What should I do if my breaks fail and it’s the truck dealer’s fault?
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What should I do if my breaks fail and it’s the truck dealer’s fault?
I purchased a truck and the breaks were bad. He told me to come back on Saturday to get them fixed and everything would be fine. That Saturday I was on my way to the dealer to get the breaks fixed when the breaks failed and on top of that it was on a wet road and my truck flipped. What should I do?
Asked on April 2, 2009 under Accident Law, Georgia
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
In most states, you ultimately have the responsibility to ensure your brakes are properly working before you take the car out to drive. However, the dealership may also have a responsibility to ensure the product they sell is in good working condition. Also, many states automatically require the dealership to have its own warranty for a certain amount of time on the vehicle. Did you purchase a used car, and as is? If so, you may be out of luck. Check with your state banking department (dept of financial institutions) if they regulate retail sellers of motor vehicles. Is it under a retail installment contract?
In terms of what you should do, try consulting an attorney about your next steps. Try attorneypages.com (after you contact your state's banking department) and look for a lawyer dealing in personal injury and contract law/motor vehicle law.
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