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Old 10-24-2019, 08:57 AM
 
Location: Tip of the Sphere. Just the tip.
4,540 posts, read 2,770,924 times
Reputation: 5277

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Clickbait. The particular law in question isn't applicable. It applies to services not performed... not services performed in an incompetent manner.

The mechanic/shop is still clearly at fault here... this case simply isn't subject to the particular law in question.

Having been a mechanic myself, the only time I ever pay a mechanic is for tire installations and the like. I *always* inspect their work- including lug nut torque- before I leave the shop. They *always* get something wrong, though usually it's minor. Wrong or incorrectly installed wheel weights, broken hubcaps, loose lug nuts, wrong valve stem length... I don't think I've ever paid for a tire installation that was totally correct.

Most of the time I either correct it myself or just live with it so long as the mistake is minor and no real damage is done. Sure, I shouldn't have to... but 'should' is a funny word. Incompetence is the state of the industry, and I don't expect that to change any time soon. People would do well to check their own damn lug nuts.
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Old 10-24-2019, 11:31 AM
 
11,230 posts, read 9,335,748 times
Reputation: 32258
So, can we get a moderator to change the title of the thread to something accurate, like

"Michigan court determines that failure to tighten lug nuts is negligence, not fraud"

????????
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Old 10-24-2019, 12:15 PM
 
Location: Brackenwood
9,985 posts, read 5,689,285 times
Reputation: 22138
Quote:
Originally Posted by scorpio516 View Post
Again, that's what the law has done for the last 45 years
If this is true, then IMO after reading the relevant portion of the statute and the stated purpose of the statute in its preamble, the courts are about 45 years overdue in reigning in its misapplication. It's obvious the "Prohibited Conduct" section cited by the plaintiff targets repair shops ripping people off through fraud and deception, not to repair shops' acts of ordinary negligence. The legislative history also indicates the law was modified in 2016 with those modifications going into effect in 2017, so maybe that has something to do with the court's break with past precedent.
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Old 10-24-2019, 08:08 PM
 
2,584 posts, read 1,873,424 times
Reputation: 2212
Originally Posted by Repatriot View Post
One shop I go to has you come back the day after getting new tires, oil change wheel rotations, etc. to re-tighten the lug nuts. Is this not a common practice, and is it not a recommendation?
Quote:
Originally Posted by Electrician4you View Post
Yes it’s a good idea to retorque lugnuts after driving a bit.
I guess what I meant was as this was the consensus as far as I knew, is it not what shops other than my local Costco actually do? Has anyone else been told to come back the next day?
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Old 10-25-2019, 07:32 AM
 
15,802 posts, read 20,526,504 times
Reputation: 20974
Quote:
Originally Posted by Repatriot View Post
I guess what I meant was as this was the consensus as far as I knew, is it not what shops other than my local Costco actually do? Has anyone else been told to come back the next day?
Actually yes. I go to a small mom-and-pop type shop for my tires and alignments and such, and they tell me to come back after a day or two and they will retorque my lug nuts.

I usually decline because I just do it myself, but that sort of service/care is why I go to that shop vs chains tire shops.
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Old 10-25-2019, 09:28 AM
 
Location: Metro Detroit Michigan
6,980 posts, read 5,427,027 times
Reputation: 6437
If they torqe them right in the first place no need to come back and have them checked again, when they put the wheels on at the assembly plant they dont make you come back and get them rechecked when you buy the vehicle from the dealer.
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Old 10-25-2019, 09:45 AM
 
949 posts, read 573,349 times
Reputation: 1490
What’s dumb to me is that this cost society money and wasted valuable time. Our legal system should have immediately sent this to the insurance companies to take care of themselves.
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Old 10-25-2019, 02:27 PM
 
Location: Metro Washington DC
15,436 posts, read 25,826,444 times
Reputation: 10458
Quote:
Originally Posted by easy62 View Post
If they torqe them right in the first place no need to come back and have them checked again, when they put the wheels on at the assembly plant they dont make you come back and get them rechecked when you buy the vehicle from the dealer.
Isn't that something the dealer is suppose to do when it is sold and they are prepping it for the customer? That's why they charge big fees, isn't it?
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Old 10-25-2019, 03:18 PM
 
Location: Metro Detroit Michigan
6,980 posts, read 5,427,027 times
Reputation: 6437
Quote:
Originally Posted by dkf747 View Post
Isn't that something the dealer is suppose to do when it is sold and they are prepping it for the customer? That's why they charge big fees, isn't it?
Why would they when the vehicle hasn’t been driven except to load at the factory and unload at the dealer not even a mile.
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Old 10-26-2019, 09:06 PM
 
19,966 posts, read 7,881,487 times
Reputation: 6556
Quote:
Originally Posted by dkf747 View Post
Isn't the problem here really about having to use an inapplicable law to get court costs paid. Why can't they get court costs paid without needing the MVSRA? They only used the MVSRA to get court costs paid. If they proved negligence, court cost should be part of it, shouldn't it?
I think that's the real problem putting side whether the MVSRA really only covers court costs for vehicle repair damages arising from deception and not negligence. You can't be made whole in court even if you win due to expensive legal fees and court costs and not to mention the length of the process.
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