What to do if I picked up car from car lot after having repairs to the transmission and as I was driving it, I almost wrecked because the clip was taken out of the tie rod?

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What to do if I picked up car from car lot after having repairs to the transmission and as I was driving it, I almost wrecked because the clip was taken out of the tie rod?

Asked on December 16, 2012 under Business Law, Ohio

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

When you say that you "almost wrecked", if the car was NOT damaged, you would not have any claim. 

If the car was damaged, you would have a claim against the repair shop for the cost of repairs.

If the transmission was damaged due to the faulty repairs, you can file a lawsuit for negligence against the repair shop.  Negligence is the failure to exercise due care (that degree of care that a reasonable mechanic/repair shop would have exercised under the same or similar circumstances to prevent foreseeable harm.  Your damages (the amount of monetary compensation you are seeking in your lawsuit for negligence) would be the cost of repairs.  If you need a rental car while your car is being repaired, your damages should also include the cost of the rental car.  You will need to mitigate (minimize) damages by selecting a rental car with a reasonable rate.  If you were to select the most expensive rental car you could find, your damages would be reduced accordingly.

 


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