Question for an Attorney about a Mechanics error?

We had taken our car to Wal-Mart to have our oil changed. Our car requires an Air dam underneath the car to be removed before the oil can be changed. The following day my wife was coming home and the air dam had come loose from the car and damaged it to a point to where it couldn't be properly re installed. We took the car back to Wal-Mart and they agreed that the mechanic had left the bolts loose, which caused the air dam to come off. They required us to go to Goodyear and get an estimate to repair the damaged Air dam. The rapair cost was $495.00, and Wal-Mart said since it's over $250.00 that they would have to turn it over to the insurance company. The insurance company called this morning saying that they have denied our claim and they felt like the bolts had come loose from normal wear and tear from having to remove the air dam everytime we had our oil change, and that vibration had caused them to come loose. Any chance I have a case here, and what should I do?

I have since found out that the insuance company is Wal-Mart and that they are self insured. I'm really confused now. Wal-Mart took responcibility of doing the damage, But yet Wal-Mart doesn't want to pay.

File suit in small claims. This is typical liability insurance carrier BS. They removed it, they put it back, it fell off. Slam dunk.

They hope that you'll just let it go. I'd almost guarantee that once you actually file the suit, they'll pay it and not even go to court. If you just say "I'm going to sue!" they'll ignore it - 90% of people who threaten to sue never do.

Ignore the post by the person who claims to be a retired attorney about suing for "mental anguish" - no such recovery is possible in a simple property damage case. In addition, it's unlikely that a court would order the payment of attorney's fees in a $500 case that should have been handled in small claims court without a lawyer anyway. The court filing fees, though, are recoverable.

Also ignore the guy who says you'll get a new car out of it. You'll get your repair costs plus the filing fees. If you have to rent a car while yours is fixed, you can try for that too. You won't get anything else. This is a simple case of a mechanic making a mistake. You're entitled to be "made whole". To be entitled to any sort of punitive damages you'd need to show an "intentional tort" - that the WalMart mechanic MEANT to damage your car - and that's just not going to happen.

Richard

Inform Wal-Mart that you are going to retain an Attorney who will sue them for your Out of Pocket expenses, mental anguish, your Attorney fees, and your Court costs - which will cost them much, much more than if they would have paid the $495.00 to have it repaired in the beginning!

Go file a lawsuit. Wal Mart will be glad to settle out of court to avoid bad media over it. They will at least get you a new car and pay attorney fees in the matter. I am extremely jealous of you........I have been waiting for years, for ANYTHING to sue Wal Mart for, and its you that has the chance to zing them and not me! You better do something about this.

If they agreed that they left the bolts loose, then you absolutely have a case. Ultimatley you would have to prove that they said it. If you can, take them to small claims court. You might want to subpeoa the manager of the store to testify on your behalf.

Keep all receipts and associated paperwork. Contact either an attorney or your city/county court clerk, and file a small-claims suit. Sometimes just the threat of suit will be enough to get the problem taken care of, but you must speak to high-level management. Once they understand you are serious, and in the right, Wal Mart is pretty good about making things right. Best of luck, don't give up!