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M

msthaing

Guest
my son had two tires put on the driver's side of his ford explorer by a local tire company (one older man who buys tires and has a changer and air gun, business is very small) he proceeded down the road and the back tires came off causing him to wreck. what do i do now???
 


ALawyer

Senior Member
If there was any personal injury or medical or hospital expense run to a lawyer -- look at http://AttorneyPages.com BUT if there is only property damage, tell them to pay for repair. ALSO report it to your insurance company. You may also have to file a DMV accident report.
 
M

msthaing

Guest
there was no injury to person but quite a bit to the vehicle, we asked him nicely to take care of the expenses but he said no. also my son just bought the vehicle (less than a week ago) i thought he had gotten his insurance but he hasn't yet. he is only 19 and not very reliable.I am going to take pictures of the damage and then have the necessary repairs made out of my pocket. should I talk to a lawyer before making repairs or after?? thanx for any suggestions....i need to add that i am in TN>

[Edited by msthaing on 02-11-2001 at 08:31 PM]
 

ALawyer

Senior Member
In the posting by I am Always Liable he notes that pain may come later. Have that irresponsible son go to a lawyer and ask if the lawyer wants to handle the case. If the other side fears there will be a personal injury claim, it may settle faster.
 
M

msthaing

Guest
thank you for the suggestions. my main concern is should i wait to repair the vehicle, he has nothing else to drive right now and it is a hardship for me to have to drive him every where. i could have it repaired immediately but i don't want to risk (if i go ahead and fix it) the mechanic not having to pay for damages simply because i went ahead and repaired the vehicle.
 

I AM ALWAYS LIABLE

Senior Member
My response:

Take plenty of pictures - - close up, and from a distance, and from every conceivable angle.

Then, have two to three estimates prepared (if possible). If not, due to it's undrivable condition, then the one from where you have it repaired will just have to suffice.

Then, have the vehicle repaired. You are obligated, by law, to "mitigate" your damages by having the vehicle repaired so that it won't suffer any further damages by merely having it sit. Make sure you get a written opinion from the repair person as to how he believes the damage occurred; e.g., "this type of damage can only occur when someone forgets to screw on the lug nuts."

Since your son is an adult, prepare a "Promissory Note" for your son to sign and date. It's his promise to repay you for the cost of repairs. Remember, he's an adult, it's his vehicle, and he's the one who failed to have insurance. It's not your fault if you want to be nice and pay the damages while you're waiting to be reimbursed - - but, since you are, you certainly don't want him to "forget about" paying you back.

Once last point. If it turns out that an attorney won't take his case, he needs to consider filing a claim in Small Claims court and suing the mechanic for the cost of repairs.

IAAL

[Edited by I AM ALWAYS LIABLE on 02-12-2001 at 12:40 PM]
 
M

msthaing

Guest
THANK YOU SO MUCH!!!!! for your "suggestions". please have an excellent day!!!!
 

I AM ALWAYS LIABLE

Senior Member
My response:

On behalf of ALawyer and myself, you're certainly welcome. And, I'm sure that ALawyer will concur, that we both hope all turns out well for the two of you.

Good luck.

IAAL
 

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