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Do I need an attorney.

Asked almost 3 years ago - Washington, DC

I was driving along a highway and ran over a tire which had come off another car. The car was on the side of the street with the driver. The tow trucks instructed us that this would be considered an accident. She did not give me any information other than her work. I contacted her and she said she was told by her legal advisor that it was a misfortune and she is not responsible for any damage to my car. I not only had to purchase a tire, but I missed a day from work. Can you please assist me and thank you in advance.

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Attorney answers (1)

David C. Garner

Reputation Level 15

Answered almost 3 years ago. Employment / Labor Attorney in Gridley, CA.

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I am not licensed to practice in DC, so this is advice based on general principles of law.

If the other driver was negligent (and for the sake of argument we will assume they were) then they would be liable for the damage that negligence caused. I can not tell from you facts if it damaged only your tire or also did other damage to your car.

If it was your tire only, I would forget about it. You won't be able to recover for your time off to fix your car and thus it is not worth it. If the damage was more significant, claim it with your insurance company. They will then subrogate and go after the other driver.

Either way, if you were not injured you probably do not need a lawyer.

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