mechanic negligence

[b0ggwrath]

So i brought my car in for a simple oil change. When I picked my car up I was about 2 minutes down the highway when I started hearing and feeling a very loud and hard banging. I pulled over thinking I had a flat tire, nothing. I started driving slowly through the parking lot and it was doing it still, hung my head out the window to see my rim pretty much sliding on and off the car. So I stop and look and my lug nuts are on the rim only by a hair, not even finger tight.I called the mechanic and told them what happened and they just told me to jack it up and tighten them myself. I dont have a jack or anything so I demanded they come to where i was and them do it. They came up there and tightened them me. They wanted me to bring the car back up there the next day so they could see if any damage was done. I pointed out to them right then and there all the shredded metal that was around the rim and I said youor damn right you did some damage. I brought it up there and they called me said it was fine no damage done. I can feel it when im driving the car that somethings not right. Took the rim off myself and there is obvious damage to it and I know its affecting how the car drives. These are custom rims that I payed 3k for. I havent said anything to the shop yet. What kind of legal action can I take?

 

[FlaRiptide]

You should begin by attaining an expert assessment and opinion of the damages caused. Take you car to a respected mechanic in your town and advise them of what happened. Have them do an estimate of repair cost and include that the damage that they are witnessing could have been the result of untighted lug nuts. A second estimate would even be more helpful.

I hope you retained the name(s) of those persons who came out to the car to retighten the lug nuts for you. They are witness to the untightened lug nuts and basically accepted the fault of the negligence by coming to your rescue.

Armed with the mechanics report and the names of the witnesses, proceed to write a "Demand Letter" to the Owner/Manager of the oil change shop. In this letter you will describe what occured and then make demand for payment of the enclosed estimate of repairs. Give a specific date that you expect to receive payment by. Indicate that should you not receive the payment by this date, you shall take legal action. Mail the letter certified receipt.

If you receive no response, file a civil suit. Keep in mind, filing a civil suit will cost you perhaps $100 to file. Winning the case does not guarantee you will receive payment. Collecting a judgment is solely up to you.

That is why it is usually best to do everything you can prior to thinking about a lawsuit. Since they did agree to come to your aid and retighten the lug nuts, perhaps you can speak with them about your damages prior to sending them the "Demand Letter". If they are unresponsive, then do the Demand Letter. If still no response, perhaps you can seek media attention. Good luck.