I just got my tires done at tire kingdom my kids and i were driving down the road and my tire fell off completly. Tire kingdom came and fixed the issue but im scared now to drive with my kids in the car constantly thinking my tire is going to fall off.
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I just got my tires done at tire kingdom my kids and i were driving down the road and my tire fell off completly. Tire kingdom came and fixed the issue but im scared now to drive with my kids in the car constantly thinking my tire is going to fall off.
Do i have a lawsuit?
Asked on August 8, 2016 under Business Law, Florida
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
If there was damage to your car, you have a property damage claim to be filed with the tire store's insurance carrier.
If you or any of your kids were physically injured, you or they would have separate personal injury claims to be filed with the tire store's insurance carrier upon completion of medical treatment .
It does not appear that that happened based on your question.
However, you have a personal injury claim for your mental distress of thinking the tire will fall off. In order to have a personal injury claim, you will have to document medical treatment with a psychologist or psychiatrist.
Notify the tire store's insurance carrier in writing that you will be filing a personal injury claim.
When you complete your medical treatment and are released by the psychologist or psychiatrist, obtain your medical bills, medical reports, and documentation of wage loss. Your claim filed with the tire store's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports will document your mental distress and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled with the tire store's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the tire store's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the tire store.
If the case is NOT settled, your lawsuit for negligence against the tire store must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
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