Auto Insurance Claims: Repair Shop Liability, radiator cap, tow truck

Question
My son's truck would not start one day and since he had twice before jumped it off and added gas, he decided to call a tow truck to let an auto repair place fix whatever was wrong.  They decided it was just out of gas, but since the check engine light showed a circuit problem, they cleaned up a few connections as well and mentioned the radiator was clogged.  However, the vehicle needed to be driven at least 100 miles in order to inspect it properly, so they said it was ok for my son to pick it up and bring it back the following morning for inspection.  He picked it up and after driving awhile the check engine light came back on but since it had been on for months that did not stop him.  A few miles down he noticed steam coming from under the hood and exited off the interstate at the next exit.  He found the radiator cap had been let off the radiator and the truck had overheated and would not start.  The repair shop towed in the truck a second time.  They said the engine was shot and needed total replacement.  He had driven 41 miles between tow truck runs.  The repair shop does not want to pay to replace the engine.  

Answer
Hi Jane,

This is a difficult situation. At least some of the problems were pre-existing. Th shop would be liable is it could be proven that leaving off the cap directly caused the problem. Depending on the mileage on the vehicle,even if you can get them to replace the engine, they will likely only pay for part of the cost. You may need to speak to an attorney on this one.

I hope this helps
Richard Hixenbaugh