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Car Damage due to loose lugs

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SimpleMind

Member
What is the name of your state (only U.S. law)? WI

I had car repair work done a few days ago. Turns out the repair shop failed to tighten my lug nuts. Yesterday, I was driving on the road, and my tire fell off. There is probably a few grand worth of cosmetic damage. I had a lug bolt break off, rotor was dragging on the road for about a 1/2 block, probably need a new rotor, perhaps a new rim. The car seems to be operating fine otherwise.. I am able to drive it.


The car was vibrating funny. I stopped the car and found a wire stuck in one of the tires, like a clothes hanger wire inside the rim. I pulled that out thinking that was the problem, and went my way. The vibration continued, and a half mile later noticed a lot of play in the steering wheel. While I was looking for a good place to park the car, I noticed my wheel was passing my vehicle.

What is the best way to get this fixed? Contact the auto repair company directly, or go with my insurance company? My insurance company told me they could take this to litigation, and at least try to have the auto repair company pay the $500 deductible.. Or will the auto repair place give me faster results?
At this point, I only contacted my insurance company, I have yet to contact the auto repair place. I have a police report on file, and the tow truck driver concluded the lug nuts were loose.
 
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justalayman

justalayman

Senior Member
I'm not sure why everybody feels they have to make things more difficult than they have to be. Call the garage and tell them what happened and ask to have your damages paid. I know of a few garages that if they know they did the work and there is adequate proof of it being their fault, they simply pay and move on with life. Of course you will have businesses the refuse but I don't see any problem with trying the easy route first. It might not be successful but it isn't going to damage your claim in court should it go that route.

given the small amount, I probably wouldn't have bothered with the insurance company but just asked the garage to cover the damages. If they refused and I believed I was right, I would have sued in small claims court.
 
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swalsh411

Senior Member
You filed a police report without even attempting to talk to the auto shop about making it right? :confused::eek:

What in the world makes you think a crime was committed?

If I owned that shop I would tell you to go f*ck yourself and I'll see you in court.
 
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OHRoadwarrior

Senior Member
You had a duty to mitigate the damages, once you were aware there was a problem. Driving until the wheel fell off is not mitigating damage.
 
P

Proseguru

Member
OHRoadwarrior said:
You had a duty to mitigate the damages, once you were aware there was a problem. Driving until the wheel fell off is not mitigating damage.
Click to expand...
That's correct but failure to mitigate is an affirmative defense .... the defendant would have to plead it first & the plaintiff offer facts that would dispel the defense. So if it is not noticed on their answer, they may not be able to plead that in court ... but small claims can be flexible on court rules ... if they do plead it in their answer then a response should be filed by the plaintiff
 
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Ozark_Sophist

Senior Member
Do you have aluminum rims? If so, did you retorque the lug nuts as directed by the manufacturer? My lug nuts need to be checked 50 miles after installation.
 
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