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Car accident liability question

Cleveland, OH |

Bought a used car, has been into the dealership 3 times in 8 weeks for repairs, this last time and the time before the service department was made aware the car pulls to the left and has an intermittent noise coming from the driver-side front wheel area. I got my car back and was ecstatic that it seemed fixed only to have the ball-joint fail completely while my husband was driving the car with our 3 year old daughter in the vehicle. I feel the dealership needs to pay for this since I made them aware that something is going on, I am a Nurse not a mechanic. They act like it is not their problem. The Service summary that I received from them when I got my car back states "Did not hear the noise, balanced tires" no mention that they checked for anything else. Do I have a chance?

Attorney Answers 3

Posted

Depending on whether the car is under warranty, and/or whether the dealer made actionable misrepresentations to you in an effort to sell the car, you may have claims to unwind the sale and get all of your money back. The first thing you should do is consult with a consumer law attorney in your area that handles lemon law and dealer fraud cases. I suggest you contact attorney Ron Burdge of Dayton immediately: (937) 432-9501. He is an expert in these types of cases. Good luck.

DISCLAIMER: This reponse is for informational purposes only and cannot be treated as legal advice. Legal advice depends on the specific facts of the particular matter at issue. Accordingly, you should not rely on or act on any information provided herein without consulting with legal counsel that is licensed to practice law in your jurisdiction. This response does not create an attorney-client relationship between you and the Law Office of Arthur J. Obolsky.

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Posted

Thank you for your advise, though Dayton is a bit of a drive from Cleveland I will try and see if I can find a Consumer Law Attorney closer to home... If not I will contact Ron Burdge and see if he would be willing to deal with the commute.

Posted

Contact Ron Burdge in OH and you will get excellent direction on where and how to go forward on this matter.

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Posted

Most folks don't know how serious a ball joint failure can be. The entire wheel can collapse while you are moving down the road and that can be a disaster at high speeds. It happened to me when I was a lot younger (luckily at a moderate speed making a turn in town) and I never forgot it. You are lucky no one was apparently injured. Selling a vehicle that is dangerous to drive is illegal for a car dealer in Ohio. Failing to fix it properly is a violation of another law in Ohio. Your sales paperwork and your repair paperwork will be important to your legal rights, but the odds are you have a very good chance of making the dealer pay for what happened here, and then some. Ohio's consumer protection laws also say that you can make the dealer pay your legal costs too. This is the kind of case that we often handle without the consumer having to pay for our time fighting the dealer. Whether you call me or someone else, make a call. Don't give up. Sounds like you are both morally and legally right here and what the dealer did is wrong. But act quickly because for every legal right you have, there is only a limited amount of time to actually file a lawsuit in court or your rights expire (it's called the statute of limitations), so don't waste your time getting to a Consumer Law attorney and finding out what your rights are. If this answer was helpful, please give a “Vote UP” review below. And please be sure to indicate the best answer to your question so we can all be sure we are being helpful. Thanks for asking and Good Luck. Ron Burdge, www.BurdgeLaw.com

Did a business treat you unfairly? See what your Udap rights are to protect yourself, click here
http://tinyurl.com/9aqykfo

For a Free Online 50 State National List of Consumer Law Lawyers, click here
http://www.USLemonLawyers.com

Click here to see what your state law says is unfair and deceptive and what your legal rights are
http://tinyurl.com/8pnvdot

Read this free online Avvo Legal Guide, What is Fraud?
http://tinyurl.com/8nvrgp7

Learn the tricks of car sales fraud so you don’t get ripped off, Click Here
www.carsalesfraud.com

This answer is for general purposes only and does not establish an attorney-client relationship. The law in your state may differ and your best answer will always come from a local attorney that you meet with privately. If you need a Consumer Law attorney, click the link above to find a Consumer Law attorney near you.

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