NSW Mechanic damaged my gearbox

[Matt McLeod]

Hello,

I recently took my gearbox into a mechanic to have a bearing replaced.
The gearbox was not in a vehicle and I had already pulled the rear housing off (where the bearing is located) to personally inspect everything inside.
The mechanic changed the bearing but only temporarily bolted the rear housing back on (which was fine) as I forgot to provide the gear-selector rod.
The gear-selector rod is something that simply slides in. No force necessary. No tools are required.

When I brought the gearbox home, I unbolted the rear housing and discovered three teeth from a gear were badly damaged.
I've shown the damage to others and we've come to the same conclusion - he tried to remove it and damaged it in the process. It's in the location of the bearing (just behind the bearing), so it would make sense.
The part that was damaged are renowned for breaking when trying to remove.

I took the gearbox back (140kms from home) and told him the news. He denied that he even touched that area. He said his tool wasn't even long enough to reach it. He also stated that he didn't see the damage when he had it.
He didn't exactly clarify whether or not he'll be covering the cost to fix the issue.

My question is, if he refuses to not pay for the damages, would I have a leg to stand on in try to get him to repair and pay for it?
My worry is that I don't technically have proof.
Again, I had absolutely no reason to try to remove the gear, nor did I have a reason to do anything inside the gearbox but to slide the gear-selector rod in. Even if I were to have dropped something on the gear with the damaged teeth (I certainly did not), it would be impossible to have caused the damaged.
The damage just happens to be in the location he was working.

Thank you so much for your time.
-Matt

 

[Tim W]

He didn't exactly clarify whether or not he'll be covering the cost to fix the issue.

Start with the assumption that he has no plans to pay for it.

........would I have a leg to stand on in try to get him to repair and pay for it?

Given that you had removed the gearbox yourself,
it will be no trouble at all for the mechanic to claim
that you attempted DIY repairs, stuffed it up,
and then went to him for help.
On which basis, will be his argument, it's impossible to say,
even on the balance of probabilities, that any act or omission of his
was the cause of the damage.

 

[Matt McLeod]

Thank you for your reply.
You say he could claim that I attempted DIY repairs and stuffed up, even if, logically, it was impossible for me to have caused the damage (damage that could only occur from trying to remove the gear)?
Even if here were no further repairs needed but simply to put it together again?
Even though there was no reason to touch the area at all?
I mean, I had just paid him to put that bearing on, which he did. It doesn't really make sense for me to try to remove it (and the gear behind it). Nor do I even have the tools required. It would require an industrial puller.

Would a court not see that it makes absolutely no sense that I could have caused the damage and every bit of sense that he damaged it when he was working on that area?