You don't need a lawyer for small claims court.

 

Everybody who has watched Judge Judy knows that.

 

I am thinking if I took them to small claims court I could at least get back the $400 for the 90k service as one receipt shows them putting in VV324 (on vacation so I can't see the paper work) or whatever it says and then another receipt showing I had to take it back there because they did not put in enough of the wrong fluid to fill the transmission. I will take a picture of their sign that says "If we don't repair your vehicle right the 1st time you get your money back" I quote it but I am paraphrasing really. I would like to get all the money back but I would be happy if they simply refunded the 90k service fee. I of course would put the cost of the transmission on the suit but I would be surprised to get it, as others in this thread have mentioned, it would be hard to prove.

 

I would write a letter to the owner of the dealer 1st detailing the incident and your expectations. I wouldn't be willing to back off from them repairing that tranny. You have a winner. You should include a rental car into your damages. I don't know what state your in but the lowest jurisdictional limit for small claims I've seen is $2500. They are very simple to file, just talk with your clerk of courts office for more info. If your lucky, the court has a "fast-track" mediation to reduce backlog that will solve this without an actual hearing. I own a small dealer claims processing company and you would be surprised what I've seen get paid when techs mess up.

 

That is a good idea, I'm in CA and I notice I could file online even. I am going to write a letter about the situation to the GM of that Carmax. Is the GM who I should write to?

Also, is there anyway to tell ATF +4 visually? The receipt says they charged $4.00qt and from the looks of it online it should be at least $6.00qt. I was hoping by looking on the dipstick I could decipher with some certainty if I got ATF +4. I know on a Honda I changed the ATF on, the fluid I got from the dealership is reddish in color.

 

I really think you have all evidence you need with the receipt and all. The letter will let them know you are serious and put the ball in their court. Ya, you are probably correct in writing the letter to the GM as I'm pretty sure Carmax is a corp..

 

I don't think there is really a way to tell if the fluid is ATF+4 visually. It is a bright red in color initially (as are most ATF's) and it stinks like $h!t. This is my only vehicle I have ever changed the trans fluid on, but i'm guessing that all ATF's stink.

 

Given the parts that had to be replaced and the circumstances do you all agree that the transmission fluid is to blame? I just want to make sure before I write the letter that these are symptoms’ consistent with using the wrong fluid or from them shorting me on the fluid.
Thanks again