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Roger
Roger, Attorney
Category: Business Law
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Here is my delema. A week ago, I went to an auto parts store

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Here is my delema.
A week ago, I went to an auto parts store and an associate was testing out my alternator and he accidently touched my positive terminals with both handles and sparked my vehicle. I left the place and smelled burning and my car was overheating. I noticed a fuse was burnt so i walked to an oreillys and bought a replacement fuse and as soon as i put the fuse in the car, and the fan turned on, the fuse burns out again. i went to the autozone and let them know and they told me the district manager would call me back. Today he called me and said they can't help me out. Can i sue in small-claims court to recoup my repairs?
Submitted: 2 years ago.
Category: Business Law
Expert:  Roger replied 2 years ago.
Hi - my name is XXXXX XXXXX I'm a Business litigation attorney.

Yes, if you can prove that the employee caused damage to your vehicle, you can sue that business for the damages and the cost to repair your vehicle.

The only thing you'll have to prove is that this employee caused the damage.
Customer: replied 2 years ago.
Yeah. Can i make police report evem though its been a week
Expert:  Roger replied 2 years ago.
This probably isn't a criminal case, so you don't need a police report. Intead, you would just sue in small claims court for the money that you're out/the cost of repairs.
Customer: replied 2 years ago.
Well if a car accident happen i do call police tomake police trport
Expert:  Roger replied 2 years ago.
If there was a car accident, you should have done that when it happened. You can still file a report, but it will not likely carry as much weight because there is no physical evidence, the vehicles have been moved, etc.
Customer: replied 2 years ago.
Well it will just be i said he said. My wife saw. who do i sue. Manager or company
Expert:  Roger replied 2 years ago.
You would sue the company for the damage to your vehicle caused by the employee.

As far as proving that the employee caused your vehicle to have a wreck, that's a whole other story. You would have to have someone - an accident reconstructionist or some similar type of expert to provide testimony that the fuse or the damage caused the wreck. That's a much longer shot than just suing for the damage to your vehicle and the expense you incurred separate from the wreck.
Customer: replied 2 years ago.
We did not have wreck. They just messrd up my car
Expert:  Roger replied 2 years ago.
Ok. In that case, all you'll need to prove is that they damaged your vehicle and the cost of repair.
Customer: replied 2 years ago.
All o have is witness
Expert:  Roger replied 2 years ago.
Witnesses are a good thing, but you will need an estimate of the cost of repairs, etc. in order to prove your damages.
Customer: replied 2 years ago.

yes, i have an estimate of the fan motor from their store.


can i purchase the part, then sue for the what i paid for it, plus the cost to sue?


 


 

Expert:  Roger replied 2 years ago.
Yes, that should be acceptable. Just make sure that you have documentation of what you purchased and how much it cost you.
Customer: replied 2 years ago.

ok and if this is a national chain, autozone, do i just sue autozone or the local store,?

Expert:  Roger replied 2 years ago.
You would have to find out if the business you went to is locally owned or not. It's likely that it is independently owned. You can find out how the business is owned from your secretary of state.
Roger, Attorney
Category: Business Law
Satisfied Customers: 26589
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Customer: replied 2 years ago.

i know they have district manager and regional managers in san antonio.

Expert:  Roger replied 2 years ago.
You can call the secretary of state to find out how this business is owned. Also, you can call the county tax office to see who owns the property as that should give you the name of the business owner/name you need to sue.
Roger, Attorney
Category: Business Law
Satisfied Customers: 26589
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Roger and 7 other Business Law Specialists are ready to help you
Expert:  Roger replied 2 years ago.
Hi

Please let me know if you have any additional questions related to this issue. Also, please positively rate our conversation so that I may receive credit for my research and response.

Thanks,

Kirk

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