What can I do if I got into an accident less than 24 hours after purchasing tires that experienced belt tread separation and totalled my truck?

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What can I do if I got into an accident less than 24 hours after purchasing tires that experienced belt tread separation and totalled my truck?

The back passenger tire had a separation. The front passenger tire flew completely off and resulted in us crashing into the far left center divider on the freeway. Since the truck frame bent, it caused us to have to crawl out of the window to get out. CHP was called and a report was made. No other victims were involved.

Asked on November 1, 2017 under Accident Law, California

Answers:

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

Answered 3 years ago | Contributor

Prior to filing a lawsuit against both the tire manufacturer and the business that sold you the tires, it may be possible to settle the case with their insurance carriers.
Since you did not mention any injuries from the accident, I assume there weren't any and that your claim would be only property damage for the loss of your truck.
If the case is settled with both the insurance carriers for the tire manufacturer and tire seller, NO lawsuit is filed.
If you are dissatisfied with settlement offers from those insurance carriers for the loss of your truck, reject the settlement offers and file a lawsuit for negligence and strict liability.
Negligence on the part of the manufacturer is the failure to exercise due care to produce a product that is not defective.
Strict liability imposes liability whether or not due care was exercised.
The business that sold you the tires is liable even if it could not have known the tires were defective. Negligence on the part of the seller is the failure to exercise due care (that degree of care that a reasonable tire seller would have exercised under the same or similar circumstances to prevent foreseeable harm).  Strict liability again imposes liability whether or not due care was exercised.
If the case is settled with one, but not both parties, (manufacturer and seller) only name the party with whom the case has not settled as a defendant in your lawsuit.
Negligence and strict liability are separate causes of action (claims) in your lawsuit.
If the case is NOT settled, your lawsuit must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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