Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
My daughter brought her car into a new and used car dealership where she bought the car from for service. She had her car’s oil changed, tires rotated & balanced and certified, and the car detailed – we have a receipt stating this work was done and that the tires were certified. She picked it up at end of day and started out of dealership to drive home. She felt thumping in a tire but thought it was perhaps just the road. She proceeded to drive onto the interstate highway and when she got 2 miles down the road, she skidded off the road and spun around stopping in a ditch. Fortunately she is fine and except for her car rim (wheel) and an expensive tire. The dealer had the car towed there last night and I have spoken with 3 people at the dealer to see if they would pay for a new tire and wheel since I feel they have some liability. They say they are not in any way liable and will not pay for damages resulting from the accident. I just want them to pay for the new tire and rim. So far they have only offered a discount mentioning something like 10%. They are trying to say that there was a hole in the tire and it was from a nail and is not their fault. I say we don’t know what caused the blowout. I think it may be some problem with the tire and that they should have caught it on inspection or maybe if it was caused by nail it came from their dealership since she noticed some problem after leaving.
You may be able to sue the dealership in small claims court for negligence if you can prove that they did not provide a reasonable standard of care in ensuring that your daughter’s automobile was safe to drive after the adjustments were made to her car.
Additionally, you will have to prove that their actions caused your daughter’s accident and resulted in her car being damaged. You will likely need to consult with another mechanic to review the circumstances and inspect the vehicle to determine if the dealership is at fault.
