Legal Question in Consumer Law in South Carolina

auto repair

If a dealer uses the wrong parts on your car which causes you to breakdown on the side of the wrong for hours, can i sue for physical or emotional stress? had to get a massage on the fourth day after to help relieve the stress, had a headache for four days, had to rent a car and pay tow and other expenses....


Asked on 4/19/07, 5:45 pm

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: auto repair

Perhaps you are joking. You are entitled -- IF the repair was negligent or faulty -- to a repair and maybe the towing charge. A car breakdown is not a pot of gold because you needed a massage, a trip to Aruba, or whatever, several days after the incident.

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Answered on 4/19/07, 5:51 pm
Sheryl Schelin Law Office of Sheryl Schelin

Re: auto repair

Generally speaking, unless there's a significant breach of duty, this would probably best be approached as a contract claim, and in such cases, there are no emotional damages available. However, any out of pocket expenses (such as the car rental and towing) would be recoverable against the dealer. See an attorney for a full explanation of your options - you do have rights under SC law to expect the work you pay for to be performed in a workmanlike manner.

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Answered on 4/23/07, 2:14 pm


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