The DOT supposedly checked it. When he was on his way to the company he's to drive for the truck slid into a ditch because of a crack in the air lines of the brake. When the truck was in the shop, they found corroded electrical wires and when they went to do an alignment because the truck was pulling to the one side, they found the tie rods and shocks were shot. After driving several hundred miles the rubber around the roof (I haven't seen it so I don't know what it is) started flapping and flew off. Now the truck is waiting to have that repaired along with another electrical problem with the speakers. They blew out and are smelling like they are burning. He signed some kind of a paper saying he accepts the truck as is. Not being a mechanic, how could he anticipate these problems? With the problems he has had, he could have been killed or have killed someone else. How could a vehicle this unsafe be sold? Mom and Dad have been paying all the bills. Do we have any recourse?
2007-12-01 14:24:49 · 5 answers · asked by pokey 2 in Cars & Transportation ➔ Safety
This can be really sticky. By DOT checking it, was it a fed. dot certified inspector that you would find at the scale house, or was it a mechanic who did a fed. dot inspection that would be done for the yearly sticker? If it was a mechanic you have recourse against the shop, might even be court. If it was a state dot man from the scale house, probably not.
Did he take the truck to an independent shop, not company shop to get checked out? With these problems the company should have known of some of them.
The cracked air line, and very possibly the bad shocks he should have found on a pre trip inspection. A cracked air line will leak air, you will hear it either when near that area, or in the cab. The air will keep running through the brake valves in the dash signalling a problem. Even when you hold the brake pedal down for a minute, a cracked line will show up on the air pressure gauge. Any damage from the cracked air line, no recourse. The other problems, contact OOIDA and, or a lawyer. There are certain things that need disclosed in a lease.
2007-12-01 14:42:50 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Between your son and the company he signed the lease with, there is, probably not much he can do.
It would be true of ANY used vehicle purchase or lease. That is what "as-is" means. Out of all the drivers in the world, very few are qualified mechanics, so, anytime someone purchases a vehicle "as-is," he'd, either, better know what the vehicle's condition is, or, have a qualified automotive technician check it out. Otherwise, like your son, he's stuck with the vehicle and the conditions of the contract.
If there is ANY recourse, it may be with the DOT and their inspector. Even then, I wouldn't hold out much hope. I have no idea what such an inspection entails. It may have been no more that a check of documentation, counting the tires and making sure all the required lights work. I'd be willing to bet that checking for corroded electrical wires was NOT part of that check. Forget about any rubber gaskets and speakers.
Suing the fedral government is costly and time consuming. Did you know that you have to get permission from the government to sue them?
I think the lesson is that he should have not signed for anything he didn't know about, and was not willing to take a risk on.
2007-12-02 07:41:05 · answer #2 · answered by Vince M 7 · 0⤊ 0⤋
This is a learning lesson to your son. Never sign anything without understanding all it implies. First and foremost, these lease to purchase plans these companies are putting out here, are to benefit the company, not the driver. The Federal Government should make it the Law, that these companies make available the percentage of finished leases. Most drivers on these leases never finish paying for a truck, and actually pay the company to work for said company. I also think the Federal Government should make a company have a full disclosure of the trucks performance, and mechanical issues, before they can lease a truck to a driver. These companies look for people who want to be their own boss, who other wise don't have the means to make it a dream. Have your son take everything to an attorney, let them decide if he has a leg to stand on. If not, maybe he can help others not to make the same mistake.
2007-12-02 04:31:17 · answer #3 · answered by Iam!! 4 · 0⤊ 0⤋
if he bought it "as is" thats what it means, the seller isnt responsible. if he had taken it to a mechanic of his choosing before signing,some of the problems you mentioned would have been found. but i dont think there is anything that can be done now.
2007-12-01 14:37:35 · answer #4 · answered by mrs_pipesmoker 7 · 1⤊ 0⤋
Take the lease and bills to a lawyer and see what he says.
2007-12-01 14:33:46 · answer #5 · answered by Larry E 7 · 1⤊ 0⤋