Hi Folks,

Need some advise.

Had my 91 ZR-1 at a show Friday and I let a friend drive it home because I was also showing my race car. Sunday I raised the hood to do some minor detailing I immediatly noticed the left hand plastic wheel well that attaches to the clamshell hood had a section busted out of it. Upon closer inspection, the paint on the hood is now spider webbed just above where the plastic wheel well is broken and will require paint work to repair. I removed the plastic wheel well and found what had punctured the plastic and dimpled the hood from the inside out-a 1 ounce wheel weight that was clearly missing from the inner left wheel! Just a couple of months ago and less then 500 miles ago, I had the tires installed and balanced at a local NTB. Lifetime on the balance and my question is: Are they liable for damage caused by their sloppy workmansship? The weights are clip-ons and not stick-ons and they are clearly not the correct ones for the wheels, they just don't fit snug to the rim. Also before all this, the car had developed a shimmy in the front end and now that I look more closely, there are no weights at all on the right front wheel-inside or out! Looks like they also may have fallen off but no signs of damage. Had the hood up at the show and detailed both wheel wells so I know the damage had to happen on the way home. The car is super loud and my friend says he didn't hear anything out of the ordinary on the ride home and in no way do I place the blame on him. What, if any legal grounds do I have against these incompatent aholes? I have not contacted them yet, want to get a feel from forum members before I do.

Thanks,

Jeff..... :mad :mad :mad :mad :mad :mad :mad :mad :mad :mad

 

Jeff, That SUCKS!! :mad Man, I would be pissed. I think you are probably screwed. That is just my opinion and I hope I'm wrong. They are probably not liable beyond re-balancing the tires. First you would have to prove it and then they will say you probably hit something and knocked it loose. I would certainly take it there and give it a try and see what they say. I don't know if it would be worth the expense of getting a lawyer and all of that. I hope someone else has some better ideas. Let us know what happens and good luck, I'll see ya around, Guy

 

I agree with 85vetteguy. You are probably screwed because there's no real way to prove what happened. But, I would still give it a try in 2 steps. 1) try at the NTB with the manager, they have insurance for this type of stuff and he may go along with paying for the damage, then if that doesn't get you anywhere 2) try the BBB explaining the situation and result with photos. If niether works then at least you gave it a shot.

 

Could he contact the Better Business Bureau?

http://www.bbb.org/
http://www.bbbonline.org/

 

you would have to prove it was caused by the weight. they will probably put the weights back on for free but thats all they will do.

 

You should consult an attorney in MD as I am not licensed to practice in that state, however, they should be liable under some form of consumer protection law in MD, not to mention the negligence in performing their work. TAKE PICTURES, not only of the damaged area, but of the the areas where the faulty work was performed. Make all comunications with them in writing and take notes (incl Names) of any personal or phone conversations. Is an attorney worth it? How much do you think that hood is going to cost to fix it? Yea, an attorney might be worth it. Sorry to hear about that and good luck.

 

I am a Md attorney. I however will not give you legal advice (fine print, my firm's liability for my actions and all that lawyer stuff.) Anyway, Maryland is a contributory negligence state. That means if you are 1% to blame for the damage, you cannot recover anything. The first question is whether the car was subjected to hard driving that would dislodge the weight. Don't know the answer, but it doesn't really matter. I raise the issue because as others have said, you will have a hard time proving anything given the contributory negligence law.

I will recommend some common sense. If there is less than $5000 damage in any lawsuit, it is not worth it from a financial perspective to take a case to court. That said, what is the best way to try and get something from NTB? I recommend going into the store and calmly explaining your story and how you know the damage happened recently. Once the counterman blows you off (as he undoubtedly will, NTB is owned by Sears now, right?), ask to speak to the manager. Keep going up the chain of command in the store. I doubt you will get satisfaction, but it is worth a shot. Once you have made your way through them, write a letter to the national office. You can try customer service, but I would try an officer of NTB or Sears. Start with the company president. They don't like reading letters like that and have the power to have someone pay you to fix the damage. Explain the situation, enclose photos and write it carefully to show the reader you put some thought into it. I'm sure you can find a name for an officer on the web somewhere. Finish your letter with a paragraph explaining how you tried to resolve it at the store, that you like their company and use them regularly. Then ask the company officer if this is how they operate because if it is, you will be taking your business elsewhere in the future. Don't threaten lawsuits, it will be an obviously empty threat because of the cost and it will just make them ignore you until you sue them. You may get nothing by writing, but at least it won't cost you money to find out you get nothing, which would be the likely result if you sued them. A friend used this method when his builder tried to charge him an additional $20k to level the lot for his home after the contract was signed. He called the president, asked if he could fax him his contract and then explained what the people in the local sales office were telling him. The president sent word that he was to not be charged. National companies ought to back up their work. The trick is getting someone to listen. Good luck.

 

Jeff, all I can do is offer my sympathy and the hope you get the fair end of the deal. A ZR-1 is a GREAT car! Good luck and please keep us posted. :seeya

 

Thanks everyone for the advise, I will begin my campaign in the morning, using the ladder approach, I'll keep going until I run out of steps.

I'll probably wind up doing it myself, shame because the car has never had any paint work done to it in its 12 years its been here, just a major pain in the azz due to some idiots inability to know better.

I will take photos tonight, the weight that blasted through the fenderwell is still sitting on top of the fenderwell, and you can see where the weight came off the wheel (dirt impression). I'll keep you all posted. Thanks again,

Jeff...

 

Good "non-advise" from the MD Atty. :cheers: If you like, I'm an investigator here in Fl. but I can do the corporate research for you tomorrow and get you a name/address for the Sears President, or other officer if you like. Just let me know via e-mail.
Best of luck. :cheers: :seeya :flag

 

One of my friends lost the same battle back in 95 with a local dealership. The wheel weight went through the hood of his 95 coupe. What's your status?


[Modified by 4CEE, 10:05 PM 10/24/2002]