Lost a wheel - Need legal advice

Thread Tools
 
Search this Thread
 
Old 07-01-2008, 12:05 AM
  #16  
Black Betty
Lexus Defector
iTrader: (60)
 
Black Betty's Avatar
 
Join Date: Sep 2007
Posts: 21,148
Received 2,087 Likes on 1,267 Posts
Originally Posted by maxipad96
I think you've got a case with infiniti. As long as you have a lawyer. Go to the doctor immediately and claim soft tissue damage. This will get their attention and most like will settle out of court. Especially since they didn't provide the proper lug nuts.
Wow. Defraud insurance companies much? You do realize that claiming nonexistant injuries to make fraudulent insurance claims is a felony don't you?

The technician who installed the wheels is (or should be) a professional whose job it is to know that those lugs would not work properly with those wheels. My company had a rear tandem form a trailer come loose recently while it was being pulled. They weigh over 1000 lbs and could easily kill someone if it struck another vehicle at 65 MPH. We didn't sue Alcoa who made the wheels or Bridgestone who made the tires. We fired our stupid moronic mechanic who installed them using wheel studs that were too short. That's whose fault it is.

Follow Graham's advice and let your insurance company take care of it and subrogate against whoever they see fit. I guarantee you it won't be Infiniti. You will only pay a deductible.
Old 07-01-2008, 07:28 AM
  #17  
IP37
Registered User
 
IP37's Avatar
 
Join Date: Sep 2005
Location: Augusta, GA
Posts: 1,664
Likes: 0
Received 0 Likes on 0 Posts
so where the hell did the lugnuts in the picture come from? they sure aren't the ones that came on the car.

edit.. ah ok, so i guess those are the summer lugs?

any shop that would put those on the oem wheels is stupid

Last edited by IP37; 07-01-2008 at 07:32 AM.
Old 07-01-2008, 09:25 AM
  #18  
nogoodname
Banned
iTrader: (3)
 
nogoodname's Avatar
 
Join Date: Aug 2007
Location: Montreal
Posts: 6,437
Likes: 0
Received 0 Likes on 0 Posts
lP37, those r the winter lugs on there
Old 07-01-2008, 09:30 AM
  #19  
maxipad96
Registered User
iTrader: (3)
 
maxipad96's Avatar
 
Join Date: Apr 2005
Location: Atlanta
Posts: 644
Likes: 0
Received 0 Likes on 0 Posts
If you have soft tissue damage or injury you are entitled representation. I would pursue it from that angle as well as physical damage to your automobile.
Old 07-01-2008, 09:34 AM
  #20  
nogoodname
Banned
iTrader: (3)
 
nogoodname's Avatar
 
Join Date: Aug 2007
Location: Montreal
Posts: 6,437
Likes: 0
Received 0 Likes on 0 Posts
maxi, thats a horrible angle.....lol
Old 07-01-2008, 09:55 AM
  #21  
maxipad96
Registered User
iTrader: (3)
 
maxipad96's Avatar
 
Join Date: Apr 2005
Location: Atlanta
Posts: 644
Likes: 0
Received 0 Likes on 0 Posts
Originally Posted by Black Betty
Wow. Defraud insurance companies much? You do realize that claiming nonexistant injuries to make fraudulent insurance claims is a felony don't you?

The technician who installed the wheels is (or should be) a professional whose job it is to know that those lugs would not work properly with those wheels. My company had a rear tandem form a trailer come loose recently while it was being pulled. They weigh over 1000 lbs and could easily kill someone if it struck another vehicle at 65 MPH. We didn't sue Alcoa who made the wheels or Bridgestone who made the tires. We fired our stupid moronic mechanic who installed them using wheel studs that were too short. That's whose fault it is.

Follow Graham's advice and let your insurance company take care of it and subrogate against whoever they see fit. I guarantee you it won't be Infiniti. You will only pay a deductible.

I've never done it, but it's always safe to go ahead and go to the doctor. Just in case you start feeling sore. Sometimes injuries pop up weeks beyond the initial accident. In his case I'm not talking about him filing a claim against any insurance company. Just extra ammo to get what he wants out of Infiniti, which is having them pay for damages after being neglegent and not giving him the correct lug nuts. A means to an end.

I had someone do this exact thing to me actually when I was 16 and first got my license. They got a nice chunk of change for a "soft tissue" damage claim. My rates skyrocketed which really pissed me off.
Old 07-01-2008, 12:53 PM
  #22  
UNV-IT46
Registered User
iTrader: (3)
 
UNV-IT46's Avatar
 
Join Date: Sep 2007
Location: SoFlo
Posts: 3,985
Likes: 0
Received 3 Likes on 3 Posts
wow that sucks
Old 07-01-2008, 08:51 PM
  #23  
sculhane
Registered User
Thread Starter
 
sculhane's Avatar
 
Join Date: Jan 2008
Location: Montreal
Posts: 17
Likes: 0
Received 0 Likes on 0 Posts
Thanks for all your replies...

Just to be clear, the nuts you see in the picture are the winter tire nuts. Here is a pic of the winter tire showing the regular summer nuts that come with the car won't fit. So the dealer had to install a different set of nuts to put the winter tires on.



