Service Center Negligence? Section 88-100

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zixiao
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Service Center Negligence? Section 88-100

by: zixiao on
Fri Nov 06, 2009 12:26 am

This is probably a not-often-referenced section of the HTA for this forum, but here goes:

So I get a used car on 17th and within a week, during the first drizzle since I got the car, my car spun off the road. No one was hurt and I didn't get charged by the attending officer.

So my insurance company sends an adjustor to look at the car and sees that the front tires are "100% worn out down to the replacement bar" and advises the insurance company not to cover them. The collision center also agrees that the tires are worn but just wants someone to buy some tires. I get where my insurance company is coming from, so whatever I'll pay for some tires.

Now under the HTA (section 90) and HTA Regulation 611 (schedule 2, section 7), these tires should have been fine. It seems clear to me that the garage that did the safety inspection overlooked the front tires. FURTHERMORE I think the dealership that sold me the car was negligent, but I don't think he is responsible for ensuring the safety of the car; that's what the safety inspection is done for.

So now my question for you guys: what can I do? It seems to me that the garage is obviously at fault and I'd like them to compensate me for the tires and my deductible since the worn out tires was probably the cause of my accident (difficult to prove?). Would I even get compensated or will the garage just get their license taken away leaving me with nothing?

I don't even know what area of law to persue this matter under so any help would be appreciated.

Thanks in advance


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by: hwybear on
Fri Nov 06, 2009 7:54 am

zixiao wrote:. It seems clear to me that the garage that did the safety inspection overlooked the front tires. FURTHERMORE I think the dealership that sold me the car was negligent
You mention a garage and a dealership???

Anyway, call the MTO and by that I mean call a MTO TIS (Truck Inspection Station) and ask if an MTO Auditor can contact you and explain the situation. An MTO Auditor is an MTO officer that goes around and audits trucking company books and garage/mechanics licences.
Keep the tires too.

Then go from the results of that
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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by: Squishy on
Fri Nov 06, 2009 7:03 pm

I don't have any legal suggestions, but when you get new tires, make sure the old rear tires are rotated to the front and the new tires are put on the rear. If the tires are not directional, rotate them side to side when you do oil changes; if they are directional, you are stuck with that configuration until the tires wear out.

You should NEVER have more traction in the front than the rear, regardless of where your drive wheels are. Of course, the best solution will be to get four winter tires for the season, then four new, matched tires to replace the worn out summers (all-seasons do not exist in Canada).
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by: p4d on
Fri Dec 11, 2009 10:43 am

Squishy wrote:
You should NEVER have more traction in the front than the rear, regardless of where your drive wheels are. Of course, the best solution will be to get four winter tires for the season, then four new, matched tires to replace the worn out summers (all-seasons do not exist in Canada).
??? 80% of the braking and 100% of the steering comes from the front tires. You should never have wider tires or lower profile tires on the front as the difference in slip angle can cause oversteer. I agree about snow tires, Jamaca can have all season tires, not Canada.

Year ago I did a safety on a car, 3 days later the car was in an accident with very serious injuries. I was sued as the tires were all garbage. The service manage had a policy that all safeties signed would also have the serial numbers of the tires on the work order. That is why I was able to keep my house and why I'm not working for that little sh!t. When that info came out and the case was drop the kid admitted that he "borrowed his friends tires for the safety.


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by: Reflections on
Fri Dec 11, 2009 5:05 pm

This world is all about CYA, Cover Your A$$.

Cause, if you bend over for a minute, someone will try to ............well :oops:
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


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by: Squishy on
Fri Dec 11, 2009 10:33 pm

p4d wrote:
Squishy wrote:
You should NEVER have more traction in the front than the rear, regardless of where your drive wheels are. Of course, the best solution will be to get four winter tires for the season, then four new, matched tires to replace the worn out summers (all-seasons do not exist in Canada).
??? 80% of the braking and 100% of the steering comes from the front tires. You should never have wider tires or lower profile tires on the front as the difference in slip angle can cause oversteer. I agree about snow tires, Jamaca can have all season tires, not Canada.

Year ago I did a safety on a car, 3 days later the car was in an accident with very serious injuries. I was sued as the tires were all garbage. The service manage had a policy that all safeties signed would also have the serial numbers of the tires on the work order. That is why I was able to keep my house and why I'm not working for that little sh!t. When that info came out and the case was drop the kid admitted that he "borrowed his friends tires for the safety.
New tires always go on the rear when purchased in sets of two, this is standard practice in most reputable shops and recommended by all major tire manufacturers. Ever tried panic braking or taking a turn too quicky in a car equipped with just winter tires on the front? You quickly spin out and lose control. The same principles apply on dry and wet roads, though the safety margin is larger. Most drivers respond poorly to oversteer, so it is always best to set a commuter car up for understeer. It is true that most of the braking and all of the steering is done by the front, and this is why purchasing tires in sets of two is simply stupid. But, cheap people will be cheap, so GOOD TIRES ON THE REAR.
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