This weekly Q&A session answers your questions about cars and trucks. This week explores a 2000 Toyota that got a transmission flush.
Question: 2000 Toyota Sienna
Dear Vincent,
I read your article about transmission fluid flush, and unfortunately read it too late. We took our 2000 Toyota Sienna (100,000 miles) for routine repairs a week before a road trip; it was operating fine previously. Our mechanic, who at the time we trusted, recommended a Transmission Fluid Flush for roughly $80.00.
My wife declined initially, because she was not sure what it was for. He insisted this was part of normal maintenance of a transmission. I then proceeded to ask a friend about this (he was experienced with cars, but not a mechanic), and he stated it was "a scam". My wife again declined our mechanic, and he became very adamant at that time, saying it was important, and stated that he would like to "talk to our friend" about why this was important.
Because he was our mechanic, my wife erred on the side of caution and decided to proceed with the flush. Worse case scenario, in our minds, was that we were throwing money away for piece of mind on our road trip. Big mistake. A week later, while driving to LA with our 2 young kids, the transmission started making a rackety sound. We took it into my parents' friend's auto shop, and they discovered it was the transmission. $2000.00 to replace.
When we told this to our own mechanic, he stated that he would take apart our transmission, and if he saw any damage that he may have done, he would compensate us. Well, needless to say, he has returned the transmission to us, and stated that it wasn't the fault of the flush, that the damage was due to a "worn loose carrier bearing".
We are considering taking him to small claims court, but we do not know where to start. We think it is too much of a coincidence that our perfectly fine running transmission developed problems a week after the flush. We are upset that according to your article, this flush was not even necessary. Are there any reputable car mechanic journals/articles, or dealer sources we can quote, and present in the courtroom? Meanwhile, our old transmission sits in pieces in a box.
Thank you for writing this article - I hope you can point us in the right direction.
Calvin Deng
Answer:
At this point you have 2 options. If your mechanic is a member of the Better Business Bureau then you can file a complaint with the BBB and go into arbitration. If he is not a member of the BBB then your only recourse is suing him in small claims court or in a civil court.
What you will need is documentation. You will need the original invoice(s) where your mechanic recommended the transmission flush and the invoice(s) from when the flush was done. Also you will need documentation from the mechanic who inspected the transmission, his diagnosis and what he found to support the flush as the cause of the transmission failure.
You can also hire a professional witness to testify on your behalf. The author is a profession witness and has been hired to testify in several cases such as yours. He also has done court depositions in both the United States and Canada. Your attorney can fill you in on the details.
A lot of times when a shop is summoned to appear in court they become more willing to settle. Especially if you mention that you will notify the local TV and newspapers about the lawsuit.
Best of luck in recovering your loss. If you need further help, don't hesitate to write again or call.
That’s all for this week. Feel free to browse the archives for past topics and other resources. And, as always, if you are stuck and need an immediate answer you can always call Vince on the phone.
