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

Asked almost 2 years ago - 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. Gregory Howard Wiley

    Contributor Level 16

    1

    Lawyer agrees

    2

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

  2. L. Maxwell Taylor

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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. Bret A. Schnitzer

    Contributor Level 16

    1

    Lawyer agrees

    Answered . 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.... more
  4. Raphael Samuel Moore

    Contributor Level 16

    Answered . 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-... more

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