Wheel fallen off at speed - is garage to blame?

[FranSpeed3]

Not sure whether to laugh or cry .

Driving down road when felt a jolt from back of car. 2 seconds later back of car dropped and looked in mirror to see rear wheel coasting alongside. Came gracefully to a halt with hub on the ground and wheel came to rest next to vehicle. A scene worthy of a few quid on 'you've been framed' but very lucky escape having just spent last two hours on the motorway

Car was serviced just 800 miles and a couple of weeks ago and I know they would have removed wheels. Reckon they might not have tightened up the nuts properly.

Question is what's the legal position vs. taking action against the garage (a main dealer).

All help appreciated

[mmm-five]

I'd have thought you'd have no chance of a claim against the garage after 800 miles!

I check my wheel bolts as part of my weekly (or long distance) pre-flight check - which includes fluids, tyres & pressures, lights, etc.

[Dwight VanDriver]

You will have to prove on the balance of probability that the Garage did remove the wheel and failed to tighten the nuts. Evidence for this will be from a Motor Engineer who may be able to see chaffing on the studs from a loose wheel. Generally the studs are worn to a point and the stud holes elongated. This together with your own testimony and Service record may sway a Civil Court Judge if you took proceedings under Small Claims procedure (under £5,000).

Lucky Plod was not around as it is an absolute offence to use a vehicle the parts and accessories of which are in such condition as likely to cause danger.

How well are you in with the Garage Service Manager to see if they will bear the cost. Alas time and mileage since service may not bear well with him plus they may say you need to do an inspection of wheels etc after a service?

dvd

[BIG DUNC]

I would go down the route of trying for a free repair ( any other damage to car / hub / studs etc ) off the garage before taking the court route.
As stated, 800 miles is not like the next day.
Do you KNOW the wheels were off ( a lot of cars now, you can check the brake pads without removing the wheel, so why would it be taken off as part of the service - unless they changed the pads ).
A lot of garages now have it printed on their receipt ( or at least the small print ) "please check the torque of the wheel nuts after 50 miles or two days driving". Did they have something similar, and if so, can you prove you did it?

I would definately go to the garage with the "you serviced my car, and this happened. I am a good regular customer, but if you want to see another penny off me, then make sure you replace all the damaged bits you have caused" line.
If you were to take them to court, what are you trying to get out of them?

[Strangely Brown]

I have trouble believing that all of the wheel nuts came undone simultaneously and that you never felt any kind of wheel vibration prior to it actually coming off.

I have experienced loose wheel nuts before (long before they had unwound enough to come fully off) and the vibrartion is so obvious that there is something wrong that anyone who cannot feel it really shouldn't be driving.

Just my £0.02

[FranSpeed3]

Strangely Brown said:

I have trouble believing that all of the wheel nuts came undone simultaneously and that you never felt any kind of wheel vibration prior to it actually coming off.

I have experienced loose wheel nuts before (long before they had unwound enough to come fully off) and the vibrartion is so obvious that there is something wrong that anyone who cannot feel it really shouldn't be driving.

Just my £0.02

Had some trouble believing it myself as I'm sure you can imagine, but rest assured the power of a locking wheel nut and the insensitivity of a pickup truck rear end had masked it. From what I could see, it went when two of the mounting studs snapped off.

[cptsideways]

Overtorque'ing of the studs can cause shearing. I'd be checking the torque of the other nuts to see what damage had been done.

I would suggest this is done by a professional engineering outfit, apply tightening torque to the nuts/studs and see at what torque they tighten. If its anything greater than say 20% of specified you know what your dealing with. Overtightening.