Legal Question in Consumer Law in Texas

Yukon XL Regency Lost Wheel After Tire Rotation

I had my tires rotated, picked up the vehicle, drove to the freeway, drove 70 mph for a few miles, got off the freeway, turned into the local mall and my wheel flew past me. My custom wheel is damaged, my car is damaged, body (requires a new front fender, fender flare, door repair, front bumper and paint) and undercarriage (new brake system on the drivers side, possibly new axle). I was not hurt, although shaken up. The auto shop agreed to take care of all of the repairs. Do I have a case against them? As far as I'm concerned, my car's value immediately decreased because of this. If I were to sell or trade, I would be required to disclose the repair work to the purchaser. Through no fault of mine (carelessness of this auto shop) I now have a $35,000 vehicle that isn't worth what it was a couple of days ago.

Thanks


Asked on 11/06/03, 11:30 am

2 Answers from Attorneys
Sharon Campbell Sharon K. Campbell

Re: Yukon XL Regency Lost Wheel After Tire Rotation

If they repair it completely, you have no additional cause of action. You cannot recover diminution in value damages.

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Answered on 11/06/03, 12:19 pm
Peter Bradie Bradie, Bradie & Bradie

Re: Yukon XL Regency Lost Wheel After Tire Rotation

You appear to have a good case for the actual damages done to the wheel and the vehicle. The Texas Supreme Court has recently determined that the diminution of value of the vehicle is not recoverable damages.

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Answered on 11/06/03, 12:52 pm


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