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Thomas McJD
Thomas McJD, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 6504
Experience:  Experienced in general consumer protection law
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We had a recent situation and I wondered if you could lend

Resolved Question:

We had a recent situation and I wondered if you could lend me your opinion and/ or service.

On Friday afternoon I went to a local Mazda Dealer in Poughkeepsie to service my Mazda CX-9. I went in for a faulty head light and oil change. While I was there they noted that the tires had not been rotated in a while and suggested doing this service which I agreed to. That evening we traveled 2 ½ hours to PA for our son’s soccer tournament. We heard a slight noise as we approached our destination. Throughout the weekend we traveled short distances to the fields and didn’t really hear anything until traveling home on Sunday evening when the noise became so loud we stopped twice to visually take a look. The next day (Monday the holiday) I dropped a local tire place to get it checked out. They reported to me that the lug nuts on the rear driver side tire were so loose they could remove them by hand! We are lucky to be alive since we were traveling on highways with speed. The rim was so damaged due the tire not installed properly I will need a new rim (valued at $600). I am having the shop document their findings and make the necessary repairs so I can get my vehicle back in service.

What legal ramifications does this imply and would do you suggest? Would you be willing to write a letter for us and requesting reimbursement for the repairs, and troubles?

I would of course pay for the needed services.

Please let me know your thoughts.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Thomas McJD replied 1 year ago.

TMcJD :

Hi, I will be happy to assist you, and it is my goal to make you a very satisfied customer! This may take a few minutes, so thanks for your patience.

TMcJD :

The shop that improperly installed the rim after rotation was negligent. This involves a duty of care, breach of the duty (not tightening the wheel properly), and damages resulting from the breach of duty. They are liable to you for the damage cost (i.e. replacement of the damaged rim and costs for doing so). Unfortunately the experts here can only provide legal information and cannot provide legal services to you such as drafting a letter. That is something you could do yourself. Indicate they were negligent and demand settlement and threaten suit if they fail to comply. It might be good to start with a stop by the shop with all the information to show they messed up and the cost to fix damage caused by their error. Then, if that is unsuccessful, you can send the demand letter. It helps, however, to have a local attorney do this for you (usually for less than $100) so that the demand and threat carries more weight. They'll know you're serious if you've already retained counsel.

TMcJD :

Please let me know if I can provide additional assistance. If not, I would be grateful if you could please leave me a positive rating. I cannot receive credit for my work without your positive rating and that is the sole means of compensation for JustAnswer experts. Thanks.

Customer:

Is there any legal ramification due in part that they put my family in harms way and unsafe conditions.

TMcJD :

Unfortunately for this type of matter, there has to be damages in order to recover. I know it was emotional and traumatic, but unfortunately the law only allows recovery of emotional damages in actual bodily injury cases where the trauma and emotional distress is associated with the physical injury. The only other exception is where the emotional distress is intentionally (rather than negligently) caused. Thus, your damages would be limited to the cost of placing your vehicle back in the same condition it was in prior to the negligent act and damage incurred as a result.

TMcJD :

Again, please let me know if I can provide additional assistance and if not, I would be grateful if you could please leave me a positive rating. I cannot receive credit for my work without your positive rating and that is the sole means of compensation for JustAnswer experts. Thanks.

Thomas McJD, Lawyer
Satisfied Customers: 6504
Experience: Experienced in general consumer protection law
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