Legal Question in Personal Injury in California

I took my car to the mechanic a week ago to fix the rear bearing in San Diego, Ca. Thinking my car was now in good shape, I had planned on driving to MI. Last night mid-trip in Nebraska as I was driving, the car made a very loud noise and was shaking uncontrollably. The same bearing that was fixed by the mechanic popped out of place due to not tightening up the axle bolt. Scared for my life and in the middle of the highway suddenly my tire popped off, and I was right next to a 16 wheeler. He slowed down to a halt because he could see the danger I was in and did not want to hit me. I could not move the car, and I had to call a tow truck in the middle of nowhere at 5 AM. My car is now at the mechanic who has explained to me that the direct cause of this problem is because of the loose bolts. I now am stuck in a motel in the middle of Nebraska, and am being charged an excessive amount due to the urgency of my situation (Shipping parts overnight).

Please let my know what you think I should do. Thank you.


Asked on 8/19/10, 12:21 am

1 Answer from Attorneys

Although not a small amount of money to you, I'm sure, it sounds like this is a small claims case. If you are coming back to California, file a small claims action against the shop when you get back. Unfortunately no one can represent you in small claims, not even a non-lawyer friend, or maybe especially a non-lawyer friend. In any case, you must make the court apperance yourself. So if you were not planning on coming back to CA, you need to weigh whether the amount you are entitled to is worth the trouble of pursuing a small claims action in California.

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Answered on 8/24/10, 10:14 am


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