Author Topic: Justice for neglect on Canadian Tire (Read 5295 times)

Betty Boop F · « **on:** March 16, 2009, 06:31:34 pm »

My daughter takes her car into CT on Sunday afternoon for an estimate on her brakes.
She pays the $21 and goes to the parking lot..... gets in the car where they
parked it. As she drives forward still in their parking lot ....BANG... the front wheel fall off. Five minutes later she would have been on the 404 hwy!

She could not open her drivers door..... goes in.....seven mechanics come out, surronding the front of the car......they take pictures,....get a crow bar to unjam the drivers door......damage to wheel frame... tow it back into the garage.

Say the manager will be in on Monday......
Calls us at home....husband and daughter return Monday morning....
Manager apoligizes.... we will pay for the damage to the body work, replace front tire and wheel aliment.

Can we sue for neglect? Who would we contact for reporting such a huge mechanical error and neglect?

Who do we call for advice on making them pay or reporting them? I feel I want more than an apology and repairs!

Thank GOD, she is unharmed, but angry that CT should have to compensate for their neglect?

Betty Boop F

vdk · « **Reply #1 on:** March 16, 2009, 06:57:10 pm »

$100 + a 24 pack sound right?

KRS · « **Reply #2 on:** March 16, 2009, 07:08:09 pm »

I would expect that if they are repairing the vehicle at no charge you won't get much more satisfaction, though I would certainly ask that they provide a loaner or rental until the car is back on the road.

For registering a complaint though I would recommend contacting what you have for a better business bureau or registering your complaint with the office of consumer affairs at http://consumerinformation.ca/

rrocket · « **Reply #3 on:** March 16, 2009, 07:11:57 pm »

We registered a complaint when my dad had a safety done that was shabby at best. As a result, the garage lost it's license to do safeties for 30 days.

I'll have to ask my dad who he complained to....

dr_spock · « **Reply #4 on:** March 16, 2009, 09:18:31 pm »

If you plan to sue, best to seek advice of legal counsel.

BJB · « **Reply #5 on:** March 16, 2009, 09:24:23 pm »

They've said that they will fix the car, what other damages have you suffered?
If your daughter has some sort of ailment (physical or mental) that is a result of the accident you could seek something, however, a claim of negligence would likely require you to prove actual damages.

articsteve · « **Reply #6 on:** March 16, 2009, 09:32:55 pm »

Can we sue for neglect?

No. You have no damages. They have conceded the issue. If that is the worst threat to your daughter's well being for the term of her life consider her blessed.

barrie1 · « **Reply #7 on:** March 16, 2009, 11:59:20 pm »

You could call the DOT which will visit that garage and possibly lay charges against them and the mechanic who forgot to tighten the wheel. Make sure they do a alognment after the work is done as well as without it there's NO way to verify that the frame has been repaired correctly. This will cost them a fair penny for sure.

Squishy · « **Reply #8 on:** March 17, 2009, 01:59:55 am »

What's a wheel frame? The fender?

You're lucky they're paying for anything at all. A lot of these cases that happen with no manager on duty will result in outright denial and them basically telling you to go fly a kite.

I can imagine the excuses already:
"A vandal could have come and loosened the wheels in the parking lot; we drove it out of the repair bay just fine"
"The body damages are your fault for opening the door with the car like that"

Quote from: barrie1 on March 16, 2009, 11:59:20 pm

You could call the DOT which will visit that garage and possibly lay charges against them and the mechanic who forgot to tighten the wheel. Make sure they do a alognment after the work is done as well as without it there's NO way to verify that the frame has been repaired correctly. This will cost them a fair penny for sure.

I don't think the wheel falling off at parking lot speeds would do much to the frame or subframe. Also, I don't think we have a DOT.

toolatecrew · « **Reply #9 on:** March 17, 2009, 08:16:19 am »

You do realize that if they put this through their insurance, send it to a body shop and have a computerized estimate sent to the insurance compnay that future searches of the VIN number on your vehicle will reveal that it has had damage that required repair?

I don't live in ontario but aren't you required to disclose such information upon sale of the car?

Its called diminished value. Its tricky to prove becuse the value isn't actually diminished until you sell the car. If there is frame damage that will definiley reduce the value upon sale. Is there damage to brakes, hubs exels sub frame?

They say they are going to repair damage? WHO will repair the damage ..surley they are not proposing that the same mechanics who caused this repair the damage?

I agree with above in that you can't sue for "neglect" or some kind of punative damages. Certainly report them .

They should be doing more than taking it back into their own garage and telling you they fixed everything. Car should go to an independent shop and have an independent estimate. It should be repaired at an indepenent facility.

If there is more than cosmetic damage I would be asking for some compensation against futre diminished value. Do you go through a LAwyer? Up to you.

I am not you. You have to decide.

If it were me I'd swallow my anger (which is justified) and settle for having the car properly and indepndently prepared and a free set of tires or something.

