How Do You Receive Compensation If Your Defective Tire Was Recalled?
To receive compensation if your defective tire was recalled, you can request a refund from the manufacturer. However, in most cases, consumers with defective tires will receive a replacement, free of charge. If you replaced your tire before the manufacturer announced the recall, you may be able to demand reimbursement for both the tire cost and the labor cost.
If you suffered injuries in an accident caused by a recalled tire, you can hold the manufacturer liable for all your accident-related costs and losses.
Why Manufacturers Recall Tires
There are a few reasons why a manufacturer might issue a tire recall. One type of recall is a voluntary recall. A voluntary recall often indicates that the manufacturer has become aware of a problem with a set of tires that could potentially put users in danger. In some cases, this type of a recall is an effort to avoid legal action.
The National Highway Traffic Safety Administration (NHTSA) may also order a mandatory recall. This often occurs after there have been many reports of injuries or fatalities from defective vehicle parts.
How You Can Tell If Your Tire Is Included in a Recall
In some cases, you will receive a notification of a tire recall if you have a recalled product. However, because there is no national tire registry, you may never receive a notice. To keep yourself and other road users safe, you can search the NHTSA website for a list of current recalls.
You can also use the U.S. Tire Manufacturers Association search tool. It allows you to input your tire identification number (TIN) into the search bar and pull up any current recalls.
Filing a Product Liability Lawsuit Against Your Tire Manufacturer
If a defective tire led you to suffer injuries in an accident, you may be eligible to recover compensation through a product liability lawsuit. Florida law permits compensation when a defective product causes or worsens an injury.
To file your lawsuit, we must be able to establish the following elements:
- The product was defective: If the tire was under recall, this can help prove it was defective. In some cases, we may need to work with a tire expert to more fully establish the tire’s defect.
- You did not substantially alter the product once you received it: You may have a harder time recovering compensation if you patched one of the tires after it went flat or if you drove on the tires for longer than recommended.
- The defective product caused you to suffer injuries: We will work to prove that your defective tire caused the accident (e.g., if your accident resulted from a tread separation, we can use accident reconstruction expert testimony to determine how the effects of a tread separation could have led to you losing control of your vehicle).
How We Can Assist You with Your Defective Tire Case
Navigating the process required to recover compensation after a recalled tire caused your injuries can be difficult. We offer a complimentary consultation to get to know you and your case. It also allows us to collect important details to determine if you are eligible for compensation.
Establish the Manufacturer Was Liable
We can help you establish the manufacturer’s liability. Florida follows strict product liability laws, which allow injured parties to hold a manufacturer liable without proving negligence. We will gather the evidence necessary to show the manufacturer’s liability for your injuries. This might include photos, recall notices, expert witness testimony, and more.
Evaluate Settlement Offers
Once we file a lawsuit against the manufacturer, you may receive a quick settlement offer. In most cases, this offer will be much less than you need. We will negotiate with the manufacturer to get the payout you deserve.
Present Your Case in Court
If the manufacturer refuses to offer you a fair settlement, we can bring your case to court and show the jury why you deserve compensation.
See How a Lawyer Can Help with Your Case — Call 855-529-0269 Today
Defective tires can be extremely dangerous. You rely on your tires to safely get you where you need to go. While some people find out their tires are under recall before severe injuries occur, this is not always the case.
If a defective tire caused you to suffer injuries in an accident, it is only right that the responsible party pays. A defective tire lawyer can help. Contact a member of the team at Chalik & Chalik Injury Lawyers today: 855-529-0269. The consultation is free, and we work on a contingency basis which means we do not receive compensation unless you do.
Additional Frequently Asked Questions
- Why Should Florida Residents Be More Concerned With Tire Tread Separation Than Other States?
- Frequently Asked Questions about Tire Accidents
- Who Determines Fault (And How) After A Car Accident in Florida?
- What Is A Wrongful Birth & Can You Receive Compensation From The Doctor Who Performed It?
- What Are the Most Common Causes of Car Accidents in Florida?