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Tire mechanic totalled my car test driving my car - Can I file civil suit against tire company?
(La Plata, MD)
Took my car for a wheel balance because my car was vibrating at 50mph. While waiting for my car store manager gets call that my car has been in accident. I did not know the mechanic had taking my car for test drive.
The mechanic took my vehicle on a back road with a speed limit of 30mph. The mechanic lost control of my vehicle and ended up hitting a tree no other vehicles were in the accident.
Police report states speeding. My issue are - that this accident has caused a financial burden on me since I only owe $3000 on car.
My insurance is only going to give me $8000 which leaves me with not much to buy a car - I had a 2005 Jeep Liberty that had high mileage but was in exceptional condition and was planning to keep and drive until it know longer was reliable. Can I file civil suit against tire company?
Yes, you probably have a good cause of action against the tire company as they had your vehicle and the guy driving was most likely acting within the scope of employment.
This is a total loss situation, which they can be hard to deal with. Insurance companies are hardcore negotiators and will give substantially less if you let them. I recommend you read this ebook, http://www.auto-accident-blog.com/go/Total-Loss-Ebook.php, it should really help you increase their offer.
Please, also see our notes regarding total loss here: http://www.auto-insurance-claim-advice.com/totaling-a-vehicle.html
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