Blown out tire caused an accident

Pennsylvania

I bought a used tire that had a 7 day warranty on it. I was driving and my tire blew out so my car pulled to the right and I side swiped a parked box van. This was before the warranty was up. Do I have a case against them since the blown out tire is what caused the accident and it had a warranty?

Oryx said:

Pennsylvania

I bought a used tire that had a 7 day warranty on it. I was driving and my tire blew out so my car pulled to the right and I side swiped a parked box van. This was before the warranty was up. Do I have a case against them since the blown out tire is what caused the accident and it had a warranty?

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A case or a claim? Why haven't you simply contacted the tire company?

I contacted the company and I'm waiting for the owner to contact me back but the person I talked to on the phone made it sound like all they were willing to do is refund the cost of the tire. If that's all they're going to do I want to know if they'd be liable for the damage caused to my car because if they were I'd bring them to court.

Oryx said:

Do I have a case against them since the blown out tire is what caused the accident and it had a warranty?

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There is nothing in your post to indicate you having a valid claim against them... as there are LOTS of other possible causes of your accident.

I was driving and my tire blew out so my car pulled to the right and I side swiped a parked box van.

What caused this?

As far as I could tell the tire just blew out. It was a used tire so I guess it wasn't as good as they told me it was. I wasn't speeding and I had been driving straight. I didn't hit a pothole or anything like that.

The warrenty was for the tire itself, nothing else. Your insurance will pay for the car you hit, and the rest of the damage to your car if you have collision coverage. Accidents happen.

Did you check condition of the tires when you bought the car and inflation pressure afterwards? Did the tire go BANG and startle you?

I have been driving for 35 years, but never lost control when I got a flat tire. The nearest I ever got to a blowout was when my front tire drove over a metal plate that stood up in the crack and chopped my rear tire like an axe. I pulled over to the side of the road behind another car with a right rear flat. Apparently the plate would flip up and then fall back down after chopping the rear tire. I removed the plate from the road.

Unless you were rounding a corner or curve when the tire blew out, I suspect you lost control because you slammed on the brakes, which at this point you realize was unwise.

I heard something but I had music on really loudly so I'm not sure it was the tire or not. I actually didn't hit the breaks at first because by the time I had a chance to react I had already hit the truck next to me. The tires I had on the car were fine. The tire that blew was a used tire I bought because my old tire was flat. The air pressure seemed to be the same as the other tires. The man that towed my car said it looked like the side of the tire blew out. I'm not really sure what kind of difference that makes though.

I'd think there'd be a big difference between a rear and front tire being flat since the front tires are what steer the car. I guess I could be wrong though since I'm not a very good car person.

As others have already stated, the warranty on the tire is only going to cover the tire, not any accidents that result from the tire failing.

Why would you buy a used tire? It always amazes me that people will buy cheap tires, or not keep them property inflated, or not take care in general with their tires. They're the only thing between you and the road at 80 mph! They are the most important thing on your car. Don't try and save money or you can see what can happen. You should be thankful that it didn't happen at 80 mph on the highway next to a big rig.

Oryx said:

I heard something but I had music on really loudly so I'm not sure it was the tire or not. I actually didn't hit the breaks at first because by the time I had a chance to react I had already hit the truck next to me. The tires I had on the car were fine. The tire that blew was a used tire I bought because my old tire was flat. The air pressure seemed to be the same as the other tires. The man that towed my car said it looked like the side of the tire blew out. I'm not really sure what kind of difference that makes though.

I'd think there'd be a big difference between a rear and front tire being flat since the front tires are what steer the car. I guess I could be wrong though since I'm not a very good car person.

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If your music was up so loud that you couldn't hear the tire explode, you need to sue yourself in the court of Darwin for failing to complete the mission.