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do punitive damages apply in my instance, pls? (really short read)

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berbes

Junior Member
We're in Illinois.

1. dropped our '95 bmw off for a 4 wheel alignment at dealership. i told the service advisor to also find where a right clunking sound was coming from (it was written by my advisor on the original papers).

2. apparently there were some rusted bolts they had to replace, so it took them hours to do the alignment, and they ran out of time for the day. they didn't have time to find that clunking. i pay and leave.

3. a couple of weeks later, the right rear wheel fails, and 'pops' outward a bit causing the rear end to shift accordingly. the location this happened for me was perfect, as it was a four lane road and i had no one in the lane i swayed into. i was also going 5-10 mph when i hit the small pothole.

4. while waiting for a tow, i look at the bill from the dealership, and see the mechanic noted i was missing 1 of 3 bolts on each rear wheel (broken off). the service advisor didn't tell me about this when i picked up the car. i now know the 'clanking' was the bracket missing the bolt, and it was bending and slapping back at the body until it eventually ripped out by the remaining two bolts.

5. i didn't want to go thru legal means & i needed the car fixing asap, so i worked out what i thought was a largely discounted price to fix the issue and get a free rental. the job took 3 months. i won't go into details here, but to keep it short, within driving a couple of weeks i found:
- they forgot to tighten 3 of the 5 lug nuts on one wheel.
- they forgot to tighten some of the bolts on the NEW bracket
- they forgot to tighten one of the rear shocks top bolt, and it tore
through the shock mount, necessitating a buy of two new shocks.

it's obvious they gave me an incomplete repair. when i file, i will be asking for what i paid for all costs & repairs, beginning with the flawed alignment.

since i was so lucky that i wasn't injured in all this failed workmanship, does that make it impossible to ask for punitives? what is a fair amount to ask for?

thanks.
jackie
 


FlyingRon

Senior Member
In addition to the dollar limit, there are limits to what claims can be made in small claims court in Illinois. Punitive damages are not allowed.

Even in regular civil court, I don't see things that merit punitive damages. Certainly there appears to be no malice, fraud, or deliberate violence. While probably negligent, it wouldn't seem to elevate to the gross negligence standards required for punitive damages to be awarded.
 

divona2000

Senior Member
...they ran out of time for the day. they didn't have time to find that clunking. i pay and leave...a couple of weeks later, the right rear wheel fails...i needed the car fixing asap, so i worked out what i thought was a largely discounted price to fix the issue and get a free rental. the job took 3 months...
So even though the work wasn't completed, you drove your car away?

Weeks later, still not having gotten the repair done, a wheel fails, then you take it in back in for repair?
 

latigo

Senior Member
I thought that the statutes listed above were stricken; . . .
You are 100% right. The Best and Lebron decisions sent that whole Public Act 89-7 to the showers. Same place I’m headed right now. And it was staring me right in the face. Many apologies.
 

xylene

Senior Member
You have a fairly old car, having widely known problems for its make (ie the rear wheel camber thing...)

I know a thing or two about BMWs. You have not described anything that outlandish.

These are your conclusions in bolds

they forgot to tighten 3 of the 5 lug nuts on one wheel.

They didn't forget - the wheels lugs loosened. It happens.

- they forgot to tighten some of the bolts on the NEW bracket

What bracket?

- they forgot to tighten one of the rear shocks top bolt, and it tore through the shock mount, necessitating a buy of two new shocks.

Was it a new shock mount? If no, then it is very likely the mount failed from age.

You should buy a nice new car under warranty.
 

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