T
tc4513
Guest
Auto accident-need N.Y. lawyers oppinion
The pathfinder I purchased needed some things repaired.
Upon buying the truck(used), the owner of the car lot agreed to make the requested repairs.He needed to order the parts, so I went ahead and took the truck, agreeing to return later.
Purchase was made in March 2000.Repairs needed included replacing front turning indicator,rear tail lens,wind-shield was cracked,rust hole under rear seat, and
the passenger window(electric)moter did not work.
Through out getting the repairs done ,I had to constantly call him asking if the parts were in yet.The reply was always I'm waiting on a shippment or I just got a shippment in I'll have to get back with you,or I'm really busy now can you call back.
I repeatedly called him,telling him that look it's really starting to get hot out. I don't have A/C, I need the window fixed.He kept giving me the same sorry story.Finally on June 7th I called him, he said I have the part for your window, but I'm busy today,bring it in monday morning.June 12th. We'll get you in and out in about 30 to 45 min.
He knew I worked nights.I got off work monday morning at 7:40am. I got there at 8:05am.He finally showed up around 8:30am. At 8:45 he finally told his mechanic to go take the door apart and get the old motor out.He made some call's and told me the part should be here with in 30 min.At 9:30 he sent his guy out to get the part. To a junk yard, to pull the part off of another truck.I was mad.He told me that he had the part, and all that time I was waiting for him to order the part.But I just wanted the window fixxed, so I sat there and waited.
Then around 10:45 he got a call.The first part that was pulled turned out to be bad, so the guy had to go back out into the junk yard to look for another truck to get the part from.
It was about noon when he asked me If I wanted to take
loaner car so I could go .I told him no I'll just wait.Then again about 12:30pm he asked me are you sure you don't want to take a car and go,I really don't know when he'll be back with the part. So I agreed to go ahead ,take one of his cars .I left his shop at 12:40.On my way home I stopped at work to pick up a check from my credit union.Then on my way to the bank. That's when I stopped on 9w to turn into the bank.As I waited for a safe spot to make my left hand turn (across the street) I was hit from behind.
The accident happened on June 12th.Today is January 13th.
I have not been back to work yet.
My thoughts are that if he had the part, like he said he did , the repairs would have been done within 30 min, and
I would have been at home in bed asleep by 9:45. Instead of
out on the road at 1:00pm, being rear-ended.
The lady that hit me said in the police report,she never
even saw me.She was not insured.
I later found out that he had no insuance for the vehicle I was driving or any insurance at all.
My Question is can he be held liable for pain and suffering. Under the General Bussiness Law 349 of New York I only need to show proof that, 1-he was deceptive or misleading in a material respect.In that he lead me to a believe that he had the part for my truck,and the repairs would be quick. 2- Show proof that the plantiff was injuried. And I can surely show proof that I have suffered
substantial injuries.
Under that same GBL-349 I am not required to prove that the defendant's practice and acts we intentional,fraudulant or even reckless. Nor am I required to prove relience upon defendant's deceptive practices
I would like to hear from an attorney regarding my perception of the GBL-349,refered to above.Do I have a winnable case for small claims court ???????
[Edited by tc4513 on 01-15-2001 at 12:21 AM]
The pathfinder I purchased needed some things repaired.
Upon buying the truck(used), the owner of the car lot agreed to make the requested repairs.He needed to order the parts, so I went ahead and took the truck, agreeing to return later.
Purchase was made in March 2000.Repairs needed included replacing front turning indicator,rear tail lens,wind-shield was cracked,rust hole under rear seat, and
the passenger window(electric)moter did not work.
Through out getting the repairs done ,I had to constantly call him asking if the parts were in yet.The reply was always I'm waiting on a shippment or I just got a shippment in I'll have to get back with you,or I'm really busy now can you call back.
I repeatedly called him,telling him that look it's really starting to get hot out. I don't have A/C, I need the window fixed.He kept giving me the same sorry story.Finally on June 7th I called him, he said I have the part for your window, but I'm busy today,bring it in monday morning.June 12th. We'll get you in and out in about 30 to 45 min.
He knew I worked nights.I got off work monday morning at 7:40am. I got there at 8:05am.He finally showed up around 8:30am. At 8:45 he finally told his mechanic to go take the door apart and get the old motor out.He made some call's and told me the part should be here with in 30 min.At 9:30 he sent his guy out to get the part. To a junk yard, to pull the part off of another truck.I was mad.He told me that he had the part, and all that time I was waiting for him to order the part.But I just wanted the window fixxed, so I sat there and waited.
Then around 10:45 he got a call.The first part that was pulled turned out to be bad, so the guy had to go back out into the junk yard to look for another truck to get the part from.
It was about noon when he asked me If I wanted to take
loaner car so I could go .I told him no I'll just wait.Then again about 12:30pm he asked me are you sure you don't want to take a car and go,I really don't know when he'll be back with the part. So I agreed to go ahead ,take one of his cars .I left his shop at 12:40.On my way home I stopped at work to pick up a check from my credit union.Then on my way to the bank. That's when I stopped on 9w to turn into the bank.As I waited for a safe spot to make my left hand turn (across the street) I was hit from behind.
The accident happened on June 12th.Today is January 13th.
I have not been back to work yet.
My thoughts are that if he had the part, like he said he did , the repairs would have been done within 30 min, and
I would have been at home in bed asleep by 9:45. Instead of
out on the road at 1:00pm, being rear-ended.
The lady that hit me said in the police report,she never
even saw me.She was not insured.
I later found out that he had no insuance for the vehicle I was driving or any insurance at all.
My Question is can he be held liable for pain and suffering. Under the General Bussiness Law 349 of New York I only need to show proof that, 1-he was deceptive or misleading in a material respect.In that he lead me to a believe that he had the part for my truck,and the repairs would be quick. 2- Show proof that the plantiff was injuried. And I can surely show proof that I have suffered
substantial injuries.
Under that same GBL-349 I am not required to prove that the defendant's practice and acts we intentional,fraudulant or even reckless. Nor am I required to prove relience upon defendant's deceptive practices
I would like to hear from an attorney regarding my perception of the GBL-349,refered to above.Do I have a winnable case for small claims court ???????
[Edited by tc4513 on 01-15-2001 at 12:21 AM]