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TJ, Esq.
TJ, Esq., Attorney
Category: Consumer Protection Law
Satisfied Customers: 11783
Experience:  JD, MBA
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I took my car to a Mercedes Benz dealership less than a

Customer Question

I took my car to a Mercedes Benz dealership less than a month ago for regular servicing and also to address the shaking of the car when I accelerate and also the acceleration of the car had slowed down.
The dealership checked my vehicle and said everything was fine and no issues were diagnosed. I still faced the same issue after picking up my car from the dealership. Now less than a month after the service was performed, my car breaks down on the side of the road due to the drive shaft was broken. The broken drive shaft also damaged other components and I am looking at a $4500 expense including labor.
My question is - can I make the dealership liable for failing to diagnose and fix the issue which put me at risk along with other drivers on the road. Also I am looking at $4500 expense to fix the car now - is the dealership liable to fix the issue at no or reasonable cost as it could have been avoided in the first place if the car was properly diagnosed.
Submitted: 5 months ago.
Category: Consumer Protection Law
Expert:  TJ, Esq. replied 5 months ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

Q: can I make the dealership liable for failing to diagnose and fix the issue which put me at risk along with other drivers on the road.

A: No, unfortunately, you cannot win a lawsuit for what could have happened. You can only win a lawsuit for what did happen.

Q: Also I am looking at $4500 expense to fix the car now - is the dealership liable to fix the issue at no or reasonable cost as it could have been avoided in the first place if the car was properly diagnosed.

A: I can't say that it would be impossible to win a lawsuit under those circumstances, but I do think that it would be a difficult case to win. You'd have to be able to prove that the dealer should have discovered the fact that there was a problem with the drive shaft. That would require the services of an expert witness who can testify that (1) there was evidence that the drive shaft had a problem on the day that you took your car to the dealer, and (2) that any reasonable mechanic who does an acceptable job would have seen the evidence and discovered the problem. I suspect that hiring an expert witness like that would not be cost effective, particularly when considering the risk that you may still lose the case. But technically speaking, if you could prove (1) and (2), and in addition prove that the other damaged components are a direct result of the drive shaft and that you contracted with the dealer to discover the problem, then you probably would win.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.

Expert:  TJ, Esq. replied 4 months ago.

Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue. If not, then please remember to provide a positive rating via the stars (and note that your positive rating is the only way that I'll get credit for helping you, so I greatly appreciate it). Thank you!

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