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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88726
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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2 ?s. Too much income for pro bono I think. On disability.

Resolved Question:

2 ?s. Too much income for pro bono I think. On disability. 2700 a month. 1 yr old Chrysler 200 (2012) which they sold me for employee discount, 6,000 miles. Been to 3 dealers 6 times for about 10 problems, only 1 fixed. Problems w/ heating/ac, others mostly electrical or computer (undiagnosed). Been told, "If the computer tells you you're getting 444 mpg, you're getting 444 mpg. It's coasting." ... Had to BEG for a chair to sit multiple times. I AM DISABLED, I CANNOT stand at your service desk! (As they seem to not understand my pleadings to be able to sit down as all the dealerships here you go in for service and STAND at the desks.) ... Last visit I had been authorized loaner car, told to leave for 3 days of diagnosis. Chrysler in Detroit texted dealer and when I arrived was told initial $89 fee and hourly diagnosis fee for up to 3 days diagnosis. The car is STILL under warranty and it is the same problems that I am trying to have fixed over months. (Dealers have told me, "We checked it thoroughly, drove it around the parking lot - once.") Burst into tears, threatened w/ Atty Gen'l. Dealer said we won't charge. They gave loaner, kept for 4 days, replaced 3 things. Had 15 hrs. Went to take dog for euthanasia, friend tried to open door remotely, panic alarm (which goes off on its own) went off, AGAIN wouldn't turn off. Dog is freaking out. Had to take her car, have car towed. Dealer says I won't have to pay "much for new car to replace it, add'l taxes" OR "lengthy lemon process." I have their loaner. They want to meet Monday afternoon. I can't afford to pay any more in taxes, any longer in payments. I did send a quick email to the Missouri Attorney General last night and filled out a form for the Michigan Attorney General as well, but I am being pressured to make a decision TOMORROW. I cannot afford to rent a car. Question 2: House is 3 houses away fm highway blasting to expand lanes. Const. co inspected houses prior to blasting, stopped 1 house away. I have cracks plaster, foundation, driveway, etc. Mo Dept. Trans took pics, neutral. Subcontractor - not our fault. Hired structural engr - it's because you had faults prior which were repaired, blasting opened it up. He called 1 wk later, "Owner won't let me write such a strong letter. He's afraid of the subcontractor, they're huge & will sue us." Letter says, "Of course, we didn't see the house before blasting." Subcontractor, "We know ALL about blasting." Two weeks ago at their quarry when they blasted, the falling rocks killed a long-time employee. My estimated damages - $8-10,000. Not enough for a lawyer to take on. Neighbors don't have same amt of damage, their construction drywall, not brick, not concrete block. I have actually started to have migraines over these issues, had to go to ER, get CAT scans, have carotid arteries checked, try PT (didn't work), trying various medications for the migraines.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

If this car is under warranty, then you really need to pursue this because it is up to the dealer to make these repairs, not sell you a new and more expensive car. if the dealer is willing to credit you for all of the money you have paid to date on another car, then they are fulfilling their obligation to you. They should not have charged you a dime for any warranty work or diagnosis under warranty and you would demand they refund that as well in part of any offer they make to you. If they cannot fix any of this and are offering you full credit for what you have paid into this car towards another vehicle, or very close anyhow, then you should consider taking the deal, as a Attorney General claim can take several months and a lemon law claim can take up to 12 months or so, depending on the situation. However, I certainly would not suggest taking any offer that is going to actually cost you more money (a more expensive car, a larger car note or not sufficient credit for what you have paid into this car).

2) Blasting damages are a "strict liability" tort. This means that the company engaging in blasting that causes harm to property of another is strictly liable for those damages. Thus, you need an estimate and they are liable to pay the exact cost of the repairs. I am sorry to say though that if they refuse to pay, you have no legal alternative in this case but to sue in court and while I understand it is tough because your claim is not as attractive to many attorneys, it is attractive to others as they can potentially get attorney's fees from the blasting company, because of a bad faith denial of your proper claims by the insurance company. Unfortunately, this means you have to shop around for local construction law attorneys who are actually familiar with these types of strict liability torts.




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Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88726
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 18 other Legal Specialists are ready to help you
Customer: replied 1 year ago.


For PaulMJD...Thank you. Regarding the blasting. Do you really think I can get an attorney to take the case when my damages are relatively small?

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