What to do if I had my 2 front tires replaced but they were not tightened properly?

UPDATED: Apr 1, 2013

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What to do if I had my 2 front tires replaced but they were not tightened properly?

There had been a noticeble difference in the way my car was driving (i.e. shaking of the steering wheel, rattling noise). I was leaving my house a few days later to take my car back to have my 2 back tires changed as well, when all of a sudden, my front driver tire rolled right off. I was near my neighborhood auto mechaninc when he then informed me that whoever replaced my tires did not tighten lug nuts and screws, ect. I wasn’t hurt, but realized that I could of been. Can the auto shop be held liable for anything? Can I at least be refunded for the tires and replacement?

Asked on April 1, 2013 under Accident Law, Virginia


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

Answered 9 years ago | Contributor

You can sue the auto shop for negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable auto shop would have exercised under the same or similar circumstances to prevent foreseeable harm). 

Your damages (monetary compensation you are seeking in your lawsuit for negligence would be the cost of repairs to your car if your car was damaged as a result of the tire falling off.  Your damages would also include the cost of replacing the tire that fell off.  You may be able to file your lawsuit for negligence in Small Claims Court.  Your damages should also include court costs such as the court filing fee and process server fee. 

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