What can I do if I just purchased used tires but my left front rim came off because the lug nuts were not tightened properly?

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What can I do if I just purchased used tires but my left front rim came off because the lug nuts were not tightened properly?

The tires were mounted and balanced and put onto my truck. When I left I paid cash and completely forgot to ask for a receipt. On the way home my front left rim came completely off at 75 mph.

Asked on January 18, 2014 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If you suffered damage due to the negligence, or carelessness, of the store or service center, they should  be liable, or financially responsible, for the damage--such as for any damge your truck suffered when the tire came off. Obviously, if they deny they did the work, it will be more difficult to prove in the absence of written proof or documentation, but that does not prevent you from suing them, if they won't pay--you would have to present your testimony that they did the work and therefore caused the rim to come off, and the court will evaluate who is more credible (you or them). Note that you can only recover actual damage or loss, so if, for example, there is no loss but for the loss of a rim or tire, it may not be economically worthwhile to sue.


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