AmI entitled to compensation for negligence for faulty repairs to my car?
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AmI entitled to compensation for negligence for faulty repairs to my car?
I took my car in for a oil change and tire rotation,paid for service and left. After driving off the lot about quarter mile the front left tire rolled off the car. The car dropped to the ground. Fortunately, no injuries to me or others, however my car was damaged. The car place paid body shop to fix and provided a rental car only.
Asked on September 1, 2011 under Business Law, Missouri
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
When a repair shop (of any kind, including tire and oil places or dealerships) performs repairs on a car, it is obligated to use care in handling the car and making those repairs (including in reattaching anything which was detached or taken off; and also installing new parts properly and securely). If the shop was negligent, or unreasonably careless, in working on the car, they may be liable for the resulting damage or loss. Not securing a tire properly, so that it comes off withing a quarter mile, would seem to be a case of negligence; from what you write, it appears that you may have a cause of action and could sue the repair shop (including in small claims court, if the amount is under the small claims limit) for the damage to your car (cost to repair), any towing costs, any lost wages, and any car rental while your car is being repaired. You would not be entitled to compensation beyond your out of pocket costs or losses.
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