Legal Question in Consumer Law in Massachusetts

Over the weekend my Husband went the dealership where he had purchased his 2015 vehicle last year. He went there on 9-17-2016 to get a free oil change and free tire rotation plus needed a new sticker. Once they finished my Husband called me and was telling me that he was on his way home. While on the phone he said that the wheel was slightly shaking and that he was he was going to head back to the dealership. He was about 1/2 mile or so down the street from them. As he was just about to pull off the road and turn around he put his foot on the brake and the car started shaking even more and making sounds. Before my husband could even pull the car over the front drivers side tire fell completely off the truck and rolled away as the left front of the truck hit the ground creating a lot of damage to the truck. My Husband took off his belt and then tried to get out the drivers side door but it was stuck shut. He had to climb out the passengers side door. Then once out of the car he found 3 lug nuts back on the road that had come off. He never found the other lug nuts after spending time looking for them. My Husband went into the store where he had just slightly blocked the entrance and told them what happened and that he would be having it removed shortly. The manager inside told him he had seen what happened. My Husband called the dealer ship and they sent the guy who did the work and his boss to the scene. The car who did the work said oh, I can just put the tire back on and drive it back. My Husband told them that is not a good idea! The guy only got two lug nut on. The third lug nut would not go on at all. So this guy wanted to drive it back on two lug nuts. As this guy went to drive it the truck made noise. My Husband said you really need to tow this thing. They finally listened to him. Once they got to the dealership they apologized. My Husband told the man that he was lucky that he had not reached the highway when this happened! The dealership said they would fix it but now my Husbands truck is not going to be the same and what happens if other things start going on the truck due to the incident? Our new truck is now going to depreciate in value. Someone also told him not to contact insurance but we did. We also contacted the police. What should we do? What are our options and rights. We only wanted an oil change and sticker, can you please give us advise. it would be appreciated. Thank you, Linda G.


Asked on 9/19/16, 8:12 am

1 Answer from Attorneys
Jed Berliner L J Berliner

You are right to worry. Here are some ideas.

Get the names of all witnesses.

Write this up as thoroughly as you can without leaving anything out. Put this on a word processor so you can add more as you think of more stuff.

Take lots of pictures.

Complain to the factory representative so there's a record of the bad tire rotation service.

After it is repaired, hire an independent mechanic to see if anything was overlooked or any short cut taken. You may have to sue in small claims court. If you do, tell the factory representative.

Once the truck is fully repaired, go to a reputable used car dealership and pay for a professional opinion of the car's depreciation. Demand payment or sue in small claims again.

There is no easier way.

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Answered on 9/19/16, 1:23 pm


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