How to collect for damages to my car if a repair shop put atire onincorrectly andit came off whileI was driving in traffic?

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How to collect for damages to my car if a repair shop put atire onincorrectly andit came off whileI was driving in traffic?

On Monday I took my cart to a national chain auto repair store to get the breaks changed. I kept hearing a noise and vibrations from a tire being loose. I called the chain and they said they might not be able to see it that day. Later that day my tire came off in traffic damaging my custom 22″ rims, my rotors, my front bumper and who knows what else on the axel. I’m afraid that they are going to try to get out of taking responsibility.

Asked on April 7, 2011 under Accident Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

1) If you believe that they caused the damage, such as negligence or carelessness in how they did  the work on the car, they may be legally responsible. A person is liable for the damage he or she (or a business for the damage it) causes through negligence.

2) The only way to collect, if they won't pay voluntarily--other than by submitting a claim to your own insurance, assuming you have relevant coverage--would be to sue them. You'd have to be able to prove your case--i.e. present evidence that they caused the damage and that a reasonably careful auto repair shop would not have; also present evidence of the cost of the damages--and they'd have an opportunity to present any evidence in their own defense or attack your evidence. If you win, you would get a judgment that, if they don't pay, you may still be able to collect on, such as garnishing a bank account.


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