My friend bought a used truck on Saturday from a dealer. It was in fair condition, but he noticed (in front of the salesman) a small shaking in the wheel when he got over 45 mph. The salesman said probably needed an alignment. While he was signing the papers for the loan, the salesman backed the truck up to the dealership, fell out of the truck and ran the truck over the curb and into a brick wall. No great dammage. Sunday (the very next day) he and his 15 yr. old son were on the road when the rear drivers side tire lost the tred. (it was a retredded tire and not legal for a pick up) The truck skidded in front of a semi and was crushed on passinger side and totaled. Everyone was okay but my friend now has no vehicle, his trade in gone, his down payment gone, and doesn't know what to do. I told him that either the tire company, the car company, the dealership, someone should be held accountable. WHO IS RESPONSIBLE FOR THIS ? and who can I contact ?
2006-09-20 02:19:38 · 5 answers · asked by DS143 3 in Politics & Government ➔ Law & Ethics
The first answer, about insurance, is mostly correct.
I do see an issue with the car dealer selling your friend a truck with illegal equipment [retread tires]. There appears to be a direct causal relationship between the dealer's negligence or misdeed and the accident.
Your friend needs to consult an attorney to establish what fault and liability, if any, is the dealer's.
Good luck to him - I'm sincerely glad nobody was physically hurt.
2006-09-20 02:33:02 · answer #1 · answered by Prof. Cochise 7 · 0⤊ 0⤋
First of all your friend owns the truck. He had many avenues to back out of the deal. Once the truck is driven off the lot its yours. Before its driven he has to show proof of insurance. So I assume he did and if so and depending on the policy, the insurance company will take care of the car. Call you insurance agent. Its about getting the money for another car, but go to a better dealer.
2006-09-20 09:25:12 · answer #2 · answered by ec4me2c 2 · 0⤊ 0⤋
Who told you that re-treads were not legal on pickups? If it was a reasonably new tire (ie within the re-treader's warranty) then the re-treader may be liable. However, the loss of a used pickup, without substantial personal injury, is not likely to result in enough damages to interest any attorney in taking it on a contingency. If your friend didn't have insurance, he's probably out of luck.
2006-09-20 09:37:25 · answer #3 · answered by Anonymous · 0⤊ 0⤋
i don't believe you when you say retreads are illegal...lets see what else don't i believe....if the truck was totaled the very next day the dealer probably still has it..buy back your old car, pocket the insurance check, pay the increased insurance rates and in the end you make a coupla hundred bucks
2006-09-20 13:37:07 · answer #4 · answered by Anonymous · 0⤊ 1⤋
You should consult an attorney in your state. The laws on this kind of thing vary tremendously from state to state...so having someone local is important.
2006-09-20 12:50:22 · answer #5 · answered by Anonymous · 0⤊ 0⤋