Should I sue for repair bill or for the amount of damage?

Last summer, I brought a 1983 honda motorcycle into a local shop to get the carbs cleaned.The shop cleaned and adjusted the carbs, also they adjusted the cam chain without my knowledge because they said it was noisy. I paid the bill and picked up the bike I drove it four miles to my home, shut it off and could not get started anymore after that. I took the motorcycle to another Honda dealer and they told me the cam timing has sliped and pistons are hiting valves. I am planning for suing the shop that cleaned that carbs. Should I sue for the amount of the repair bill {$373.00} or for the amount that its going to take to fix my motorcycle now? {$1100-1800 is the estimate for repair.}

Generally you have the right to claim the cost of repairing the damage. However, under warranty law you may have to give the original shop an opportunity to repair the damages themselves under their warranty.


** Note: The above is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **

Sue for both. You can sue under alternate theories of recovery in the US,

** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. Answering this question does not indicate an attorney-client relationship. **

You have no way of proving that the first shop did anything wrong. I hear what you're saying and I know how these things happen, but you really don't have any way of proving such. You should have taken it back to the original shop right after the problem happened. If they couldn't have fixed the problem, they would have owed you a refund. Your best bet would have been to have worked this out with the initial shop. I doubt you'll even be able to recoup the $373.00 you initially paid them, let along the bill for the final fix. Good Luck!

My advice is based on experience, and shouldn't be translated as legal advice.

I would sue for the cost to repair the damage that was caused by their actions. So, if the $1100 - $1800 is only to repair that damage, I would sue for that. I would also sue for the part of their bill that covered the unauthorized repair work.

You will need to have the repairs done and have an itemized bill to start your suit.

The answer is both. Sue on what you contracted to have done in other words get back what you paid in addition to(consequential damages) sueing on what you had to do as the result of their breach (repair bill 1&2 for failing to deliver services as agreed) (Incidental damages). You have a valid claim to maximize these damages as they are damages you actually suffered because of their failure. Remember, what you paid them + repair bill. You have a duty to mitigate you damage so don't wait to repair the bike do it now and itemize the cost. If it is too expensive consider sueing for the value of a new bike.