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15 miles after inspecation, wheel came off while on highway

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smaxfitness

Junior Member
In Pennsylvania...

I recently bought a car from MD and was told during inspection that it needed ball joints to pass. After replacing the ball joints, I drove it about 150 miles. I then had it reinspected with the same mechanic. After driving it 10-15 miles, the wheel just came off while on the highway. The lugs, rotor, and fender got damaged, not to mention that my parents and I were almost killed. Luckily no one got hurt except the SUV.

My knee jerk reaction was that the mechanic probably just didn't tighten the lugnuts after inspecting it that second time. I had the vehicle towed back to that inspection station and called the mechanic first thing this morning. He claims that they never pulled the wheels while reinspecting it. He further claims that he even went over all the tires again with a torque wrench, despite not pulling the wheels. He's obviously going to say he didn't pull the wheel off, whether he did or not, but the fact that he says he tightened them again and the wheel came off 15 miles later is astounding.

He can say it was something I did when replacing the ball joints, but I drove the vehicle many miles after replacing them and the fact that he just inspected it and the wheel came off 15 miles later tells me it was something he did. I still think he pulled the wheel off but just isn't going to admit it. The thing that's tough is that he has worked on our family vehicles for many years, so we know him pretty well and it stings a little that he won't take any responsibility. I'm sure he's not going to be offering to pay for the damages, but is there something I can or should do legally to get it taken care of since I don't have comprehensive coverage?
 


Zigner

Senior Member, Non-Attorney
In Pennsylvania...

I recently bought a car from MD and was told during inspection that it needed ball joints to pass. After replacing the ball joints, I drove it about 150 miles. I then had it reinspected with the same mechanic. After driving it 10-15 miles, the wheel just came off while on the highway. The lugs, rotor, and fender got damaged, not to mention that my parents and I were almost killed. Luckily no one got hurt except the SUV.

My knee jerk reaction was that the mechanic probably just didn't tighten the lugnuts after inspecting it that second time. I had the vehicle towed back to that inspection station and called the mechanic first thing this morning. He claims that they never pulled the wheels while reinspecting it. He further claims that he even went over all the tires again with a torque wrench, despite not pulling the wheels. He's obviously going to say he didn't pull the wheel off, whether he did or not, but the fact that he says he tightened them again and the wheel came off 15 miles later is astounding.

He can say it was something I did when replacing the ball joints, but I drove the vehicle many miles after replacing them and the fact that he just inspected it and the wheel came off 15 miles later tells me it was something he did. I still think he pulled the wheel off but just isn't going to admit it. The thing that's tough is that he has worked on our family vehicles for many years, so we know him pretty well and it stings a little that he won't take any responsibility. I'm sure he's not going to be offering to pay for the damages, but is there something I can or should do legally to get it taken care of since I don't have comprehensive coverage?
Maybe the ball-joint repair went bad after 165 miles...
 

smaxfitness

Junior Member
Maybe the ball-joint repair went bad after 165 miles...


Maybe... of course the wheel came off at the lugnuts, and not at the ball joint. The ball joint is still intact and sturdy. He rechecked it when I brought it in for play and passed it anyways, so I don't think that's too likely.
 

Mass_Shyster

Senior Member
If the damage was caused by the mechanic's negligence, send a letter demanding he pay for the damage. If he doesn't pay, sue him.
 

xylene

Senior Member
Wait, I am confused.

Who replaced the ball joints? You or the inspection mechanic or some other mechanic?

Also:

Are the wheels on this vehicle steel or alloy?
 

smaxfitness

Junior Member
Wait, I am confused.

Who replaced the ball joints? You or the inspection mechanic or some other mechanic?

Also:

Are the wheels on this vehicle steel or alloy?


A friend and myself replaced the ball joints. The mechanic then inspected the ball joints and passed them. The mechanic further states that even though he didn't remove the wheel, he tightened the lugnuts the day he inspected it. He was the last one to touch the wheels (and tighten the nuts) before the wheel came off. Even though he denies removing the wheels the second time he looked at it, on the inspection sticker, it says all 4 wheels were pulled that day. I can't prove he removed them the same way he can't prove he didn't. He did say he tightened them all though, so unless there was something major going on that went unnoticed during the inspection the lugnuts wouldn't just loosen themselves.


