I'm a fucking wreck, need urgent advice.

[Jaychrome91]

I need urgent advice. I had new tires and rims put on my 2011 Ford edge Monday. I had the new tires and rims mounted and balanced and I had an alignment done. The car drove like shit, the AT tires were super load like sirens and had some moderate vibration. Told tire shop I would be back in the morning to fix the problem. Skip to Tuesday night coming home from work around 7:30pm and I'm on I95 south in broward going 60mph and my lug nuts fly off my left front wheel and my tire comes off. I could have fucking died tonight, scariest experience of my fucking life. I'm still in shock. State trooper In Florida told me they can't file a police report unless I'm injured. It's a civil matter in small claims court. I broke down crying in front of an ex coworker I hadn't seen in 7 months who was there for me when I called them. Sorry I'm high and drunk, I'm fucking emotional. Is the tire shop liable for the horrible job they did on making sure my wheels and tires were properly balanced and my lug nuts were tight and secured? My auntie thinks I should sue, and not directly talk to the tire company to fix my car? Should I call the tire company In the morning about fixing my car and should I still sue them?

 

[PeakPointMatrix]

While I have no idea what you should do legally, just wanted to say glad that you're alive and survived that- the most important thing here. But also yeah, I would be furious with the the tire shop for doing a shoddy job. I'm curious what others say on this matter too. Good luck to you.

 

[krae_man]

I think it's highly unlikely the tire shop will pay for full repairs unless forced to by an insurance company/lawyer/court

You probably need to delete your post. "I knew something was wrong and I drove 60mph on them anyway" is something someone may try to hold that against you.

You probably shouldn't have driven on the tires except very slowly back to the tire shop.

 

[brawndolicious]

From what you've said, it seems the most likely the issue is that they didn't torque the lug nuts down enough.

On my opinion, this sounds like something you should first talk to your insurance company about as they'll send you to an authorized shop to inspect/repair any damage to the vehicle and probably sue the tire shop for the cost if it does turn out to be their fault.

After, you can sit down with a lawyer and go over what case you have for the emotional distress.

To be clear, no one knows the reason yet why everything went to shit. Just talk to insurance first to get your car sorted out and see what the cause of the wheel failure was.

 

[inner-G]

If you have any soreness from the impact of the wheel falling off while driving, go get checked out, having something written down could help you if you choose to sue.

 

[Badgerst]

What does the warranty on the tire receipt say?
Note the police incident report (hope you got)
Go to tire shop and demand they replace/repair. If refuse, sue. Prepare for long wait.
Don't drive drunk or high. (I assume was post incident.)

 

[Jaychrome91]

What does the warranty on the tire receipt say?
Note the police incident report (hope you got)
Go to tire shop and demand they replace/repair. If refuse, sue. Prepare for long wait.
Don't drive drunk or high. (I assume was post incident.)

Click to shrink...

What does the warranty on the tire receipt say?
Note the police incident report (hope you got)
Go to tire shop and demand they replace/repair. If refuse, sue. Prepare for long wait.
Don't drive drunk or high. (I assume was post incident.)

Click to shrink...

I couldn't get a police report since I wasn't injured. I got a Incident report from the state trooper saying I was going 60mph and my lug nuts and tire fell off. Do I have a case here?

 

[Jaychrome91]

To be clear, I didn't drink or get high till i got home from the accident. Having your tire fly off at 60mph is terrifying.

 

[Stooge]

OP delete or clarify that you are high/drunk due to the trauma and not while driving.

Also call you insurance. They have a legal team on your side. Sounds like the nuts weren't tightened enough at the shop.

 

[molnizzle]

IANAL but you should talk to one first before you talk to anyone else. Like tomorrow morning first thing.

 

[Badgerst]

I couldn't get a police report since I wasn't injured. I got a Incident report from the state trooper saying I was going 60mph and my lug nuts and tire fell off. Do I have a case here?

