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Discussion Starter #1 (Edited)
I may have to sue a body shop who did not repair my Smart Car up to standards causing the engine to seize. Body shop claims their repair did not cause engine to seize.

Smart Car won't cover the $13,000 engine because the repaired hose caused the coolant to leak. I would like to know if anyone out there in Arizona area can provide someone with a lot of technical knowledge independent from Smart Car dealership to examine the car and provide a report on how the engine damage actually occurred. See images below:

1st Image: Original Factory Hose
Images 2-4: Repaired hose by body shop







 

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I may have to sue a body shop who did not repair my Smart Car up to standards causing the engine to seize. Body shop claims their repair did not cause engine to seize.

Smart Car won't cover the $13,000 engine because the repaired hose caused the coolant to leak. I would like to know if anyone out there in Arizona area can provide someone with a lot of technical knowledge independent from Smart Car dealership to examine the car and provide a report on how the engine damage actually occurred.

I would never have guessed the engine is worth $13k
 

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Discussion Starter #3
Yeah, this has been going on for 4 months...I'm fed up with the body shop and their excuses!!!
 

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Whether you get an engine out of a used pure or not, you still need the cash from the shop [ or their insurance]. I hope you find someone in the greater Phoenix area to help you out.

Your own automobile insurance folks may be able to help you find the right direction to go.

Once again, the smart engine is lost to coolant loss without an overheat indication. Bad smart! Bad!
 

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Discussion Starter #7
Whether you get an engine out of a used pure or not, you still need the cash from the shop [ or their insurance]. I hope you find someone in the greater Phoenix area to help you out.

Your own automobile insurance folks may be able to help you find the right direction to go.

Once again, the smart engine is lost to coolant loss without an overheat indication. Bad smart! Bad!
Unfortunately it's a heated battle getting messier every day. I was rear ended while at a stop light. The car survived the crash pretty well. Repair cost close to $7K. I have still have a loan on it. Body shop insurance company said "bring on the law suit" because they subcontracted to their landlord (without my knowledge or consent) who is certified Mercedes repair facility, which jury rigged the water hose instead of ordering it from Smart. There's a lot of finger pointing going on, yet I'm left holding the bag, without transportation and legal expenses to initiate a law suit. It's ugly. It's too bad because I LOVED my Smart.
 

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MD85255, you might try posting on other forums, connect to any fraternity buddies or use other social systems (facebook, et al) to find your help. It would be great if someone in the smart community could help but from the posts so far, I think you should reach out further if you haven't. Also sometimes the local news stations ("consumer watch") have been successful in getting things like this resolved.

good luck. It could take a lot of work on your part but the outcome may be very acceptable.
 

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Before you get involved with high-priced lawyers, see how far you can go with the Better Business Bureau. They have different levels of remedy, ending with arbitration. It won't cost you anything except your efforts to document your case. Central, Northern & Western Arizona Consumer and Business Reviews, Reports, Ratings, Complaints and - Central Northern Western Arizona BBB

I recently had an issue with a marine contractor and my marine diesel. As soon as I convinced the owner I was going to work a BBB case, he came around on his own.
 

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MD..many questions are to be asked about your issue before anybody steps up to the plate and takes responsibility for the engine failure..
..why was the car in the body shop to start with..
..did the body shop accessed the affected area or hose in question..
..what kind of "repair" was done to the affected hose..
..how long after the release of the car from the shop did the failure occurred..
..did the seize of the engine come from an over heating condition..
..if an over heating condition was present..did it triggered a CEL...
..proving neglect from a poor or below standards repairs is not hard if you know the right questions to ask...

jetfuel...just asking...
 

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Discussion Starter #12
MD..many questions are to be asked about your issue before anybody steps up to the plate and takes responsibility for the engine failure..
..why was the car in the body shop to start with..
..did the body shop accessed the affected area or hose in question..
..what kind of "repair" was done to the affected hose..
..how long after the release of the car from the shop did the failure occurred..
..did the seize of the engine come from an over heating condition..
..if an over heating condition was present..did it triggered a CEL...
..proving neglect from a poor or below standards repairs is not hard if you know the right questions to ask...

jetfuel...just asking...
I was rear ended while sitting at a stop light
Yes, the repair estimates showed the hose in question being repaired - which the body shop is now denying.
It was jury rigged...they claimed the insurance co didn't want to authorize another 30 days of car rental, so they couldn't wait for the part to come in and had to repair instead of replace the hose... which by the way the insurance company denies. They said they would have notified me if that was the case.
Engine seized 2 mos after the repair, I work from home so don't drive it all that much unless I have to visit locations.
Check engine light came on but no other warning lights. Called dealership, they asked me to drive the car in. While on the freeway, I started losing power and started to proceed off the freeway to pull over safely. Car dies right after I safely pulled off the freeway. Had to be towed into Smart.
 

