What should I do if my breaks fail and it’s the truck dealer’s fault?

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What should I do if my breaks fail and it’s the truck dealer’s fault?

I purchased a truck and the breaks were bad. He told me to come back on Saturday to get them fixed and everything would be fine. That Saturday I was on my way to the dealer to get the breaks fixed when the breaks failed and on top of that it was on a wet road and my truck flipped. What should I do?

Asked on April 2, 2009 under Accident Law, Georgia

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

In most states, you ultimately have the responsibility to ensure your brakes are properly working before you take the car out to drive.  However, the dealership may also have a responsibility to ensure the product they sell is in good working condition.  Also, many states automatically require the dealership to have its own warranty for a certain amount of time on the vehicle. Did you purchase a used car, and as is? If so, you may be out of luck.  Check with your state banking department (dept of financial institutions) if they regulate retail sellers of motor vehicles.  Is it under a retail installment contract? 

In terms of what you should do, try consulting an attorney about your next steps.  Try attorneypages.com (after you contact your state's banking department) and look for a lawyer dealing in personal injury and contract law/motor vehicle law.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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