If my mechanic does not agree to fix a problem that he caused, legallywhat can I do?

Just over a week ago I took my car to a specialty shop to install 4 new wheels and tires. 2 days after having the car back my passenger rear tire was completely flat. I had the tire towed to the nearest tire shop because the specialty shop is almost an hour away. They showed me that the installer tore the interior tire bead that seals the tire. This is a very dangerous thing and the service tech and tire company both agree that the installer is at fault completely. If the problem is not corrected what are my options legally for allowing a vehicle to leave under unsafe circumstances?

Asked on September 12, 2011 under General Practice, Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I would not take the car and drive it if in fact it is in a dangerous condition and you could be injured or worse, you could injure some one else.  If you knew or should have known injury could result then you would be held liable for the injureis or damages that could occur.  So I would advise the specialty shop, in writing, of the situation an give them the opportunity to have the car towed to their hop to repair the problem.  Give them a time frame.  Then you have the opton of suing them while you leave the car where it iss or fixing the car (if you need it for work, etc., you may have no choice) and then suing them for the money it cost you to repair. Rememebr your proof: the other mechanics expert opinion. Good luck.


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