QUESTION

Can I legally force the first guy to fix these issues at no cost? Should I have another place do it and take the 1st to small claims court?

Asked on Sep 04th, 2012 on Business Law - Colorado
More details to this question:
Less than 2 months ago I was in a car accident. The car was towed to the mechanic we used for minor repairs. He told me what needed to be repaired and I paid him $1700 to fix it. Essentially the entire front axle and everything attached to it needed to be replaced. I was specific about the work I wanted done and I asked him no less than four times in four different ways if the car needed anything else done. He told me no every time. Last week, we noticed our new tires wearing unevenly and called him. He asked us to bring it in, but before we could, I nearly hit a tree when my drivers' side tire blew. We called again and he refused to do anything more than sell us a second set of tires for half price, but still charge us as usual for the rest. We went to a second shop (now we don't trust the first) who has told us that the first repair was done incorrectly and now we need $500 in additional repairs because the first didn't properly align the tires after telling us he did.
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1 ANSWER

Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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It is difficult to advise you. The "first guy" isn't liable unless he did something wrong. He didn't do anything wrong if the defects which later emerged could not have been detected with ordinary care. Moreover, there is no evidence that the "first guy" caused these defects, rather than their having arisen from the accident. There is only so much suing that one can do over $500. This is truly a small small claim. Perhaps you will just lick your wounds and move on?
Answered on Sep 05th, 2012 at 12:14 PM

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