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tire fell off


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#1 dlstoo

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Posted 14 November 2012 - 10:20 AM

My son had a flat fixed at the local tire shop and about 20 miles down the road the tire came off. Needless to say it damaged the car quite a bit. Luckily my son was slowing down to go through a small town when the incident occurred After contacting the tire shop about this, they told my son he would have to contact his insurance company and file a claim and it would go through them....seriously???!!
I wouldn't think that we would have to contact our insurance AT ALL. What would the next step be for us? I really don't think I should have to go through my insurance and have MY rates jacked up because of their negligence. He could of been killed!!

#2 adjusterjack

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Posted 14 November 2012 - 01:58 PM

My son had a flat fixed at the local tire shop and about 20 miles down the road the tire came off.


I think you mean that the wheel came off.

After contacting the tire shop about this, they told my son he would have to contact his insurance company and file a claim and it would go through them....seriously???!!
I wouldn't think that we would have to contact our insurance AT ALL.


Well, you wouldn't. Unless, of course, you want the car fixed right away. Because, apparently, it's going to be laid up for a long time while you pursue the tire company. But that's up to you.


What would the next step be for us?


Find out the name and address of the owner of the business and put him on written notice of the incident and that you expect him to make good on the damage or you'll sue him. Be prepared to follow through with the lawsuit if you don't get a favorable response.

I really don't think I should have to go through my insurance and have MY rates jacked up because of their negligence.


Again, if you want it fixed right away, use your insurance. If you can show that it was the tire company's fault, your rates aren't likely to go up and the insurance company will go after the tire company for reimbursement. Or, you can pursue the tire company and leave the car undriveable (if it's undriveable) for as long as that takes. If the car's still driveable, you have the luxury of time on your side.

He could of been killed!!


But he wasn't. And there's no money in "could of been."

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#3 pg1067

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Posted 14 November 2012 - 04:00 PM

I'm not sure what all this has to do with you.

If the repair shop won't voluntarily take care of the matter, your son has two choices: (1) go through his insurance; or (2) sue.

#4 dlstoo

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Posted 14 November 2012 - 05:19 PM

yes yes...it was the wheel not the tire :) What this has to do with me is that it was my car (covered under my insurance) and my son was just driving it. The coverage is only liability so i don't even know if the insurance will pay. What kind of attorney do i need? The tire shop is not saying they aren't responsible...they are just saying the ONLY way they will pay if my son gets a quote and (so far) no body shop will even give him a quote because of after market products. I think I am definitely going to hire an attorney on this, no he wasn't killed and we aren't asking for a new car...just fix the damaged one (it is derivable...but probably not safe on the hiway) but being stranded on the side of the hi way whie watching your wheel pass you and fly into oncoming traffic whilst trying to remain in control of the damaged car ought to be worth something.

#5 adjusterjack

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Posted 15 November 2012 - 07:09 AM

it was my car (covered under my insurance) and my son was just driving it. The coverage is only liability so i don't even know if the insurance will pay.


It won't. Liability only covers injury or damage that you cause to somebody else. Comprehensive (other than collision) coverage would have covered that kind of damage.

What kind of attorney do i need?


Any attorney that handles business law or products liability or negligence law can do this. But it might not be cost effective to hire a lawyer at $300 per hour. Depending on the cost of repairs you might want to consider small claims court without a lawyer.

The tire shop is not saying they aren't responsible...


That's good.

they are just saying the ONLY way they will pay if my son gets a quote


Seems reasonable. How else would they know how much?

and (so far) no body shop will even give him a quote because of after market products.


Keep looking. If you installed body parts like ground effects or pre-runner parts or something like that, you probably didn't do it in yourself, so go back to the place that did that work and they should be able to do the repairs. If you bought the vehicle that way, look for shops that specialize in building street rods or customizing vehicle bodies.

If you can describe the after market parts I might have other suggestions.

watching your wheel pass you and fly into oncoming traffic whilst trying to remain in control of the damaged car ought to be worth something.


No, it isn't.

You're only entitled to the cost of repairing the vehicle, plus the cost of a rental vehicle while it's in the shop.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#6 Guest_FindLaw_Amir_*

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Posted 15 November 2012 - 10:19 AM

If you feel the car shop was liable for the damage to the car, then your son may file a claim for damages. For further clarification, you may wish to consult with a local Lawyer to advise your son of his rights.




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