Do I have leverage against them to receive compensation? Has it been too long since the accident?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Do I have leverage against them to receive compensation? Has it been too long since the accident?

I bought a car over 2 years ago from a dealership. A few weeks later, the lug studs started sheering in half. I originally thought that this started happening because a tire store had improperly remounted my wheels after doing a tire rotation and so I had them replace the lug studs. However, a year later, my wheel fell off on the freeway while traveling 55 mph due to the same issue. Fortunately, I was not hurt but I am unable to drive my car at high speeds without severe anxiety. I replaced the lug studs and then another broke 2 months ago. At this point, I took it to my usual tire mechanic and he said these wheels, that were originally mounted to the car when purchased from the dealership, were not meant for that vehicle and therefore caused the issue. I immediately bought new wheels and have not had an issue since then. Considering it’s been a year since the accident and 2 years since I purchased the car, I want to know if they are still liable and how they should compensate me. I spent 250 on new wheels and tires from a private seller, the TPMS need to be replaced and there is minor damage to the body of the car due to the wheel falling off. I still have the tires that came with the car.

Asked on September 8, 2019 under Accident Law, Utah

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You are still within your state's three-year statute of limitations to sue for negligencre (carelessness) causing damage to personal (non-real estate) property, so you are in time to sue.
Since you suffered no injury, there is no compensation available for anxiety--you generally only get compenation for emotional distress accompanying injury, or if you were near someone who suffered serious injury, or if the attempt to harass or harm you was deliberate. You can recover for all costs (new wheels, mechanic, any towing, etc.) and possibly for lost wages (if you missed work due to this).


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption