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?
Divorce / Separation Lawyer
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 communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at firstname.lastname@example.org . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.
9 lawyers agree
General Practice Lawyer
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.
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
7 lawyers agree
Wrongful Death Attorney
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
1 found this helpful
8 lawyers agree