Do I have leverage against them to receive compensation? Has it been too long since the accident?
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Do I have leverage against them to receive compensation? Has it been too long since the accident?
I bought a car over 2 years ago from a dealership. A few weeks later, the lug studs started sheering in half. I originally thought that this started happening because a tire store had improperly remounted my wheels after doing a tire rotation and so I had them replace the lug studs. However, a year later, my wheel fell off on the freeway while traveling 55 mph due to the same issue. Fortunately, I was not hurt but I am unable to drive my car at high speeds without severe anxiety. I replaced the lug studs and then another broke 2 months ago. At this point, I took it to my usual tire mechanic and he said these wheels, that were originally mounted to the car when purchased from the dealership, were not meant for that vehicle and therefore caused the issue. I immediately bought new wheels and have not had an issue since then. Considering it’s been a year since the accident and 2 years since I purchased the car, I want to know if they are still liable and how they should compensate me. I spent 250 on new wheels and tires from a private seller, the TPMS need to be replaced and there is minor damage to the body of the car due to the wheel falling off. I still have the tires that came with the car.
Asked on September 8, 2019 under Accident Law, Utah
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
You are still within your state's three-year statute of limitations to sue for negligencre (carelessness) causing damage to personal (non-real estate) property, so you are in time to sue.
Since you suffered no injury, there is no compensation available for anxiety--you generally only get compenation for emotional distress accompanying injury, or if you were near someone who suffered serious injury, or if the attempt to harass or harm you was deliberate. You can recover for all costs (new wheels, mechanic, any towing, etc.) and possibly for lost wages (if you missed work due to this).
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