To recover damages for a hydroplane incident attributed to faulty tires, you can follow these steps:
Review and Preserve Evidence: Collect and securely store all relevant evidence, including your dashcam footage, repair receipts, tire purchase records, and any witness statements. The dashcam footage is crucial as it substantiates your claim that the hydroplane was caused by faulty tires.
Determine Liability: Identify the parties potentially responsible for the tire defect. This could include the tire manufacturer, dealer, or service center that installed the tires. Assess whether the defect was due to manufacturing errors, improper installation, or other factors.
Consult an Expert: Consider hiring a mechanical expert to evaluate the tires and confirm that the issue was due to a fault rather than user negligence or wear and tear. A professional assessment can bolster your case.
Legal Consultation: Contact a personal injury or product liability attorney who specializes in automotive-related claims. They can provide legal guidance specific to your jurisdiction and help assess the viability of your claim.
Negotiate with Insurance: Notify your insurance provider about the incident and share the evidence. The insurance company may pursue a subrogation claim against the responsible party or parties to recover the payout they make to you.
File a Claim or Lawsuit: If the responsible party is identified and negotiations fail, your attorney can help you file a claim or lawsuit. Claims against manufacturers usually fall under product liability, where you must prove that the tire was defective and directly caused the hydroplane incident.
Statute of Limitations: Be aware of the statute of limitations for product liability or personal injury cases in your state. This defines the time frame within which you must initiate legal action.
Settlement or Trial: Many such cases settle out of court, but if the negotiation does not lead to a favorable outcome, a trial may be necessary. A lawyer will help prepare your case, using evidence and expert testimony to argue for damages.
By following these steps and leveraging your dashcam footage along with other evidence, you increase your chances of successfully recovering damages for the hydroplane incident.
