Skip to main content

Tire fell off while driving on the highway hours after tire rotation would I have to sue for negligence or breach of contract?

Norfolk, VA |

I recently went to a tire shop to have an oil change before I went out of town. When I went to get the oil change I was offered a free tire rotation and after having my tires rotated it was recommended that I purchase two new tires. After I purchased the new tire and was on the road two hours later one of my tires fall off causing damage to my vehicle. Luckily me or no one else was hurt. Would I have to sue the company for negligence, breach of contract, or something else.

Attorney Answers 4


  1. This is probably negligence but you need to go find a local attorney.


  2. Those tire repair places carry liability insurance so that in the event their negligence causes damages, the policy responds. I would think what you would need to do in the first instance is, not sue them, but report the damage to them. I.e., tell them their negligence caused your damage, in which case they will probably tender the claim to their insurer, who will contact you to find out what happened. Alternatively, you can report the incident to your own insurer, who may be in a position to make you whole first (depending upon what the policy says), and to pursue a subrogation claim against the tire shop thereafter, to make the insurer whole for the money it pays to you.

    Not legal advice as I don't practice law in Virginia. It's just my two cents on the facts you present in light of general principles and practices respecting the law. If you need legal advice, please consult a lawyer who holds Virginia licensure. That's not me.


  3. That sounds both in Tort and Contract. I would hire an attorney and sue both in contract and tort. They might settle with a letter first have you tried that. Get an estimate for the damage to your vehicle and enclose it with the letter. Were you hurt in this accident or is it just property damage? I am unclear from your facts.

    You should consult an attorney in your State at once. Visit our webpage and tell us what you think. www.schnitzerlaw.net


  4. Sounds like acionable. Find an attorney to help you out. God luck.

    Our replies to Avvo questions should not be considered specific legal advice to any individual, and no attorney-client relationship is formed with you. Our aim is to provide general principles that may be useful to the Avvo community as a whole. You should seek individual legal advice pertaining to your specific factual situation, and the laws applicable to your jurisdiction. Moore & Moore Attorneys at Law -- thelaw@mytrustedlawyer.com

Lawsuits and disputes topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics