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AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Consumer Protection Law
Satisfied Customers: 11742
Experience:  19+ Years of Legal Practice in Consumer Protection.
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If I have my truck repaired (brake job) and the tire falls

Resolved Question:

If I have my truck repaired (brake job) and the tire falls off while I am driving
within the 90 day period of the truck being serviced and the last person to touch
the tire was the dealers mechanic, are the liable for all damages incurred?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  AlexiaEsq. replied 1 year ago.
Hi, my name is XXXXX XXXXX I thank you for your inquiry. I have been practicing law for 19+ years and look forward to assisting you.

If I have my truck repaired (brake job) and the tire falls off while I am driving Ouch! Glad to hear you lived to tell about it - that could have been very bad.

 

within the 90 day period of the truck being serviced and the last person to touch
the tire was the dealers mechanic, are the liable for all damages incurred?They could be, if you can prove that the mechanic negligently dealt with the vehicle/tire when he was doing that brake job, AND that the negligence resulted in the tire falling off. Obviously you are suspicious because you have reason to believe that he was the last one to touch the tire, and the tire strangely fell of in a relatively short amount of time (although not same day). Note that you urging you can prove it is not binding on them - so if they don't choose to settle, they are not doing anything illegal. You have the option of taking them to court to get a Court to rule them liable, in what damages figure it determines resulted.

Optional Information:
Country relating to Question: United States
State (if USA): Florida
What have you tried so far?: I have tried asking the dealership to own the failure but they have refused. Of course. Can you imagine what the PR could be if other would be customers were told that the mechanic fixed a brake job and forgot to properly secure the tires to the vehicle? They may as well file bankruptcy now. That is not going to happen. Moreover, they have not received any proof of their negligence - just your statement that you believe it to be so. While perhaps it seems very remote, they can say, "How do you know that your lug nuts (or whatever nuts would hold a tire to a vehicle) were not defective. Did you get an expert report of inspection that indicates that? If not, we can equally assume it was a faulty lug nut.... and not our mechanic forgetting something. You see? And in court, it is the plaintiff's burden to prove liability/negligence by a preponderance of the evidence (usually).

 

I do not want to remove it from their facility where it was towed until I get ALL incurred damages repaired. That is a very risky endeavor of you. As of now, you are having THEM store the vehicle - they will likely present you with a storage fee (again, on the argument that it is your car, they have nothing to do with your issue, and you chose to have them store it. Storage wracks up a big bill, quite quickly! Often it will be more than the cost of the damages one asserts. I'd consider removing the vehicle, getting it inspected by a professional to see if he can give an expert opinion on how the tire fell off and why he believes it to be due to negligent mechanic vs. defective lug nut (or other person man-handling your vehicle, like a disgruntled ex)... and if the admissible evidence supports your position - you can sue the mechanic and his employer. But in case you can't secure the proper evidence needed (and that is OFTEN the case even when you are 100% right, which I do believe you probably are) to obtain a court judgment, you do NOT want to be sent a bill by them for $2000 for storage for X months.


I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions.

Sincerely,

Alexia Esq.



AlexiaEsq., Managing Attorney
Satisfied Customers: 11742
Experience: 19+ Years of Legal Practice in Consumer Protection.
AlexiaEsq. and 5 other Consumer Protection Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank You! You have answered some of the "outside issues" regarding storage. I was considering picking it up
and having it inspected. I did not want to do so until I was sure it would be safe. It appears I will have to continue to push for repairs or as it appears now retribution for damages. I had body damage to the right front quarter panel when the truck hit the pavement.

Sincerely,
Scott

Expert:  AlexiaEsq. replied 1 year ago.
Hi Scott, you are very welcome. Sounds like you willl have to tow it. You can have it repaired elsewhere, but makes sure you have your evidence of how it came to be that the tire fell off - such as the inspecting professional taking pictures of what he sees, as to the tire issue, so it can back up his later opinion. Of course, you also want great evidence of that body damage and any other damage before you lose it via repair. Good evidence that a defendant knows will come to trial should his not settle or make right a wrong, can often convince him he best do right, to avoid a judgment. Good luck!

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