Lost a wheel - Need legal advice

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Old 07-02-2008, 09:06 AM
  #31  
nogoodname
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sue the dealership, they should of explained that the winter lugs are only for the winter rims and the summer ones are only for summer rims.
Old 07-02-2008, 11:58 AM
  #32  
Black Betty
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Originally Posted by speedracer g37
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.
I should have paid closer attention, it clearly does say he wants to pursue action against the dealer and not Infiniti. My bad.

Legal Eagle, is the service manager liable for his damages for having forgotten to provide him with the lugs? Does he have to prove negligence on their part? Is forgetting to give him the lugs negligence? Is it willful negligence? How could he prove that the dealership didn't give them to him if they deny it? Mom and pop bear no responsibility in this to recognize that those lugs didn't fit with those wheels when isntalling?
Old 07-02-2008, 04:54 PM
  #33  
DiamondGCoupe
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I don't live up North so I don't know the answer to this but since when is the dealer supposed to give you a different set of lugs for each season? You get what's on the car they don't owe you anything.

Dealer/Infiniti, interchangeable in my post. In any case like I said before, write it off and move on!
Old 07-02-2008, 10:21 PM
  #34  
sculhane
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Originally Posted by DiamondGCoupe
I don't live up North so I don't know the answer to this but since when is the dealer supposed to give you a different set of lugs for each season? You get what's on the car they don't owe you anything.

Dealer/Infiniti, interchangeable in my post. In any case like I said before, write it off and move on!
Sorry if it wasn't clear... My point is the dealer did not give the original OEM lug nuts that came with the car (with the OEM summer tires). I bought a winter tire and wheel package which they had installed when I picked up the car, the OEM summer tires and wheels were IN the trunk, but not the lug nuts I needed to install them.

Speedracer, I may get in touch after vacation at the end of July, thanks for your help...

Steve
Old 07-02-2008, 10:28 PM
  #35  
nogoodname
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good luck with ur case, let us know what happens after
Old 07-02-2008, 10:43 PM
  #36  
speedracer g37
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Originally Posted by Black Betty
Legal is the service manager liable for his damages for having forgotten to provide him with the lugs? Does he have to prove negligence on their part? Is forgetting to give him the lugs negligence? Is it willful negligence? How could he prove that the dealership didn't give them to him if they deny it? Mom and pop bear no responsibility in this to recognize that those lugs didn't fit with those wheels when isntalling?
hmmm. the service manager can be considered liable, but he is better off suing the dealership. he does have to prove negligence on the part of the dealership and their standards and practices pertaining to customer safety as a result of their work. as for the rest of the questions, it would be great to know if (1) the winter lug nuts were in a package contained in whatever box the wheels and tires came in, (2) the o.p. supplied them to the service department because he knew they originals would not fit, (3) the dealer had to supply them because they figured out the original lug nuts would not fit.
Old 07-02-2008, 10:49 PM
  #37  
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Like I said before.
Go after the DEALER who did not give you the summer lug nuts.
Old 07-09-2008, 02:16 AM
  #38  
Skyline-LEXY
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this might be noob question but whats the difference btw summer and winter lug nut? can you please provide detail number difference with size. thanks

JY
Old 07-16-2008, 09:35 PM
  #39  
sharif@forged
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Those look like skinny tuner lugs. Is that really something that Inifiniti gave you?

Oh, and it would be a dereliction of duty if I didnt tell you to sue, get the $2300+damages and buy a set of these babes.

Last edited by sharif@forged; 07-16-2008 at 09:41 PM.
Old 07-18-2008, 12:28 AM
  #40  
1BADV6
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Questions:

-why didn't you take it to the dealership when you wanted to switch sets?
-why didn't you get a receipt for work performed?
-why don't you take this up with your insurance company and let them battle it out? You pay a monthly premium for a reason.
-why did someone bring up the lady suing McDonalds for spilling hot coffee? She won!

That's all I have for now....
Old 07-18-2008, 01:21 AM
  #41  
TomG37
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If infiniti installed the summer tires then you would have a case, this is the other tire shops fault.
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