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Went on my honeymoon last week. Decided to take the vette. Saturday we were coming back from golfing and stopped at a light. Light changes, I pull out and bang. Back end drops down and there goes the rear passenger wheel rolling down the street. :mad All of the studs were sheared off. Too make a long story short, we spent the last 2 and half days of our honeymoon getting the car fixed. Seems The Chevy Shop used 7/16" studs and a spacer with a wheel designed for 1/2" studs.
So I get to drive home with a leaking rear end and duct tape holding the damaged flare on. We get to within about 70 miles from home when the tranny goes out. A brand new Richmond unit. :mad So we get to finish the trip home on a flat bed. But not before the flatbed driver gets the vette on the flatbed and lets it roll into the back of the frame on the truck scratching the nose. The scratch isn't a big deal, but everything else is. Went to the shop today, but they didn't want to do anything about. So hi ho, hi ho it's off to the attorney I go. Friggin' resto shops, they could F up a cup of coffee. Classic
Thank God you weren't going fast. I had a brake caliper fall off my ride, jam on the rotor and freeze my wheel. I was parking when it happened. Someone must have used an air wrench to tighten the two bolts when they restored it. They were both stripped. Lucky for me I wasn't out on I-81. Then I had to drive up the metal bed of the car carrier, leaking brake oil like it was coming from an artery, because his winch was broke. Had to reach for the parking brake like I was in a gun fight. Sounds like we were both (all) lucky. Try to look at it that way. You and your bride are still here to talk about it.
Thats why I do all my own work. Built three cars, frame up in the last four years and so far no problems. I know everyone can't do this I guess i'm just lucky to own a shop. I will say that if you where my customer and my shop made that kind of mistake I would pay for all the towing and the repairs. Some times I can't understand how a shop can keep his customers if he can't own up to a mistake.
Had a very similar experience many years ago, lost a rear wheel through the quarter panel at 50mph.
I turned the matter over to my insurance company, explaining the circumstances and the fact that the responsible party (a Chevy dealership that had done repairs the previous day and obviously only replaced one or two of the wheel lugs) wouldn't step up and pay. I said it was negligence, the dealership said someone must have tried to steal my wheel when the car was parked overnight in my driveway (right, a thief removed some lug nuts, then got scared off and replaced the wheel cover before he ran away!).
My insurance company paid for all my damages, sent a lawyer and a stenographer to take a formal deposition from me, and THEY sued the dealership to get their money back.
i know i'm on my sopabox but i feel strongly about this thread [i am a lawyer that represents injured people]. the main thrust of the various views is sympathetic to your plight, but that you ought to feel lucky if the negligent party pays for the repairs and the towing bill. well, that would be a good deal for them and a bad deal for you, because you are still left with a terrible end to a honeymoon [along with a very frightening and aggravating experience]. no-one suggested that the dealer ought to pay for the actual dollar damages plus money for your aggreavation and fright. yes they should [15k comes to mind]. it would be the right thing for you. the other reason for this is that when you hire an attorney you have to pay for all of the court costs and the attorney. if you win the actual out of pocket damages only and then pay for the attorney, it is hardly worth going to court. the dealers know this, and that is why they usually deny liability [and laso why they can afford to be sloppy]. they know it is too expensive for you to "prove it." it is a win/win for them. they got paid for negligent work and it will be hard for you to do anything about it. sadly, this is becoming the "american way", and NO No i do not think this is a nuisamnce suit. the nuisance is everything you had to go through, not what the dealer has to go through. good luck.
I feel for you. I had a front knock-off come off years ago. Luckily the damage was minor and I did not have gobs of out of pocket expenses. I knew who was responsible and they denied it even though I was not claiming a thing. It is tought to prove because the chain of possession lets almost anyone pass the buck. The car went from the body shop to me. I drove it to the muffler shop. On the way back from the muffler shop, the wheel comes off. The spinner and cap were still together, so how could a modern knock-off with a pin just back out? It could not unless the shop took the wheel off and forgot to put the pin back in. They say they did not touch it and I could not prove they did.
Your case is more explicit if the shop did the work and was negligent in what they did. Try the attorney, but they might not want the case because the dollars might not be there for them. Insurance might be the best way to go here. Good luck.
Sounds like you've got 3 issues: Bad studs cause body damage, tranny goes out cause tranny was defective perhaps, and Bubba wreaks havoc with his wrecker.
So possibly the tranny and Bubba are open and shut with the tranny makers and Bubbas insurance. The stud problem sounds like it would be easy to document. If you can seperate out the tranny and Bubba part, maybe your small claims court would be able to collect enough to take care of body damage. But, before all this, find out how to write a butt kickin demand letter to the resto shop and let them respond. You may be able to find a lawyer with enough soul to give you a little basic do it yourself info. If not, some of the Nolo legal guides are excellent references.
With any luck you'll be whole by the time you're first anniversary rolls around.
But, before all this, find out how to write a butt kickin demand letter to the resto shop and let them respond. You may be able to find a lawyer with enough soul to give you a little basic do it yourself info.
Twice in my life I got into similar situations, tho not related to cars. In both cases I paid an attorney to write a strongly worded letter to the responsible parties, and I got my money back without further effort. Might be worth a try in your case too. Just my $0.02.