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Probably, did you go back a second time to get fixed? What dies the receipt say ref warranty/workmanship.
If you weren't injured what do want to sue for? what will "make you whole"
Ask your insurance and possible lawyer and go from there.

 

[Jaychrome91]

I couldn't get a police report since I wasn't injured. Cop told me it's a civil matter In Small claims court. I got a Incident report from the state trooper saying I was going the speed limit and my left tire and lug nuts fell off. Do I have a case here?

Click to shrink...

 

[krae_man]

I couldn't get a police report since I wasn't injured. I got a Incident report from the state trooper saying I was going 60mph and my lug nuts and tire fell off. Do I have a case here?

Click to shrink...

If the incident report mentions you knew something is off, it's possible you are held partially responsible for driving on it anyway, especially going 60. You should probably delete your posts mentioning what happened.

In the future if your car feels unsafe, don't drive it fast or ideally at all. Take away the who is liable part, don't risk your life like that.

 

[MTR]

The tire issues is important but I just want to say look after yourself. You had a a near death experience and are under stress. Use your support network and speak to a someone (counsellor or psychologist) to tease out the emotional component of what you experienced. Try to avoid numbing things with drugs and alcohol. I'm glad to hear you are physically ok.

 

[Vex]

You probably shouldn't have driven on the tires except very slowly back to the tire shop.

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This. The fact that you didn't turn right back around and mention something was wrong will make things harder for you down the line.

The shop is clearly in the wrong here, but I'm wondering how it can be proved that there was negligence on the shop's behalf? How is stuff like this even winnable in court?

That's fucked , OP. But you made it out alive. Like others have said, speak to a professional on this.

 

[Jaychrome91]

Okay, Never mind on deleting your post about driving 60.

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I was driving the speed limit.

 

[White Glint]

Don't tire shops always say to tighten the lug nuts yourself after a short drive? Not that they should go flying off right away if you don't but that's what tire shops do here.

 

[krae_man]

I was driving the speed limit.

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The fact that you were sober and obeyed all traffic laws and posted speed limits is better than having not done those things. But you said you knew something was off and drove 60 on them anyway. It is absolutely possible that you are found at fault partially, or entirely. Not a lawyer btw, but I think what I am saying is entirely a possibly outcome.

Again. Delete your posts, request mods remove posts quoting you and whatnot if the people here don't edit their posts at your request.

 

[Tbro777]

I think if I was in this situation, first I would talk to the tire shop, explain what happened. See if they do the right thing and repair your car. If they don't, then file a claim with your insurance company, explain what happened hopefully they go after the tire shop.

 

[Lowrys]

This. The fact that you didn't turn right back around and mention something was wrong will make things harder for you down the line.

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I'm not a US lawyer but though this might be a contributory factor, unless OP knew or suspected something was genuinely wrong, I think they're entitled to rely on the expertise of the garage and use the car for its intended purpose.

 

[Aiii]

The fact that you were sober and obeyed all traffic laws and posted speed limits is better than having not done those things. But you said you knew something was off and drove 60 on them anyway.

Again. Delete your posts, request mods remove posts quoting you and whatnot if the people here don't edit their posts at your request.

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And why exactly would it be unreasonable to expect your tires to be bolted on correctly? He noticed vibrations, he did not notice his tires weren't attached to his car, and there's no reasonable expectation that he should suspect the tires not to be on.

The insurance company is gonna have no problem getting the shop to pay for this, I'd imagine.

 

[Vex]

unless OP knew or suspected something was genuinely

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They said they did :/ it was making sounds "like a siren"

Mod might need to come in here and edit all our posts tbh....

 

[Jaychrome91]

This. The fact that you didn't turn right back around and mention something was wrong will make things harder for you down the line.

Click to shrink...

When I drove off with the car Tuesday, the vibration and shaking wasn't bad. When I took my dad to work Tuesday morning I noticed the tires were load like sirens and done vibration. I dropped my dad off at work, went to work and went about my day. I called the tire place and they blamed the vibration on my brakes and rotors which were fine. Tuesday night I head home and notice moderate vibration and my left front tire flys off my vehicle on I 95. Shit like this should never happen.

