bought 4 new tires-car on 6-5-09,on 6-8-09, one tire came off &d damage car and went to oncoming traffic on 465 hitting a car-can i collect for damage

based on the sales reciept, there were 33 miles on tires when tire came off during 7:30 am rush hour traffic, they have not offered a rental car or accepted liability, i was missing stud but this had not been an issue in the past. i have owned my car for 10 yrs and i only have liability insurance on it now. Can i get mental anguish-i can not stop thinking about the thought that i and/or other driver could be seriously injured or even dead from this incident. The police and tow truck driver confimed that the lug nuts were not torqued by the tire company. do I have winning case of neglect?

Asked on June 9, 2009 under Personal Injury, Indiana


M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The issue here is whether the tire company was negligent when they put your new tires on the car.  If both the police and the two truck driver provided statements/reports stating that the tires were not put on your car properly, this would tend to suggest (from an evidentiary perspective) that the tire company may have been negligent.  If you can establish negligence, the next issue will be what kind of damages you can recover.  Although you do not go into detail with respect to your injuries, obviously you could potentially recover for any injuries to yourself or your property that you received as result of the tire company's negligence.  Another issue that may concern you is whether you may be liable for injuries suffered by the other driver, which is another reason it will be important for you to establish that the negligent party was the tire company, not you.  For all of these reasons, I suggest you consult with and/or retain an experienced personal injury attorney at your earliest convenience in the interest of protecting your rights following this accident.

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