Do I have a case, what should I do? Should I ask for my $40 or sue?

I had a blow out at 830am Monday 10/27, my neighbor came and jacked me up with the jack I left in his garage. We got my donut on and went to a shop. Bought 2 used tires and they fixed my rims for $70.

Later, I was on the Expressway and towards the middle end of the loop, I started to hear noise from my tire, I slowed down and towards the end it the front driver side tire blew out (same side as in the morning) around 120pm.

I called USAA to get towed, had to wait 55 minutes and the tow truck guy said the tire had dry rot? Not sure if that's exactly what he said, I never heard of that before. I took a picture of the tire, but I had to take a test and my dad had to go somewhere, and Tuesday had to work, retake a test, and many other things. Today 10/29 I have to work and no set time to get off.

I have no paper/transaction trail since I had to pay cash, but I had to go to the ATM and I never go to an ATM and my neighbor was with me.

I've taken Automotive courses, and my professor told us that there are ASE Laws that if you don't tighten up someone's lugs and their wheel goes flying on the freeway, you're liable. So I think this fits since I was in a single lane, on the expressway, and the last thing two things he told me were it's ready (after coming from ATM and paying), and that it's a good car, drive careful.

I mentioned that we thought it might have been the railroad tracks that caused the first one, but we're not mechanics, shouldn't they check to make sure It's safe?

4 Answers

  • Squid
    Lv 7
    5 years ago
    Best Answer

    So lets see if I can extract the parts that matter:

    1. A shop sold you a used tire, and the tire failed shortly after.

    3. The tow truck driver suspects "dry rot".

    If the failure was due to a faulty installation, then you could ask for a refund or another repair. If the tire does have dry rot (look it up, it's a real thing) then it needs to be replaced, not just patched. The mechanic cannot fix it and it's not the mechanic's fault if it continues to fail. You bought a used tire, they are generally sold "as is" and should be avoided...there's a reason they were taken off the car they were on originally.

    70 dollars is not enough money to make it worth your time to sue him, even if you could somehow prove it was his fault.

  • Yeti
    Lv 7
    5 years ago

    Not clear enough what happened and whose fault you think it is and why.

    It sounds like one of the (used) replacement tires blew out. How does this relate to lug tightening? And how does this relate to what the guy said to you?

    Best I can tell, you went and got a couple used tires at the shop, and one didn't last too long. You apparently did something with railroad tracks and who knows what, but didn't have the car inspected by a mechanic. The guys putting on used tires do not inspect your whole car.

    At best, it sounds like you might be owed reimbursement for the tire that blew out. But if it was cheap because it was sold "as is," you may have no claim at all. It depends on what the agreement was at time of purchase. You seem to think you'd be owed $40 yourself, which I'd expect is the cost of the tire. I guess you can go ask for it back because the tire didn't last. Most people wouldn't bother suing over $40, and you may not have any case whatsoever.

    It sounds like you should have the car checked more thoroughly by a mechanic, and you maybe should be more wary of buying used tires.

  • 5 years ago

    You can't sue anyone. You bought used tires that came with no warranty, you wanted cheap, got cheap and took them as is so you have nothing to sue anyone for except you for being silly enough to put a cheap old tire on your car. You will be lucky if you even get your money back, he didn't guarantee you that

    the tire would last even a week. Not a lawyer around would touch that because

    you couldn't gain any money from it and lawyers want to be paid for their services. If you don't have the money for a new tire, where are you going to get the money to pay an attorney?

  • Anonymous
    5 years ago

    probably give you a new used tire....then again you spent 40 bucks to learn not to buy used tires...right

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