Drive shaft fell off in the middle of the highway. Do I have a case?

Asked almost 2 years ago - Carrollton, GA

I have a 2009 Dodge Ram 1500. The whole drive shaft fell off on the highway. I was going 70. This could have hurt or killed me my passengers and whoever was behind me. I had an oil change done at Firestone yesterday and they did not notice anything. I bought the truck in 2010, so I only had it for two years. They're telling me that warranty expired in July because it is a 36 month warranty. So does the warranty go from date of manufacture or first date of use? Insurance won't cover because they say its a mechanical issue. Do I have a case against Dodge? How about the warranty?

Attorney answers (4)

  1. Glen Edward Ashman

    Pro

    Contributor Level 20

    9

    Lawyers agree

    Answered . You cannot sue for "could have hurt or killed me my passengers and whoever was behind me." You can only sue (if you can sue at all) for actual damages (the repair cost).

    As for the warranty it's not clear from your post if you bought the Dodge new or used, and no one here has read it. If it's not expired, you make a warranty claim for repair. If not, you get to make the repair out of your pocket.

    Even if you have a valid claim against someone the size of the case is tiny, so it would be a small claims case, unless someone was actually injured. Again, you've done a very short post with few details so we may have missed something, but nothing in your post tells me there is a significant case.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to... more
  2. Christian K. Lassen II

    Pro

    Contributor Level 20

    8

    Lawyers agree

    1

    Answered . Sounds like a close call, however, close only counts in horseshoes and hand grenades. Call the manufacturer to discuss a resolution, as they often times will cover repairs beyond the expiration of a warranty if you bird dog them.

    Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  3. Daniel Nelson Deasy

    Contributor Level 20

    7

    Lawyers agree

    Answered . In order to have a case, there would have to be injuries and damages involved. The warranty is defined by your warranty paperwork and without a review of those documents, no one on this board can speculate.

    Good luck.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
  4. Scott J. Corwin

    Pro

    Contributor Level 18

    4

    Lawyers agree

    Answered . I agree with Mr. Lassen; you may want to call the manufacturer to resolve your situation. I hope everything works out for the best.

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