Legal Question in Consumer Law in Ohio

New tires ...faulty installation

We bought 4 tires from Sears a week later my 18 year olds tire and rim flew off without making anymore noise than his noisy rotor. Now after spending $2600 to repair it and $1000 for a rental car. Liberty Mutual the Sears insurance provider said they deny the claim. Geico our insurance company who we had liabilty only on this 95 Monte Carlo investigated and says it was faulty install. On investigator that came out that spent over an hour they agrees it was a faulty install. The second investigator who spent 5 minutes there said he had to hit something to shear off the studs. Which if they were tight is physically impossible without massive damage to everything on the left front. What are my options and how to I go about it since I can prove the studs got sheared off after the tire came off. And why is the comsumer at fault when the tire was not properly installed.


Asked on 12/18/01, 3:26 am

1 Answer from Attorneys
Joseph Jacobs Jacobs & Lowder

Re: New tires ...faulty installation

Sounds like this is a battle of experts that both parties really don't want to get into... Your option here is to establish their argument in writing, by requesting that they do this. Then, make it clear to them that you are not satisified with their treatment of you as a consumer, in writing again, then sue them. If Sears is found to have violated the Consumer Sales Practices Act, you can receive 3 times your damages. Seems like you could get them to move on this if you had an attorney to let them know that you really believe they are at fault and that you are willing to fight this.

For more information, feel free to call me directly.

Joe Jacobs

216-227-0900

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Answered on 12/19/01, 12:14 pm


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