Mechanic At Fault For Tire Flying Off

1,811 Views | 20 Replies | Last: 2 days ago by MAROON
High Functioning Moron
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My brother-in-law had his oil changed along with a "courtesy" tire rotation on 4/1 at an auto shop in Dallas. He was driving to work on Monday, and his front tire flew off, and he got side-swiped by an 18-wheeler. He is lucky it wasn't much worse, but his insurance is totaling the car. They are also saying they won't cover anything and are deeming it the mechanic's fault. It doesn't sound like they are going after the mechanic and leaving it up to him. It was an old Camry, so I doubt he would have gotten much value for it anyway.

Does anyone have any experience dealing with this? Is this a small claims court situation? Or, should he just move on with his life and get another car?
Milwaukees Best Light
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AG
Buddy had this happen in San Antonio about a half block from the shop. The mechanic took care of everything, no lawsuit necessary.
Yesterday
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AG
It's going to be hard to blame the mechanic 5 days later. I'd demand that insurance cover it and if they want to go after the mechanic then have at it.
aggiecody06
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Only reason insurance should deny that is if he has liability only on vehicle, other than that it's a coverable claim.
n_touch
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Parents had this happen with the RV. Shop had cameras so they were able to see that the lugs were not tightened or hit with a torque wrench.

I would have them contact the shop and check for cameras.
YellAg2004
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AG
BrazosDog02
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AG
What does he want to happen? If they totaled it then they've done what they were obligated to do. If you need more then I'd say you're going to need to call the Texas Hammer or something. Id have to weigh the costs of all of it and decide if its worth it (probably not). I'd take all my paperwork to the shop and start there. If they don't want to help out….. ***rubs neck ***…..***reaches for lower back**** ya know, I'd be feeling kinda sore.

Sorry that jack off was sick on lug nut day. That sucks.
maroon barchetta
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I had one time where I left a shop and stopped in this next block to check my lug nuts and found them hand tightened. I now check them even before leaving Discount Tire because I just don't trust the 20 year-olds rushing thru to make the best decisions.

But days later is odd.
Buck Compton
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AG
BrazosDog02 said:

What does he want to happen? If they totaled it then they've done what they were obligated to do. If you need more then I'd say you're going to need to call the Texas Hammer or something. Id have to weigh the costs of all of it and decide if its worth it (probably not). I'd take all my paperwork to the shop and start there. If they don't want to help out….. ***rubs neck ***…..***reaches for lower back**** ya know, I'd be feeling kinda sore.

Sorry that jack off was sick on lug nut day. That sucks.
What do you mean? What he wants is to be compensated by someone… either mechanic or insurance.
Kenneth_2003
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AG
maroon barchetta said:

I had one time where I left a shop and stopped in this next block to check my lug nuts and found them hand tightened. I now check them even before leaving Discount Tire because I just don't trust the 20 year-olds rushing thru to make the best decisions.

But days later is odd.


I was thinking along the same lines.... EVERY tire shop/mechanic probably has buried on the receipt that you should check torque after 50 miles.

I bought a 14ft trailer a couple years ago for the side by side.... Got home with it and put a full turn or more on EVERY lug nut.
Martin Q. Blank
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Quote:

For Tire Flying Off

Sorry, I immediately thought of this sketch.

TexasRebel
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AG
I've had lug nuts I'm 100% certain were torqued come loose due to either a bind settling, or dirt/rust working out over a few days/100 miles.

Like it was said earlier in the thread, there's probably fine print on the release/receipt the customer signed that says it's the customer's responsibility to check lug torque after a few miles.
07ag
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AG
no constructive advice, but here is ron white's similar experience for a laugh

https://ts.la/eric59704
BrazosDog02
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AG
Buck Compton said:

BrazosDog02 said:

What does he want to happen? If they totaled it then they've done what they were obligated to do. If you need more then I'd say you're going to need to call the Texas Hammer or something. Id have to weigh the costs of all of it and decide if its worth it (probably not). I'd take all my paperwork to the shop and start there. If they don't want to help out….. ***rubs neck ***…..***reaches for lower back**** ya know, I'd be feeling kinda sore.

Sorry that jack off was sick on lug nut day. That sucks.
What do you mean? What he wants is to be compensated by someone… either mechanic or insurance.


The OP said that his insurance totaled the car. As such, he was compensated. He is owed nothing more than that at this point. If he wishes to have more compensation than he's going to have to take matters into his own hands and either go to the shop or find an attorney to provide it.

Personally, I would like to be compensated more than that. If my old ass truck was totaled out, I'd probably get about $1100 for it. But it's going to cost me about 85,000 to get another one brand new just like it. If the truck was otherwise serviceable beforehand and now it's not, I would expect no less compensation than that.
High Functioning Moron
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Update - insurance has backpedaled and is going to consider it a collision and will be covering his claim.
maroon barchetta
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High Functioning Moron said:

Update - insurance has backpedaled and is going to consider it a collision and will be covering his claim.


Now get the shop to cover your deductible
Col. Steve Austin
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AG
maroon barchetta said:

I had one time where I left a shop and stopped in this next block to check my lug nuts and found them hand tightened. I now check them even before leaving Discount Tire because I just don't trust the 20 year-olds rushing thru to make the best decisions.

But days later is odd.


Not really. If the lugs are snugged up but not properly torqued, it could take x number of miles or days for them to work loose to where the wheel comes off. I had that experience with an RV wheel a few years ago. Unfortunately, as the lugs worked loose, the wheel moved around enough to strip the threads of the studs. Luckily there was a nearby shop that could replace the wheel hub assembly.
Buck Compton
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AG
Sounds like insurance might help him now, but that's not what he said. He said that they "totaled it" in that they probably told him it was totaled, but were denying the claim.
BrazosDog02
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AG
Buck Compton said:

Sounds like insurance might help him now, but that's not what he said. He said that they "totaled it" in that they probably told him it was totaled, but were denying the claim.


Yeah, I guess they are going to take care of it. Hopefully it works out well for him. That sucks no matter what. It could have been a fatal oversight.
agracer
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AG
BrazosDog02 said:

Buck Compton said:

BrazosDog02 said:

What does he want to happen? If they totaled it then they've done what they were obligated to do. If you need more then I'd say you're going to need to call the Texas Hammer or something. Id have to weigh the costs of all of it and decide if its worth it (probably not). I'd take all my paperwork to the shop and start there. If they don't want to help out….. ***rubs neck ***…..***reaches for lower back**** ya know, I'd be feeling kinda sore.

Sorry that jack off was sick on lug nut day. That sucks.

What do you mean? What he wants is to be compensated by someone… either mechanic or insurance.


The OP said that his insurance totaled the car. As such, he was compensated. He is owed nothing more than that at this point. If he wishes to have more compensation than he's going to have to take matters into his own hands and either go to the shop or find an attorney to provide it.

Personally, I would like to be compensated more than that. If my old ass truck was totaled out, I'd probably get about $1100 for it. But it's going to cost me about 85,000 to get another one brand new just like it. If the truck was otherwise serviceable beforehand and now it's not, I would expect no less compensation than that.

Before the update, insurance totaled it and was refusing to pay anything.

Did you miss that part?
MAROON
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AG
I had it happen one time. Had my brakes and shocks replaced. Picked up the truck and headed south for hunting. Made it about 10 miles and started having some out of the ordinary vibrations in the front end. Pulled over at next exit and found the lug nuts on my passenger side front tire were only hand tightened.
What do you boys want for breakfast BBQ ?.....OK Chili.
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