sculhane

Hi,

Here is my situation (sorry for the long story...): Last November, I bought a G37S (new from dealer) and since winter was approaching, I also bought a winter tire & wheel package and had them mounted on the car when I picked it up. Drove the car all winter without a problem. In April, I went to a mom & pop garage, gave the guy 20$ and he put on my summer tires in 10 minutes. I ran the car for a month without a problem until late May, when the right rear wheel ripped off the car as I made a left turn at about 25 mph (thank god I wasn't going faster!)

The cause, not contested by anyone, is that the lug nuts for the winter wheels are smaller than the lug nuts for the summer wheels, so the summer mag ripped "through" the nuts.

My beef with the dealer is that:
a) They didn't give me the summer lug nuts when I took posession of the car
b) They didn't warn me about the fact that the winter lug nuts would be unsafe to use with the summer tires. It wasn't that obvious since I ran the car for over a month without a problem

Total of the damage was around 2300$, see pictures below... I tried to solve this with Infiniti consumer affairs and with the dealer with no success. Of course, they claim that they gave me the nuts (they have no way to prove that they did + I have a witness that picked up the car with me that can testify that they didn't). They also claim (of course!) that the garage that changed my tires should have noticed the wrong nuts and therefore deny any responsibility.

So, unfortunately, I guess I'll have to take this to small claims to get my money back. Being unfamiliar with the court system in the US, I have a couple of basic questions:

1 - What are the odds of winning this case? How much does the fact that a mechanic installed my summer wheels hurt my chances?
2 - How does the collection process work if I win? What are my odds of seeing actual money come my way
3 - Are there any costs (other than the 20$ to file in small claims) if I lose?
4 - If I get a lawyer to represent me, can the lawyer fees be part of the claim?

Pictures:



Here you can see that the lug nuts are still attached




Thanks for your help...

Steve

Callaway

The dealership didn't do the summer tire install. I'm not understanding how they are responsible? I'm no lawyer, but it sounds like you would lose this case in court.

RIDEwithG

This sounds like a legal question...you should get a lawyer. None of us are able to advice on a situation like this unless one of us is a lawyer...and so...get a lawyer.

nogoodname

iTrader: (3)

ohh wow, that's just scary

the summer lugs are completely different than those, different shape

which dealership did u buy the G from? Spinelli?? Meridien??

Blackjack

iTrader: (3)

Damn!

nogoodname

iTrader: (3)

yea, lawyer fees can be part of the claim

Black Betty

iTrader: (60)

Your legal issue is not with Infiniti as they didn't make any mistake. The mechanic/shop who didn't install the correct lugs is clearly to blame. While I'm not a lawyer by any stretch, I have dealt with this exact same issue (not with my G but in my work). You have exactly 0% chance of recouping any damages from Infiniti. Ask your wheel installer why he didn't know the lug nuts were the wrong ones and refuse to put on the wheels until he had the correct ones. Either he a) is ignorant and didn't know that they wouldn't work or b) is apathetic and didn't care that your wheels would come off. I'd be willing to bet the answer is A as it's not likely he did this knowingly. It is his responsibility as a professional to not install them in an unsafe manner. If the lugs on them were wrong, he shouldn't have installed them until you brought him the correct ones. I'd recommend that you go to him and tell him that you expect him to pay for your damages and take it from there. You do have a legitimate claim against him and would have a very good chance to recoup damages in court.

G37RacerX

/\I agree, go after the installer. I would think that all 3 other wheels on the car may now be compromised. Definitely keep us posted!

TerribleONE453

scary stuff...

Graham

What about using your insurance policy to subrogate against Infiniti or the mom and pop shop for your costs. You'd be responsible for the ded. is all.

myk1013

iTrader: (2)

Hmmm, If the dealer did not give you the summer wheel lug nuts, then they should be to blame.

The shop guy who installed the wheels had no clue those were the wrong lugs. It'll be their fault if you did give them the correct size nuts but still used the smaller ones. You said that the car ran well for a month after, so it must've "fit" then.

Staples

iTrader: (9)

+ 2, There would be no case in this situation unless it was with the small shop.

maxipad96

iTrader: (3)

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.

GiGGaplease

holy crap, this thread brings back memories. my tuner lugs were loose for my ssr, good thing my friend saw that one of the lugs on one of my wheels were missing. i went and changed them out for my oem ones and all of my remaining lugs were loose as crap. i was on the highway a several times with very loose lug nuts. just think what might have happened. i probably wouldnt be sitting here typing...

speedracer g37

iTrader: (4)

you are not allowed to have a lawyer represent you in small claims court. your case is not with the mom and pop shop. they have no liability in this since you did not know yourself that the lugs nuts were smaller and hence, did not convey this information to them. your best bet is to sue the dealership. they should, at the minimum, have let you know the winter lug nuts were a smaller size. they are culpable for their negligence. you will need to bring your witness or a notarized statement stating that the dealership did not notify you of the difference in lug nut size, nor did they give you back your original lug nuts.

edit: whoever loses in small claims court cannot file for an appeal. if you win, you are entitle to your judgement. if the dealership does not pay, they or their agent can be held in contempt of court. believe me, you will be paid if you win.

second edit: are you in canada? are you filing in a canadian or u.s. court?