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

Answers:

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.


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