 

[snail_maze]

I was driving the speed limit.

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I think the post meant that you knew something was wrong with the tires, had already made an appointment to have it fixed and then drove at 60mph. If you notice something is wrong with the car then you shouldn't drive it ideally let alone that fast.

Not saying its your fault that the tire fell off, but no idea what knowing the car is "off" does in regards to liability

 

[TheBrokenMan]

Since you've said you're fine and not injured, b there's no need to go to the doctor. I would say first talk to insurance and see what they say about the situation, then I suggest getting a lawyer involved for small claims court. The lug nut is 100% the fault of the mechanic. They're fully liable and can be taken to court. A lawyer and your insurance can guide you better on how much you can take them for tho.

Good luck!

 

[krae_man]

And why exactly would it be unreasonable to expect your tires to be bolted on correctly?

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Once the Op noticed "the AT tires were super loud like sirens and had some moderate vibration.", that expectation is out the window. If you know something is off, you need to adjust your behavior from a your own personal safety perspective and for potential legal ramifications.

 

[Chosen Onez]

I think you need to spend more time processing the near death experience you had before you assess further options.

 

[Vex]

Your insurance company might also be able to provide you with a lawyer should you need one. Check with your insurer, op. Kill two birds with one stone.

 

[Akira86]

record everything and sue them for negligence. small claims court my ass. it will cost but you can do more than take them to Judge Judy for that.

 

[Cat Party]

OP, I'm glad you're okay. That sounds terrifying.

This thread so far is giving you terrible advice. Your fucking wheels fell off and they're trying to make it sound like it's your fault. Jesus.

The repair shop put you in grave danger and frankly you should consider suing them for it. I wouldn't be so quick to declare yourself uninjured. Soft tissue injuries don't always present themselves immediately. Any soreness you experience from this is an injury. I would contact a local personal injury lawyer. This is what they do.

 

[Jaychrome91]

Once the Op noticed "the AT tires were super loud like sirens and had some moderate vibration.", that expectation is out the window. If the engine bursts into flames, you wouldn't keep driving it because you expect the engine to not catch fire.

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To be fair, AT tires are suppose to be load compared to highway tires. So i thought the loudness was normal. The vibration was light In the morning and moderate as I drove home . When I noticed the vibration was constant, I knew something was wrong but it was too late.

 

[Deleted member 4461]

Talk to a lawyer - they'll probably know if you have a case. I assume you do since "something seems off" != "I knew my car was unsafe and I shouldn't be driving it."

But I ain't a lawyer

 

[Trike]

OP delete or clarify that you are high/drunk due to the trauma and not while driving.

Also call you insurance. They have a legal team on your side. Sounds like the nuts weren't tightened enough at the shop.

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They said they started to drink after the accident, though they never clarified when they started to get high. I assume both were after considering the cop probably would've noticed if he was high and driving.

Either way I doubt this thread would ever come up in lawsuit. Though OP should probably remove the name of the tire shop.

 

[KAMI-SAMA]

If I remember correctly they say adrenaline can cause you not feel any hidden pain until it wears off. I think It's possible you could still feel pain or issues tomorrow OP. So you may be able to still report it. Correct me if I'm wrong anyone.

 

[Stop It]

One of the cases where "Lawyer up" is actually the correct idea.

Get legal advice, ASAP

 

[16bits]

OP, I'm glad you're okay. That sounds terrifying.

This thread so far is giving you terrible advice. Your fucking wheels fell off and they're trying to make it sound like it's your fault. Jesus.

The repair shop put you in grave danger and frankly you should consider suing them for it. I wouldn't be so quick to declare yourself uninjured. Soft tissue injuries don't always present themselves immediately. Any soreness you experience from this is an injury. I would contact a local personal injury lawyer. This is what they do.

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this is why then need to get professional legal advice.

The shop has blame, certainly and an expectation as experts to let the vehicle leave in a drive-able condition.

