What can I do if I took my car for a tire rotation to the dealer but they did not tighten the lug nuts correctly and the tire came off as I was driving?

I had my wife and kid in the car and it was a scary experience. This is pure negligence. What kind of legal action can I take against them?

Asked on September 25, 2015 under Accident Law, North Carolina


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Prior to filing a lawsuit, it may be possible to settle the case with the dealer's insurance carrier.
If the car was damaged, you would have a claim for property damage cost of repairs to the vehicle.  If any of the occupants of your car was injured, each would have a separate personal injury claim.
If the case is settled with the dealer's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the dealer's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the dealer.
If no one was injured and there wasn't any damage to the car, you don't have any case.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.