Thinking Out Loud · « **Reply #10 on:** March 17, 2009, 08:25:03 am »

Canadian Tire is a franchise organization. I would suggest a letter to HO, the Franchise Director (or similar), and the owner of the store you were at (and cc's to each).

Will it get you any further? Likely, no. But, ulitmately, no one can potentially 'fix' what is not known to be broken - and in this case, at least you've documented it.

PS, send the letter AFTER you get the car repaired, and a shop of YOUR CHOICE.

articsteve · « **Reply #11 on:** March 17, 2009, 05:33:20 pm »

You do realize that if they put this through their insurance

Every auto repair facility has at least a 5K deductible so it won't be going thru insurance.

It's not an unheard of occurrence.

Moral of the story don't take your car to Crappy Tire unless it's in a small town and you know the mechanic, certainly not in the GTA.

That helo crash in Hibernia was in one way or another human error and I'm sure family members are seeking answers, but not to let something as trivial as this go is jack.

airbalancer · « **Reply #12 on:** March 17, 2009, 06:30:58 pm »

Quote from: articsteve on March 17, 2009, 05:33:20 pm

You do realize that if they put this through their insurance

Every auto repair facility has at least a 5K deductible so it won't be going thru insurance.

It's not an unheard of occurrence.

Moral of the story don't take your car to Crappy Tire unless it's in a small town and you know the mechanic, certainly not in the GTA.

That helo crash in Hibernia was in one way or another human error and I'm sure family members are seeking answers, but not to let something as trivial as this go is jack.

OP was from Owen Sound,
Is Owen Sound large town or small city?

KRS · « **Reply #13 on:** March 17, 2009, 07:14:38 pm »

Quote from: airbalancer on March 17, 2009, 06:30:58 pm

OP was from Owen Sound,
Is Owen Sound large town or small city?

She said as part of her story "Five minutes later she would have been on the 404 hwy!" It's a lot more then 5 minutes to the 404 from Owen Sound unless by SR-71 so I believed the occurrence happened near the GTA. perhaps the OP can clarify for us what city or town this occurred in

toolatecrew · « **Reply #14 on:** March 17, 2009, 07:30:18 pm »

Quote from: articsteve on March 17, 2009, 05:33:20 pm

You do realize that if they put this through their insurance

Every auto repair facility has at least a 5K deductible so it won't be going thru insurance.

It's not an unheard of occurrence.

Moral of the story don't take your car to Crappy Tire unless it's in a small town and you know the mechanic, certainly not in the GTA.

That helo crash in Hibernia was in one way or another human error and I'm sure family members are seeking answers, but not to let something as trivial as this go is jack.

I said "IF" we don't know how extensive the damage is or anthing about the car. It doesn't take long at all to hit 5K if you need front end work, frame repair etc.

Even if it doesn't go to insurance and show up on a VIN check its still frame damage you need to report if you sell right

articsteve · « **Reply #15 on:** March 17, 2009, 09:41:31 pm »

Quote from: airbalancer on March 17, 2009, 06:30:58 pm

OP was from Owen Sound,
Is Owen Sound large town or small city?

Is Owen Sound large town or small city?

I still consider it a small town, but the Crappy Store there is a big box with lousy ownership. In Owen Sound many independent repair places and all the dealers are still responsible.

Would be nice to know age and make of vehicle.

barrie1 · « **Reply #16 on:** March 17, 2009, 11:15:06 pm »

It does happen way too often as I have had it happen to me years ago as I almost lost a wheel off of my truck when the wheel nuts were not tightened correctly after buying new tires. Wasen't a Canadian Tire store but a private dealer who mucked up on one wheel only. I am surprised that there is much damage as to the speed the car was travelling on the lot when the wheel came off. More info on this car is definitely needed as it may have been a rust bucket underneath for all we know.

Hooked on Cars · « **Reply #17 on:** March 18, 2009, 10:50:36 am »

It is the same everywhere, once I had the tire replaced at ct- the recommended pressure was 32 psi and guy had it loaded up to 64 psi( maximum pressure on the tire)- I was lucky because I found the ride very hard and checked the pressure before the tire got hot and blew up.

I lodged a complaint with ct- but nothing happened. I just stopped taking my car there and I recommend this to all my friends.

Flux101 · « **Reply #18 on:** April 06, 2009, 04:38:58 pm »

Mistakes happen. That's what insurance is for. They didn't argue that they were at fault and handled it the best they could.

Damage to the frame is HIGHLY unlikely.

Out of curiousity, did the vehicle require brake work?

blur911 · « **Reply #19 on:** April 06, 2009, 05:42:38 pm »

Quote from: Flux101 on April 06, 2009, 04:38:58 pm

Mistakes happen. That's what insurance is for. They didn't argue that they were at fault and handled it the best they could.

Damage to the frame is HIGHLY unlikely.

Out of curiousity, did the vehicle require brake work?

If I make a mistake and smash something, that's what my insurance is for. If someone else is neglectful and damages my property I don't call my insurance, the other party is responsible. Why should someone have to put a claim in on their own insurance for that?