, there just isn't any excuse. Do not take NO for an answer! Good luck to you man.

 

[rough]

I've never seen a test drive for an alignment...
Like states above, the numbers speak for themselves!
It sounds like he abused your car, i'd take it to court.

Finding a lawyer that takes payment only if you win is a good route to go, they fight much harder then some smuck you pay up front! Younger lawyers tend to fight harder as well.

 

[WisconsinMonSTAR]

Thanks a lot for all of these responses! I called them this morning, was told that the manager wasn't in yet, and that a message would be relayed. Didn't hear from him all day, so I called again right before closing time. They said he wasnt there, but had recieved word from corporate about my complaint and that I should be hearing from them. I am going to call them again tomorrow. I will not stop until I get answers. This has been consuming my mind since it happened. Such a bummer, I hate letting anybody drive my car. Super frustrating. Once again, thank you! I will keep everyone updated as to what happens, so that you guys can possibly give more input, and also to help anybody else who may have a similar issue in the future!

 

[BoredDSM]

Test driving a vehicle after any REPAIR is pretty much standard in any professional automotive service facility. Alignments especially, doing alignments I always test drove a vehicle before and after an alignment to ensure the problem we are addressing is an alignment issue and not the other plethora of possible simple causes.

As far as your vehicle goes it is a shot in the dark considering you took the vehicle without noting the possible damage. Also if he was driving like a moron you should have stopped him right at that moment and notified management or someone else in the facility.

 

[oneslowwdsm]

Don't feel too bad. Chances are whichever mount or bushing broke (most likely trans mounts) was bound to break at some point. Not to stick up for the Ahole that drove your car, he should have been more careful with a 15+ year old car. And yes some cars you have to drive after alignment to make sure everything is good. Tires can play a huge role in how a car pulls, I worked in an alignment shop for over a year.

 

[ThunderChild]

ive worked in various shops for the past 5-6 years. test drives after an alignment are pretty standard for anyone that takes pride in their work and the service they provide for their customers.

aside from the fact that alot of shops may hire younger techs, joy rides can happen, but should be brought up with store management. when i worked for a shop doing alignments, i test drove almost every vehicle, based on time and how pressing the customer was to get their car back. i can honestly say i never "joy rode" or "rodded" a customers car, always thinking how i would want one of mine cared for.

anyway, what you should do is find out exactly what damage was done, and take all your info to small claims court. after taking it up with the stores manager first.

 

[jimsgsx]

Listen to me man. Get their paperwork on what getting an alignment entails. Having someone else do it will make it easier. They have to have a overview and details written down. If it does not mention test driving the vehicle, this is surely a damning piece of evidence or nail in the coffin for them. Nowadays its about the paperwork in court. You paid for an alignment not a test drive as well. My wifes a lawyer and ive learned these little tiny details are what make or break a case.

 

[Dsmkauai]

Test drives and alignments go hand and hand, I was a alignment tech for years. 1. To make sure steering wheel is straight and 2. To make sure car doesn't pull weird. This however just seems to be a total scam/rip off. and you shouldn't have any issues in court bro. They couldn't even get your alignment right, that right there tells a lot . Sorry to here this happen to YA bro real shame. I hate rip off shops. Years ago I worked next door to a merlins and always had customers come from them complaining and pissed

 

[Colt4G63 also]

Test drives are standard for almost any repair. I've been in the business for almost 30 years, and I know it's better to test drive every car, than to have one call you from the interstate to let you know you forgot to tighten something and their wheel is off. However, if they broke your car, they should at least do anything within reason to make it right for you.

 

[shakeandbake]

I would have a conversation with the owner, manager, whoever runs the place. 9 times out of 10 they would rather pay to fix the problem than pay for lawyers and potentially loose more.

 

[pimpy rider]

i personally would not take legal action, huge wAste of time. your rear diff is leaking? put a new seal in it! what are they, 10 bucks?
you got a little raped in the bum there, it sucks. your hounding them might wind up with them fixing it, maybe the same guy will test drive it again!
i dont think theres any possibly way his driving could cause the rear diff to leak

 

[curt-s]

For future reference: at first sign of driver being a complete imbecile, remove them from the vehicle and leave on side of road.

Go discuss with manager.
Then, if nothing happens, talk with their manager.
If nothing happens, go to press

 

[bling5tatus]

i personally would not take legal action, huge wAste of time. your rear diff is leaking? put a new seal in it! what are they, 10 bucks?
you got a little raped in the bum there, it sucks. your hounding them might wind up with them fixing it, maybe the same guy will test drive it again!
i dont think theres any possibly way his driving could cause the rear diff to leak

A little raped in the bum is still raped in the bum. No gray area there.