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Story short, two months ago, in March, I took my car (2011…

Long story short, two...

Long story short, two months ago, in March, I took my car (2011 Buick Lacrosse) in for an oil change at Firestone. He called me and told me that there were issues on the underside of my car that could cause the wheel to fall off. He wouldn't let me drive it off the lot because he said that "in good conscious" it could cause a serious accident and hurt myself and/or someone else. Firestone had my car for 7 days and, to my knowledge, repair everything that needed fixed. In April, I took my car back to the same location to have the front brakes replaced (which was a suggested service at the time of my initial repairs, but was unrelated to the potential tire issue). Last night, on my drive home, my tire flew off when I was merging onto 670 East in Columbus, Ohio

Lawyer's Assistant: What steps have you taken so far?

I had my car towed to Firestone (they were closed). The tow truck caused more damage because he had to drag the car onto the tow truck bed since the wheel is no longer attached. I had the police file a repot and the tow truck driver write a statement explaining any potential damage that may have happened from him loading and unloading the vehicle. I have NOT spoken to Firestone even though my car is there because I don't know what my legal rights are

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have documentation in the form of pictures and videos from last night as well. That's all.

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Answered in 2 minutes by:
5/17/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,317
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 3 months ago
thank you

Great, thank you! The system may automatically ask you for a phone call; however, it’s not required that you take it. Bear with me a moment while I review…

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Thanks so much for your patience. If I understand correctly, they had done the work the first time to prevent this from happening, but it happened anyway, correct?

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Customer reply replied 3 months ago
that's correct. they performed this work between march 10-16 when they had my car
Customer reply replied 3 months ago
i attached a picture of the damage in that last reply

I'm really sorry to hear that.

Ok, so if they were supposed to fix it, and didn't, then this appears to be a classic breach of contract and they would be liable for all of the damages that occurred as a result. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. This applies even when there was no written agreement, but just an oral agreement between the parties. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because you can download the forms right after purchasing. Click here to get started. What other questions did you have for me today that I can help you out with:-)?

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,317
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Customer reply replied 3 months ago
i feel that with the dollar amount of the repairs and the damage that could have been inflicted on myself OR others had i been driving on the interstate, i can't handle this myself

I certainly understand your concern. You may need to get a civil litigation attorney in your area to maybe draft some letters or otherwise negotiate on your behalf.

One of the hardest things to do sometimes is find a lawyer that you can trust. Google searches are a good place to start, but usually the lawyers who pay the most in advertising can get bumped up to be on the first page regardless of their quality. One thing I recommend is going through your state’s lawyer referral service (LRS). The LRS in each state typically requires the attorney to have several years of practice, be free of discipline, and have adequate staffing to assist people. If you click here, you can see a full list of all of the lawyer referral services throughout the country. You can also search for attorneys on a website called Lawyer Legion (click here) that scours all 50 states based on the kind of attorney you need.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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