VIC Bought a new car from a dealership and 5 mins down the road, the wheel came off

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

ChrisS

Member
22 July 2019
4
0
1
I bought a new car and 5 mins after driving out the dealership, the wheel came off because they had forgotten to put any wheel lugs in the front wheel. The wheel went off, crossed a few lanes and came close to hitting someone. I had to break so the car behind me had to slam on their brakes. The wheel area is now damaged. Is there any legal claims I could make in this situation?
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,731
1,056
2,894
www.hutchinsonlegal.com.au
Yes, the dealer should be paying for all costs.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,935
820
2,894
Sydney

ChrisS

Member
22 July 2019
4
0
1
Went in today to have a discussion and they offered me significant compensation without having to mention any 'legal' implications. Just want me to sign an agreement to keep it off social media. I think both sides were happy in the end.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,935
820
2,894
Sydney
They fixed the car, and paid you some shut-up money?
Sure, take it, as long as it is cash money. And enough.

For the benefit of later readers (since y'all seem to understand already...)
- the repairs are an Australian Consumer Law obligation;
- any extra cash payments are ex gratia, not something that's available by right, and
- such payments come with a promise to keep silent.
 

ChrisS

Member
22 July 2019
4
0
1
Given they accepted the number we asked for immediately, we could have asked for more i think. The repairs were an expectation, anything above it was a bonus. But yes, it was hush money as they even said they didnt want anything to damage their reputation. Overall, i cant complain too much about the outcome.

I guess the take on this is that the dealerships are concerned about their reputation on social media. If a one off payment prevents them even losing 2 car sales, its a win for them.