However, when the OP notices that the car is not safe it is their responsibility to stop, and not drive the vehicle until is it fixed.

Driving down a highway at 60+ is not doing this, and is the responsibility of the OP. They are lucky that a 3rd party wasn't injured.

Responsibility was with the repair shop until the exact moment the OP noticed something was wrong. They admit to knowing it was wrong and yet continued to drive.

As has been stated, the OP should remove their post because they are admitting to this fact.

 

[ray_caster]

Suing is generally the last thing you do, not the first, but I am not an expert in your jurisdiction (whatever it may be).

That said, do not ask for legal advise from Era. Talk to your insurance company or a lawyer.

 

[Watevaman]

Shop is definitely liable for this sort of thing in my experience. Negligence like this can easily result in injury or death so I would 100% take legal action if the shop is giving a hard time.

 

[Shadybiz]

Don't jump to "lawsuit." First thing you should do is contact your insurance company and explain what happened.

Guys, he doesn't have to delete his post. The insurance company isn't going to track down his Era account; they're not the NSA, for god's sake.

OP's claim of the tires being loud isn't problematic either. For all OP knows, that could have been something as simple as a bad alignment job, which should be fine to drive on for awhile, though not ideal. There should be no reason to suspect that the freaking tire falling off was imminent.

Tire shop is absolutely liable for this, the insurance company will almost certainly determine that. You now have to worry about any collateral damage that may have occurred as a result of the tire falling off (damage to the brakes, suspension, frame, etc.). The tire shop should be liable for that as well.

And OP: in the future, if at all possible, don't take your car to these chain/corporate tire/brake/lube places. They all fucking suck, and it's a flip of the coin as to whether they're going to screw the job up or not. Find a local independent mechanic that you can trust.

 

[Lyude77]

Don't jump to "lawsuit." First thing you should do is contact your insurance company and explain what happened.

Guys, he doesn't have to delete his post. The insurance company isn't going to track down his Era account; they're not the NSA, for god's sake.

OP's claim of the tires being loud isn't problematic either. For all OP knows, that could have been something as simple as a bad alignment job, which should be fine to drive on for awhile, though not ideal. There should be no reason to suspect that the freaking tire falling off was imminent.

Tire shop is absolutely liable for this, the insurance company will almost certainly determine that. You now have to worry about any collateral damage that may have occurred as a result of the tire falling off (damage to the brakes, suspension, frame, etc.). The tire shop should be liable for that as well.

And OP: in the future, if at all possible, don't take your car to these chain/corporate tire/brake/lube places. They all fucking suck, and it's a flip of the coin as to whether they're going to screw the job up or not. Find a local independent mechanic that you can trust.

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Fully agree with this. Members of the general public shouldn't be expected to know buzzing that increases is a loose lugnut, especially after receiving misleading advice from the mechanic.

Per usual on insurance claims etc. though, don't say more than you have to about what you did other than what is verifiable so that they don't try to spin it into being your fault. You saw how easily people here blamed it on you; I would recommend just answering the questions asked after giving your initial reports about what happened.

edit: for clarity, I'm not a lawyer, though I do listen to legal podcasts on my phone #HolidayInnExpress

 

[Shadybiz]

Fully agree with this. Members of the general public shouldn't be expected to know buzzing that increases is a loose lugnut, especially after receiving misleading advice from the mechanic.

Per usual on insurance claims etc. though, don't say more than you have to about what you did other than what is verifiable so that they don't try to spin it into being your fault. You saw how easily people here blamed it on you; I would recommend just answering the questions asked after giving your initial reports about what happened.

edit: for clarity, I'm not a lawyer, though I do listen to legal podcasts on my phone #HolidayInnExpress

Click to shrink...

For sure. Keep it simple, OP. If they ask a yes/no question, give them a yes/no answer. No need to go into a monologue if you don't have to. And honesty is usually the best policy.

