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Richard
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Experience:  Attorney with 29 years of experience.
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I went to get my brakes done and when I left the shop not even

Customer Question

I went to get my brakes done and when I left the shop not even a mile down the rode one of my tires came off as I was make a u-turn heading back to the shop leaving me blocking traffic in the middle of rush hour ! The owner of the shop doesn't feel like he should give my money back . Do I have a case
Submitted: 2 years ago.
Category: Legal
Expert:  Richard replied 2 years ago.

Good morning. You do have a case. This is gross negligence...entitling you to actual and punitive damages.....actual to compensate you for any actual loss you suffered and punitive to punish the owner for being grossly negligent.

 

 

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Please be aware that the information provided here is not legal advice. Rather it is simply general information. All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

Customer: replied 2 years ago.
So how can I go about getting the process going? I didn't get a police report or anything
Expert:  Richard replied 2 years ago.

I would start by sending him a letter (by certified mail) demanding what you want and letting him know if he doesn't give it to you, you will be forced to sue him for gross negligence. Then if he doesn't pay you within the time specified, file your suit. You will want to engage an attorney to help because the small claims court won't award punitive damages typically, but you can include the attorneys' fees in your damage claim.

 

 

Expert:  Richard replied 2 years ago.

I would start by sending him a letter (by certified mail) demanding what you want and letting him know if he doesn't give it to you, you will be forced to sue him for gross negligence. Then if he doesn't pay you within the time specified, file your suit. You will want to engage an attorney to help because the small claims court won't award punitive damages typically, but you can include the attorneys' fees in your damage claim.

 

 

Customer: replied 2 years ago.
So it won't be a waste of time and money to sue especially since I didn't get a police report !?.. What's keeping them from saying none of the events took place if I don't have any proof proof?.. What is punitive damages?
Expert:  Richard replied 2 years ago.
If you were sitting in rush hour traffic for an hour, you should be able to find someone willing to be a witness to what happened. Also, who put the tire back on? What did you do with the car? There should be a paper trail here. Punitive damages

are monetary compensation awarded to an injured party that goes beyond that which is necessary to compensate the individual for losses and that is intended to punish the wrongdoer. Punitive damages are basically "quasi-criminal" because they stand halfway between the criminal and civil. Though they are awarded to a plaintiff in a private civil lawsuit, they are noncompensatory and in the nature of a criminal fine.

Customer: replied 2 years ago.
I was on the phone with the automotive place letting them know that I was coming back up there because my car was making funny noises and as I was making a u-turn the tire popped off and rolled down the street the automotive place sent one of there mechanics he found the tire and put it back on they had called tow truck but since he got the tire back on we didn't need it I drove the car back up the street to the shop where the car stayed over nite and the manager said he was gonna replace all the studs
Expert:  Richard replied 2 years ago.
You'll do fine in a lawsuit.

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Richard
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