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Legal Verdicts
Legal Verdicts, Attorney
Category: Legal
Satisfied Customers: 44
Experience:  Trial lawyer. Experienced in product liability, personal injury, family law, criminal law
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Wants a Legal Answer My truck fell off the lift while being ser

Customer Question

My truck fell off the lift while being serviced at a Firestone store.after having to get my own insurance involved, it was taken to a local collision shop. After the estimate was made and repairs were started the rear differential cover was taken off to replace the gasket. Upon removal, chunks of metal fell out, and now the truck is undrivable. My standing is that I have driven that truck for 6 years. Never been offroad with it. I has $1000's in modifications. It is my baby. I drove it to firestone with no problems . only tookit there to have tires flipped and brakes checked. Now that it has fallen off their lift, it is undrivable and they say I have to pay to fix it because they cannot say for sure that the fall caused the damage.
Submitted: 5 years ago.
Category: Legal
Expert:  molurch replied 5 years ago.

Year, Make & Model??
How far did it fall?
Did you see it fall?
Which side did it fall on?
Front, Rear, both?
Was there damage to the rims, brakes, etc.?
Why was the rear differential cover removed?
Why did the rear differential cover need a Gasket?
How much was the estimate for repair damage?

 

 

Customer: replied 5 years ago.

2001 Dodge Ram 1500 4x4 Quad Cab Sport 5.9 l V8

Don't know how far it fell

I was at work when I received the call from firestone

I did not see any damage to the rims or brakes. I could see damage to both lower control arms, front drive shaft,muffler, right rear lower shock mount, and bottom of rear diff w/leakage from diff

Expert:  molurch replied 5 years ago.
Thank you for the added info.........
No body damage?
Did they say they would take care of it, prior to removing Cover?

 

Customer: replied 5 years ago.
No body damage just totaled the running boards.As far as taking care of it prior to removal, I was told that they could not positively attribute this internal damage to what had happened at fireston
Expert:  Legal Verdicts replied 5 years ago.
Certainly they are responsible for any damage that they caused. That much everyone would agree with. The difficulty that you run into with claims like this is that the company and/or the insurance company almost always claim that the damage could not have been caused by their actions and then they accuse you of attempting to milk them for money.

If they refuse to pay, the best way to make them pay is to file a lawsuit against them prepared and filed by an attorney. Once the company realizes what it will cost to defend the suit, particularly if there is insurance coverage, they will often pay. If you file suit yourself though they are less likely to pay. The trouble comes if you file suit and they don't flinch because if you go to trial you will have to prove they caused the damage. Most likely that would require expert testimony so you would have to pay for a knowledgeable mechanic to testify at trial.

One other thing you can try before filing suit is to take it to another mechanic and get them to sign an affidavit that the fall did most likely cause the damage. It is hard to find someone to do that, but if you can it may very well get the job done.

If this advice was helpful please click the green accept button. It is the only way I get paid for helping people.
Expert:  Legal Verdicts replied 5 years ago.
If this anwer was helpful please click on the GREEN ACCEPT. It is the only way I get paid for helping people.

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