Ultimately, OP's insurance is going to talk to the tire shop's insurance, and the tire shop's insurance is the company that should be paying for any repairs. But still...keep it simple when possible.

 

[V23]

I would be contacting a lawyer ASAP.

 

[Indy in the Fridge]

When I drove off with the car Tuesday, the vibration and shaking wasn't bad. When I took my dad to work Tuesday morning I noticed the tires were load like sirens and done vibration. I dropped my dad off at work, went to work and went about my day. I called the tire place and they blamed the vibration on my brakes and rotors which were fine. Tuesday night I head home and notice moderate vibration and my left front tire flys off my vehicle on I 95. Shit like this should never happen.

Click to shrink...

This is an important detail. You notified the shop of the issue prior to the tire flying off. You drove under the impression that the tires were tight but were told the brakes/rotors were messed up. That sounds like negligence/lying on the part of the tire shop.

I'd report the incident to your insurance and give them as much information as possible regarding your communication with the tire shop. See if your insurance will attempt to reach out directly to the tire shop. If not, look for a good lawyer in your area who does auto accidents. They can put reasonable pressure on the shop to "do the right thing".

Also, don't worry about editing or deleting your posts here. That's a whole bunch of senseless fearmongering. You will likely never step foot in court and no one is going to ask you to turn over any details regarding what you've said about the accident.

 

[16bits]

so the OP thought that the brakes were messed up and STILL drove the car?

The initial fault here is with the tyre shop, who clearly did not do the job to sufficient standard.

However the blame could easily be pushed onto the OP by lawyers, especially when they say they kept driving a clearly dangerous vehicle.

lawyer up asap

 

[Reckheim]

before you spend money on lawyers (like many people say here), give the tire place a chance to do something; unless you are seriously injured suing should be the last option (its a lengthy and expensive process).

Also, did you talk to your insurance company?

 

[Hilarious_Bearious]

If I remember correctly they say adrenaline can cause you not feel any hidden pain until it wears off. I think It's possible you could still feel pain or issues tomorrow OP. So you may be able to still report it. Correct me if I'm wrong anyone.

Click to shrink...

People sometimes do walk away from a crash only to later seek medical attention or even present at hospital for injuries that went unnoticed earlier. It's definitely a good idea to keep an eye out for any unusual pain or discomfort after a crash and seek immediate attention if you have concerns.

It's also worth noting that it's not uncommon for jurisdictions to not capture crashes where there are no casualties. You're talking about thousands or even tens of thousands of these incidents per year. Most police departments do not have the resources for it, or would rather use resources for something else.

 

[MrNewVegas]

Idk if this is a Canada thing or exclusive to the tire shop I take my patronage but they always provide me a torque sheet to sign. It shows the torques of the lugs. It also tells me not to drive above certain speeds for a day. It also asks for me to go back the next day to verify the torque has been unchanged after a day of driving.

If this is a legal thing and they have it where you live you def should sue.

 

[MonoStable]

They are 100% liable and I'm sure if you call them and yell at the top of your lungs that your tire flew off on the damn highway and you could of died they will gladly repair all the damage in lieu of being sued to oblivion.

 

[Jaychrome91]

before you spend money on lawyers (like many people say here), give the tire place a chance to do something; unless you are seriously injured suing should be the last option (its a lengthy and expensive process).

Also, did you talk to your insurance company?

Click to shrink...

Because I don't have comprehensive insurance and only liability since my car is 10 years old they can't go after them. Geico would have fixed my car and sued the tire shop for reenbursement if I had comprehensive insurance. My only options are call the tire shop and see if they will fix my car or sue if they don't.

 

[Reckheim]

Because I don't have comprehensive insurance and only liability since my car is 10 years old they can't go after them. Geico would have fixed my car and sued the tire shop for reenbursement if I had comprehensive insurance. My only options are call the tire shop and see if they will fix my car or sue if they don't.

Click to shrink...

yeh, definitely call them first. Suing someone is such a pain, months of wasted time and in your situation I don't think its a 100% guarantee you will win.

Good luck.