AmI entitled to compensation for negligence for faulty repairs to my car?

UPDATED: Sep 1, 2011

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AmI entitled to compensation for negligence for faulty repairs to my car?

I took my car in for a oil change and tire rotation,paid for service and left. After driving off the lot about quarter mile the front left tire rolled off the car. The car dropped to the ground. Fortunately, no injuries to me or others, however my car was damaged. The car place paid body shop to fix and provided a rental car only.

Asked on September 1, 2011 under Business Law, Missouri


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

When a repair shop (of any kind, including tire and oil places or dealerships) performs repairs on a car, it is obligated to use care in handling the car and making those repairs (including in reattaching anything which was detached or taken off; and also installing new parts properly and securely). If the shop was negligent, or unreasonably careless, in working on the car, they may be liable for the resulting damage or loss. Not securing a tire properly, so that it comes off withing a quarter mile, would seem to be a case of negligence; from what you write, it appears that you may have a cause of action and could sue the repair shop (including in small claims court, if the amount is under the small claims limit) for the damage to your car (cost to repair), any towing costs, any lost wages, and any car rental while your car is being repaired. You would not be entitled to compensation beyond your out of pocket costs or losses.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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