when I picked up my car I asked if anything else needed repair . i was told no. I was driving my car home but no 5 miles from the shop the ball joint broke i lost control of my car through a graurd rail down a hill. I have no injuries but my car is totalled. they didnt replace thball joint they put a screw through it.
2007-09-19 02:08:39 · 14 answers · asked by jensmiles 1 in Politics & Government ➔ Law & Ethics
I think you have a case, but you need to act fast, and have an independent investigation to determine the condition of the ball joint just prior to the accident. Get an Attorney... Right away.
2007-09-19 02:14:29 · answer #1 · answered by Anonymous · 0⤊ 0⤋
I would say yes, but you would have to do more investigating. Did they really put a screw through it? or is that just what the assumption is? Physically I do not think that is possible. Were you having a problem with your upper or lower ball joint? Usually when a ball joint fails they both need to be replaced, and while your at it you might has well should fix the opposite side as well. I hope that you held on to your service records. Good Luck
2007-09-19 09:18:39 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Possibly. If you have a case, it would be a claim of "negligence." You need to write down everything that happened, and take that summary and all the paperwork from the repair (including names of people who were involved) to a lawyer to review it. If you don't know one, for this kind of case you can get a referral from your state bar association and usually they will consult with you for free. The more detail you have and the more organized you are the better a lawyer will be able to help you.
There may also be a claim under your state's consumer protection laws. These differ widely from state to state, but often they give a remedy to a consumer who was promised something or was told something was a certain way. Mention that possibility to the attorney you talk to and he or she may be able to look up the law for you on that.
2007-09-19 09:18:00 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I believe you have a case! If you paid for a repair, have the receipt and the same ball joint malfunctioned less than 5 miles from the garage, I'd say you can sue for damages to your car/car replacement. If they had replaced the joint, they might blame the manufacturer, if it was a shotty job, or a job incorrectly, it's entirely their responsibility. You could have been killed.
2007-09-19 09:15:09 · answer #4 · answered by Lori E 4 · 1⤊ 0⤋
Im no lawyer, but i know you have a case as long as you have proof that they did make a balls of the job.
You took the vehicle there for a reason, to have it repaired by professionals.
Im in the UK and i would imagine the corporate laws for that sort of thing are very similar..... plus the repair shop should (by law) have an industrial indemnity for covering bad workmanship AND have public liability insurace in case of injury or death to the public.
My motor insurance has an added service that pays all my legal costs should such cases arise, it might pay you to check through your policy and small print... maybe a pleasant suprise.
GOOD LUCK!
Ant
2007-09-19 09:24:10 · answer #5 · answered by ants_toes_knees 3 · 0⤊ 0⤋
I do think you have a case. I mean you cant put a screw of all things through a ball joint and expect it to last that long. My bf works on cars for a living and he laughed.
2007-09-19 09:18:12 · answer #6 · answered by Ashley 6 · 0⤊ 0⤋
Sounds like they have a case to answer. Do you have a receipt which states a ball joint replacement, or any other evidence you can use?
Go see a lawyer.
2007-09-19 09:16:30 · answer #7 · answered by Anonymous · 1⤊ 0⤋
Sounds like you have some sort of case to me. In the future always ask to see the old parts when taking your car in for repair. The mechanics are required to provide them for you upon request (usually you have to request this when dropping your car off) And always go to a mechanic you trust or have been refered to from people.
2007-09-19 09:18:51 · answer #8 · answered by JB 3 · 0⤊ 0⤋
Yes you have a case. Tell the shop you intend to pursue a claim against them. You may have to get an expert to testify about the faulty repairs.
2007-09-19 09:15:11 · answer #9 · answered by regerugged 7 · 0⤊ 0⤋
You have a good case. take pictures save reciepts and get an attorney.
You will have to show that their repair was negligent and that that is what caused the accident.
your lawyer will help. he will likely get them to settle out of court.
you could also give them the opertunity to make it right before getting a nasty lawyer.
2007-09-19 09:17:22 · answer #10 · answered by Anonymous · 0⤊ 0⤋