I am in Canada, but bought the car in the US so I would be suing in the US. I cannot go after the mom & pop shop since I have no invoice, the guy just did it as a service and morally, I wouldn't sue him anyway.

If the Infiniti dealer would have given me the nuts that I paid for with the car, none of this would have happened, which is why I think they are the "most" responsible in this case...

Steve
Old 07-01-2008, 10:45 PM
  #24  
Black Betty
Lexus Defector
iTrader: (60)
 
Black Betty's Avatar
 
Join Date: Sep 2007
Posts: 21,148
Received 2,087 Likes on 1,267 Posts
Good luck Steve. I can tell you from experience though that you are wasting your time and money though if you try to recover anything from Infiniti. Whatever your "morals" tell you about mom and pop's innocence in this case, they are the only ones you have any recourse whatsoever against here. If you got it done under the table on the cheap for cash and didn't get a receipt, you are screwed. Sorry.

Are you not filing an insurance claim to recover your losses? If so, you're not entitled to any additional compensation. The insurance company will try to recoup their loss if there is negligence that can be proven, it's not your worry so long as they pay for your damages.

Go ahead and ask an attorney and post what they tell you here. I may be wrong, but I'll be shocked if they tell you that you have a case against Infiniti that they will take on.
Old 07-01-2008, 10:59 PM
  #25  
DiamondGCoupe
Administrator
iTrader: (4)
 
DiamondGCoupe's Avatar
 
Join Date: Sep 2004
Location: FL CA TX
Posts: 5,272
Received 20 Likes on 13 Posts
Your morals? Just because Nissan/Infiniti is a large corporation and not a mom and pop shop doesn't make it morally "ok" to sue! You sue who is at fault, not who you want. It's a damn good thing the law will not rule in your favor and I sincerely hope you write it off before you end up loosing more than you are already out. Pay your deductible and move on with life. If not, good luck PROVING Nissan is in any way liable especially since you have already acknowledged to them the details of your claim.
Old 07-01-2008, 11:29 PM
  #26  
Keng
Registered User
 
Keng's Avatar
 
Join Date: Oct 2007
Posts: 1,504
Likes: 0
Received 0 Likes on 0 Posts
Owner's Manual: 6-6 In case of emergency

"Incorrect wheel nuts or improperly tightened wheel nuts can cause the wheel to become loose or come off. This could cause an accident."
Old 07-01-2008, 11:47 PM
  #27  
speedracer g37
Registered Member
iTrader: (4)
 
speedracer g37's Avatar
 
Join Date: Feb 2006
Location: baltimore
Posts: 1,925
Received 27 Likes on 18 Posts
steve,

if you need any suggestions, please ask. graduated law school last year and passed my bar exam. i noted the basics in my previous post. i would say that you have a decent chance of getting a judgement.
Old 07-01-2008, 11:57 PM
  #28  
speedracer g37
Registered Member
iTrader: (4)
 
speedracer g37's Avatar
 
Join Date: Feb 2006
Location: baltimore
Posts: 1,925
Received 27 Likes on 18 Posts
Originally Posted by DiamondGCoupe
Your morals? Just because Nissan/Infiniti is a large corporation and not a mom and pop shop doesn't make it morally "ok" to sue! You sue who is at fault, not who you want. It's a damn good thing the law will not rule in your favor and I sincerely hope you write it off before you end up loosing more than you are already out. Pay your deductible and move on with life. If not, good luck PROVING Nissan is in any way liable especially since you have already acknowledged to them the details of your claim.

Originally Posted by Black Betty
Good luck Steve. I can tell you from experience though that you are wasting your time and money though if you try to recover anything from Infiniti
i don't think he said anywhere that he is suing infiniti. he said he was suing the dealership that should have given him back the original lug nuts. the mom and pop shop worked only with what they were given. it is not up to them to figure out that these were not the stock lug nuts.

furthermore, it doesn't cost him anything more than the filing fee to sue in small claims court. if he can prove the dealership never gave him back the stock lug nuts, they can be held liable for the damages that were done as a result. there are no lawyers or counsel in small claims court. i would assume it would be him against the service manager.
Old 07-02-2008, 12:59 AM
  #29  
MaxToTheG37
Super Moderator w/ Boost
iTrader: (3)
 
MaxToTheG37's Avatar
 
Join Date: Dec 2007
Location: Knoxville TN
Posts: 7,042
Likes: 0
Received 4 Likes on 3 Posts
Sue Infiniti... they are to blame for not giving you the lugnuts you paid for...

I cant believe all these other guys cant see this... wow...

He wasnt giving summer lugs... he was givin winter lugs from infiniti and they broke... lugs are not suppose to break... you guys saying the infiniti dealership isnt at fault need to get a clue...Im shocked...
Old 07-02-2008, 01:02 AM
  #30  
Keng
Registered User
 
Keng's Avatar
 
Join Date: Oct 2007
Posts: 1,504
Likes: 0
Received 0 Likes on 0 Posts
Er he was given the Winter Tire + Winter Lug Nut which works perfectly. It's when he put on Summer Tire + Winter Lug Nut that has the problem. This case is almost the same as that stupid women who sued McDonald because she got burned by the hot coffee.


Quick Reply: Lost a wheel - Need legal advice



All times are GMT -4. The time now is 02:58 AM.