What can I do if apparently car dealership did not put lug nuts back on or did not tighten them and y tire flew off going 55 mph damaging my car as well as another?

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What can I do if apparently car dealership did not put lug nuts back on or did not tighten them and y tire flew off going 55 mph damaging my car as well as another?

Do I have a case? Should they be responsible?

Asked on March 23, 2015 under Accident Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, they should be responsible. When someone causes damage to another's property (such as either your car or the other driver's car) through negligence, or unreasonable carelessness, they are liable for the damage. Clearly, for a dealership to not put the lug nuts back on is unreasonably careless, so based on what you write, they should be liable, or financially resonsible. If they won't pay voluntarily, you'd have to sue them in court, but you appear to have a good case, if you can show their failure to re-attach the lug nuts.


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