I got a tire and rim replaced on the back right passenger side, for 60$ Friday afternoon around 4pm. 8 pm Friday left from Lubbock tx to Houston tx for the weekend for the transfer for my job, on the drive back to Lubbock Sunday afternoon on i45 rd, the car spent out control to on coming traffic toward the passenger. Unfortunately the tire flu off the car in the air while we were spending out of control no one was hurt but 3 bolts came off the tire and the other 2 bolts are striped and that's just the start, the roadside assistance for our insurance couldn't find out information so we have to pay for a towing company due to it being Sunday and couldn't get in tough with the insurance company. So had to get it towed to the nearest tire company to see if it's fixable but as of now looking at a estimate being the lowest about 4 to 500$. Not only that I'm missing work having to call in Monday morning to see if this problem can be fixed. also have a 9 yr that was in the car as will as 2 pregnant women and myself that was traumatized by this matter for lack of service
Fortunately no one was hurt. Lawsuits are based on compensating for what was lost. You may have some economic loss but without an injury you have not suffered any non-economic loss. Also, seriously, you are in Texas, a Republican state and you want money for pain and suffering?? Do you really think your fellow citizens would have an empathy for your situation?
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I think that the company that put on your tire and rim probably didn't tighten up your lug nuts properly and caused the problems that you are facing. But without physical injury to your body, a lawyer could not handle this on a contingency basis. Looks like a small claims court case to me. You could pay a lawyer for a letter and see if that works.
Was my answer "HELPFUL" and/or a "BEST ANSWER?" I appreciate you for noting same. Thank you. The information contained herein is not to be construed as legal advice. The questioner should seek independent legal advice from a qualified attorney after establishing a proper business relationship. Forrest Welmaker is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. No attorney fees unless a recovery is made. Doctor referrals are usually available.
If the expert/mechanic causally connects the incident to improper installation, the original garage will be liable for all damages. Beside the property damage you could be entitled to the injuries from the resulting "trauma." However, all damages must be proven. Did you seek psychological help as a result of the trauma? Insurance companies believe that people who are injured seek treatment, people who do not seek treatment are not injured.
You say above "no one was hurt ". If, in fact, no one was hurt and no medical treatment was sought, there is little point in suing for "trauma".
This does not sound like tire company negligence, but rather negligence on behalf of the auto service company which installed the tire and apparently did not secure the tire lug nuts sufficiently (at least that is what it sounds like, however, you talked about bolts). File your claim with the general liability insurance carrier for the tire service center. If it was actually bolts which failed on your wheels, then it may be questionable as to whether or not the service center has liability here.
Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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