Legal Question in Consumer Law in New York

My car went into the shop for a leaking tire - passenger side rear. I was told by the tire/repair shop that it was not repairable, and that the other tires were very worn and should be replaced.

I purchased four new tires, and while they were trying to remove the DRIVER side rear tire, two of the threaded studs that the lug nuts attach to broke off - they told me it was because the nuts were rusted on tight.

I left the car overnight so they could replace the studs.

Upon picking up the car and driving back to work, I noticed that every time I stopped the car, I heard a clunking noise and felt a jar from the driver side rear of the car. They had told me that the brakes had to be removed and such to replace the threaded studs, which is why it cost almost $50 labor, so I figured they put something back together wrong.

As this is a chain of shops, and they have another location near my job and I had to get back to work, I brought it in there to be checked.

They lubricated and adjusted something with the brakes, which eliminated the symptoms, but told met that their other location had used the wrong threaded studs. They said the studs were longer in the rear than the front of my car, and the receipt from bad repair, when I looked back at it, does say front studs. They called over to the other shop, which is more convenient generally, and they've ordered the correct longer studs (2).

I later went back and spoke to the manager at the location which made this horribly negligent repair. He told me that on these 2 (incorrect) studs, that the lug nut only goes on about 4 (four) threads, which isn't much, that they ordered the correct ones, and that I shouldn't drive the car on the highway or anything until these studs are replaced.

I asked why, if the correct studs were not in their stock, wasn't I told about these incorrect ones being used and then to come back for the right ones. He said they should've told me that. They told me nothing.

So had it not been for something in how the brakes were put back onto the car after this botched, unsafe, and dangerous repair which knowingly used the wrong parts, I would've never known the parts were wrong, and could've been killed on the highway.

As it is, I was going to use this car for a several hundred mile trip over this coming holiday weekend. Thank God for the noise to alert me of this gross negligence or the results would likely have been horrific.

I will now have to use my truck, which gets HALF the gas mileage of my now severely decommissioned compact because of this nonsense.

So what are my rights and remedies with this absurdly ridiculous negligence?


Asked on 10/08/15, 1:28 pm

1 Answer from Attorneys

SHAHRIAR KASHANIAN LAW OFFICES OF SHAHRIAR KASHANIAN, ESQ.,

Sue them in Small Claims Court.

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Answered on 10/08/15, 2:12 pm


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