I believe they're factory steel wheels. Not positive on that though.
 
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Kiawah

Senior Member
I would suspect that they are either not the factory rims, and/or potentially the rims aren't made for that vehicle (rim does not seat correctly on the axle hub), and/or the lugnuts are incorrectly sized for the rim.
 
If his inspection sticker says that all four wheels were pulled off, then that's what will be taken as fact. If he can bring some video to court showing he actually didn't pull them, then he'll be opening a whole new can of worms for himself when the judge comes down on him for falsifying work claims. Can't say you pulled four wheels if you didn't.

So you have a record from the mechanic that he pulled the four wheels. One came off at the lugs. There is absolutely no way properly tightened lugs should have come off after just 15 miles. In fact, they shouldn't come off even after 30,000 miles. If he tries claiming the lugs were worn out, the question will be why he didn't point out that they were worn out and instead put them back on. It would be on him to point out that the lugs were incorrectly sized, worn out, not approved for your car, whatever, and have you sign accepting them to be used rather than replaced. Since he didn't do that, we'll have to assume they were fine, or he lied about removing the tires, or he removed them and didn't properly tighten them.

Ball's in your court on this one. Take him to court. I don't see you losing this case.
 

xylene

Senior Member
I can't prove he removed them the same way he can't prove he didn't.
You CAN prove he did.

You have the inspection which says so.

His claims otherwise are meaningless.

You have a good case.

Aside - after you have the car fixed, I'd sell it. Cars can be a handful of trouble after a hard drop. ;)
 

OHRoadwarrior

Senior Member
One interjection here...

If the vehicle has had prior lug nut or axle replacement, it is possible the threads on the nuts are incorrect. Some studs could be a standard thread and some a metric. If they were mismatched when reinstalled, they could come loose as described. NO mechanic would be able to ascertain the existence of this condition as the nuts would all appear to tighten/torque correctly.
 
One interjection here...

If the vehicle has had prior lug nut or axle replacement, it is possible the threads on the nuts are incorrect. Some studs could be a standard thread and some a metric. If they were mismatched when reinstalled, they could come loose as described. NO mechanic would be able to ascertain the existence of this condition as the nuts would all appear to tighten/torque correctly.
Easy case I would say. Plead negligence or res ipsa loquitor in the alternative.
 
Aside from barrels of flour falling on bypassers, can you point to any cases were res ipsa loquitor has succeeded?
Medical malpractice items left in victim and cases such as this where vehicle was in exclusive control and wheel not fall off in absence of negligence. Maybe I did not read close enough, but if they took wheel off, put it back on and then it falls off 15 minutes later, show either they negligently failed to observe a dangerous of defective condition, the lug nuts not put back on correctly or that in absence of negligent reinstallation, this would not have occurred if unclear exactly why wheel fell off. Obviously, a credibility issue about what he did. If he sticks with tighten, he did something to wheel so exclusive control and wheels don't just fall off.

This forces defendant to rebut with defense of metallurgy or some other nonnegligent explanation for why the wheel fell off.
 
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Silverplum

Senior Member
Medical malpractice items left in victim and cases such as this where vehicle was in exclusive control and wheel not fall off in absence of negligence. Maybe I did not read close enough, but if they took wheel off, put it back on and then it falls off 15 minutes later, show either they negligently failed to onserve a dangerous of defective condition, the lug nuts not put back on correctly or that in absence of negligent reinstallation, this would not have occurred if unclear exactly why wheel fell off.
I'm pretty sure that Steve meant that he was asking you to provide cites.

Y'know, names of cases. So-and-So vs. Thus-and-Such in 2009.

It's quite odd.
 
I'm pretty sure that Steve meant that he was asking you to provide cites.

Y'know, names of cases. So-and-So vs. Thus-and-Such in 2009.

It's quite odd.
Haha, no free legal research. You gotta admit, an effective way to argue case if you can not specifically pin point cause and it shifts burden to defendant to come up with the non negligent explanation supported by evidence.

I would tee that one up just for fun.
 
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