Service Center Negligence? Section 88-100
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