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Discussion Starter #14
Before you get involved with high-priced lawyers, see how far you can go with the Better Business Bureau. They have different levels of remedy, ending with arbitration. It won't cost you anything except your efforts to document your case. Central, Northern & Western Arizona Consumer and Business Reviews, Reports, Ratings, Complaints and - Central Northern Western Arizona BBB

I recently had an issue with a marine contractor and my marine diesel. As soon as I convinced the owner I was going to work a BBB case, he came around on his own.
Thank you, I just went to the link and filed a complaint. :)
 

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One more suggestion

If you haven't done so yet, contact your state's Attorney General. They may have a complaint process you can follow if there's been fraud on the part of the repair shop or the insurance company that handled your claim.

Regards,

Dan
 

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Discussion Starter #16
If you haven't done so yet, contact your state's Attorney General. They may have a complaint process you can follow if there's been fraud on the part of the repair shop or the insurance company that handled your claim.

Regards,

Dan
Thank you Dan, I actually thought of that earlier and made a complaint with AG online this afternoon. Hopefully it'll put the pressure on them.

I even offered to pay for a portion if they come to the table and try to settle before I have to involve an attorney. Otherwise I'll be camping out in front of their business every day with a big sign warning customers that they do not stand behind their work! This will be the calm before the storm. I also let him know that I will be posting all over the internet about my bad experience with them. When anyone types the body shop name, my information will come up on the first page!
 

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Based on what I've read here, there is a little blame to spread all around. Even some to yourself. Driving with the CEL light on, without knowing what the problem is was a mistake. Sure, someone told you to do it, but....

Anyhow, it also sounds like the majority of the culpability should be spread between the dealer and the shop that fabricated the hose.

And there in lies your problem. Each is going to point to the other. You need a unbiased third party to get involved. Hopefully, that will be the BBB or the AG.

Good luck.

geosynch
 

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Discussion Starter #18
Based on what I've read here, there is a little blame to spread all around. Even some to yourself. Driving with the CEL light on, without knowing what the problem is was a mistake. Sure, someone told you to do it, but....

Anyhow, it also sounds like the majority of the culpability should be spread between the dealer and the shop that fabricated the hose.

And there in lies your problem. Each is going to point to the other. You need a unbiased third party to get involved. Hopefully, that will be the BBB or the AG.

Good luck.

geosynch
I asked the dealer if they thought I should drive it in with CEL on. They said 95% of the time there is no issue - it happens all the time. I even told the dealership that I lived over 25 miles away. CEL light in my car had been on on another occasion, I took it to the dealer, it was nothing. Smart even asked me if I my temp light came on. I said absolutely not, I'm not stupid to continue driving while temp light is on.

Which is why I am looking for an unbiased 3rd party to get involved. I'm not sure how much pressure BBB or AG can place on any of them though.
 

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hmmm... the owners manual says if you get a CEL don't drive it; have it serviced. I feel bad for you - this is complicated. Your new insurance co won't have anything to do with it and that's as it should be since you weren't covered by them at the time of the incident.

Personally, I think AZ insurance laws suck. But still, you are owed a serviceable vehicle after an accident claim.

Good luck and keep us posted.
 

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Smart even asked me if I my temp light came on. I said absolutely not, I'm not stupid to continue driving while temp light is on.
The problem is that the temp sensor has to be immersed in liquid in order for it to operate. When you are out of water the engine gets extremely hot, but since the temp sensor is not immersed in liquid, it won't register as being hot.

I feel bad for you. The repair shop botched the job, the dealer gave you bad advice and you are caught between them. A good lawyer could get you what you need, but you'll end up paying the lawyer more than you would for a new engine.

You know, it couldn't hurt to ping Penske, either. Someone on this board might have contact info.

geosynch.
 
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