About four days ago I went and got new tires on the front end of my car at les schwab, And then yesterday I went back in because the tires were still making weird noises they told me that it was just a CV axle that I could replace so I said OK I would eventually do that but I couldn’t afford it at the moment but they said everything else looked fine and then on my way home pulling into a parking spot my brakes failed Causing me to hit the wall and the airbag to go off throwing my arm into the windshield. I don’t know if they are legally supposed to tell me if my brakes are bad or if they’re leaking but they didn’t they told me everything was fine and I don’t know what to do now
I don't know why this was posted under "Speeding and Traffic Ticket." You are ultimately responsible for the safe operation of your vehicle.
SAN DIEGO CRIMINAL DEFENSE ATTORNEY--20 years experience
You have a very tough liability case. The tire shop generally wouldn't be under any to do an assessment of the safety of the brakes when your car goes in for what you think is tire noise. Besides, the CV axle they did diagnose might be to blame. If you have collision coverage on the car it should at least pay for the damage caused by hitting the wall. Still, there'd be no harm in getting a free consultation with a personal injury lawyer.
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I do not believe tire shop is responsible. You have insurance to pay for damage. You still might want to consult with a personal injury attorney.
ANDREW ROBERTS CRIMINAL, DUI AND TRAFFIC TICKET DEFENSE ATTORNEY- 39 YEARS EXPERIENCE
Since you didn't state whether you had the shop check your brakes, they are not going to be held responsible for any damages. You, as the owner, are required to keep the vehicle in safe running condition and make any repairs needed for the vehicle to continue to be safely driveable.
If you have collision coverage, you should report the accident to your insurance company for your damages. In fact, since it appears you damaged someone else's property (the wall), you need to report the accident to your insurance company regardless. Your insurance policy, which is a legal contract between you and your insurance company, requires you to report any accident in a timely manner. You should ALWAYS report the accident to your company no matter who was at fault. If you were not at fault and injured, you should also consult with a personal injury attorney in your area to go over your case before giving any statements to insurance companies. By waiting to report the accident, you always run the risk of your insurance company doing what is called “reserving its rights” later to disclaim or deny coverage because you violated the terms of your policy/contract.
Bottom line: report the accident immediately to your insurance company and let them handle this claim, as that is the reason you pay insurance premiums.
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