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Can I sue this car dealership? Negligence, Other Injury

Discussion in 'Accidents, Injuries, Negligence' started by TexasGal, Oct 26, 2014.

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  1. TexasGal

    TexasGal Law Topic Starter New Member

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    I purchased a truck from a local car dealership, only reason the truck was purchased was due to the fact that I needed four wheel drive to get home on my dirt road when it rains. Three days into having the truck, but only the first day to drive the truck aside from when we brought it home, while driving down 190 the transfer case for the four wheel drive exploded and the drive shaft came through the floor board. The reason I was driving the truck was because the four wheel drive wouldn't activate so I was taking it to the closest mechanic to get it checked out. When the transfer case shattered it cause 10 thousand dollars worth of damage. The truck was an '07 and a trade in so the dealerships mechanics should have check everything, they would have noticed that the four wheel drive wouldn't activate when it was brought in for as a trade in. Can I sue them for neglect and endangerment.
     
  2. army judge

    army judge Super Moderator

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    You can bring a lawsuit. That's your right. You won't prevail in this case, unless the dealer guaranteed, or warranted the truck, including the parts that exploded. If the dealer guaranteed this, you'd not be considering a lawsuit.
    Furthermore, buying a 7 year old four-wheeler (in or near Bell County & Ft. Hood) that's extremely risky, those young soldiers and local wannabe cowboys destroy those things "mudding"!!!!

    Read your purchase contracts. Even if it's guaranteed, it's very limited. A 7 year old truck, especially an old 4 wheel drive truck, normally wouldn't be covered.

    Finally, if you're going the JP route (small claims), ALL you can sue for is monetary damages.

    My guess, you bought an old bucket of bolts. Dealers sell used junk everyday. Very few buckets of rattling, rusting bolts are ever guaranteed.


    Count yourself lucky you're not dead, or in critical condition in Scott & White or another great hospital. That's a very big win.
     
    Last edited: Oct 26, 2014
  3. mightymoose

    mightymoose Moderator

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    If you specifically needed four wheel drive why didn't you test it yourself before buying it?
    If you are lucky you will have some kind of warranty.
     
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  4. disagreeable

    disagreeable Well-Known Member

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    I see under $1k to fix roughly,
     
  5. Disabled Vet

    Disabled Vet Well-Known Member

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    LOL Did someone step on your mind? ^^^^ I don't think it's a 10,000 repair but 1,000 is nuts. The transfer case alone is more then that.

    As mightymoose stated "If you specifically needed four wheel drive why didn't you test it yourself before buying it???????? I know i would have. My in-laws are prime example. They had a dealership do every maintence update to their SUV. Oil changes, transmission fuilds, tire rotation. etc...etc..... Their SUV had 75,000 miles on it when they traded it in. Two weeks after someone purchased it the transfer case blew up.

    If you attempted to drop this truck into 4X4 while going to fast it could have blown the transfer case.... There are so many variables of how it could have gotten damaged. Is it your fault IDK but can say this much. As mightymoose and I state now... If you needed a 4X4 and you didn't test it prior to buying the truck it sounds VERY fishy to me.

    Lets hope this dealership shows you compassion and helps with the repairs. It is a used truck and most are sold " AS-IS " unless your contract states otherwise or you purchased a warranty program.
     
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  6. disagreeable

    disagreeable Well-Known Member

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    I don't know where you buy your parts man. I buy mine local or through an online parts locator. A replacement convertible top for my wife car in grade A condition attached to the frame for easy installation is only $200.
     

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