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.