Garcia's Tire

Initial Business Response /* (1000, 6, 2016/01/06) */
Contact Name and Title: *** Manager
Contact Phone: XXX XXX-XXXX
Contact Email: ***@sbcglobal.net
December 28,
Mr*** ***
XXXX XXXXXX
San BernardinoCA XXXXX
RE: Vehicle Damage Claim
Loss Date: 10/01/
Dear
Mr***,
Enclosed you will find the evidence supporting our conclusion from our initial inspection
that was conducted on October 3, that still stands
As noted in our October inspection, our analysis concluded that the probable cause of
tire failure was due to the tire impacting an object or adverse road condition (e.g
pothole)This will cause damage to the tire's internal structures that can result from
tremendous forces and impacts during the road hazard/accident sequence
Hence, any noted tire damage, including bead damage, sidewall scuffing, and sections
missing, did not cause the tire failure, but rather resulted from itIn addition, the tire
failure did not occur as a result of over-inflation as claimed by you
The fact that there is obvious deformation to the rim flange substantiates our
conclusionIt is necessary to inspect tire and rim to conduct a comprehensive
inspectionPlease review the report and pictures in the following pages for details
As a result of our findings, Garcia's Tires again must respectfully deny any liability for
any vehicle damages that may have occurred during the incident
Please understand that owning a vehicle can give rise to unexpected costs including
accidents and that automobile insurance provides the safety net for these types of
misfortunesWe at Garcia's Tires appreciate your business and look forward to
assisting you with your future tire needs
If you have any further questions, please contact us
Cordially,
*** ***
Manager
Garcia's Tires
(XXX) XXX-XXXX
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I
NCIDENT ANALYSIS
CUSTOMER INFORMATION:
Name: Mr*** ***
Complaint:
On September 30, *** phone called in to complain about a blown tire
claiming that the tire blew due to over inflation and that the blown tire lead to his vehicle
sustaining damage*** claims that the technician had inflated the tire to PSI
which led to the tire failure*** continued to argue that the police officer at the
scene of the incident when the tire failed, and the AAA tow truck driver that towed his
vehicle, told *** that the tire blew because of over inflationIn addition, ***
explained he had consulted tire professionals, owners manual, and a lawyer and
concluded "that the damage to the car was in fact due to over inflation" and that the "tire
shop failed to fill the tire to the correct PSI (29)"*** requested Garcia's Tires to
pay for the cost of repairing his vehicle for the reasons that the tire blew because of
over inflation and that he was a student that could not afford to pay for the damages
On October 3, 2015, *** had his vehicle towed in to the shop with the blown tire
still on the vehicleA Garcia's Tire technician removed the tire/wheel assembly from the
vehicle and proceeded to install ***'s spare tire by requestGarcia's Tire received
the tire and rim for inspectionUpon installing spare, *** drove away in his
drivable vehicleSeconds after driving, *** asked to get a small piece of the wheel
well liner cut and removed because it was flapping against the front right spare tireThe
technician honored the request*** continued his departure in his drivable
vehicle
A few days after, *** came to pick up his wheel and tireManagement
communicated the assessment and concluded to *** that the cause of tire failure
was due to a road hazard based on the characteristics of the tire failure and the
deformation present on rim exactly where the sidewall of the tire has a section missing
consistent with such casesFurther, management also explained the cause of tire
failure was not what *** claimed, (tire failure do to over inflation), and it was also
communicated that the tire failure did not appear to be a manufacturers defect
Unsatisfied with the conclusion and the inability to pass the cost of repair to his vehicle
to the shop, *** stated that he would send it in to the manufacturer at his personal
request to create a response from the manufacturer
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JOB ORDER DETAILS: ***
Date of installation: September 29,
Vehicle: Toyota Camry LE
Technician/Installer: A.D., Senior Technician
Experience of technician: years
Job Type/Classification: Standard Installation
Difficulty level: Very low
Job orders in queue: None
Stated Air Pressure: psi cold
Complications during install: None
FINDINGS
Date of Inspection: October 5,
-Top tread and steal belt is intact
-Top tread surface area has signs of skid wear marks
-Inner lining of sidewall shows run-flat damage, scuffing and discoloration
-Outer sidewall shows run-flat damage and abrasions
- Outer sidewall has long groove marking
-Sidewall has small section missing from bead to shoulder
-In same location of section missing, rim flange has deformation present
consistent with tire and rim impacting an object on the road or adverse road
condition (e.g.pothole)
-Remaining circumference of rim flange has no other signs of deformation
-Specification on sidewall details that tire can be operated with up to PSI
(cold)
CONCLUSION
Tire failure was due to a road hazard which is a result of the tire impacting an object on
the road or adverse road surface condition (e.gpothole)A tire impacting an object or
adverse road condition can cause localized sidewall damage coinciding with localized
rim flange deformation as evident in this case
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Furthermore, damage to the tire's outer and inner structures (such as sidewall, tire
beads, and radial belts), in the form of tears, radial splits, and sidewall scuffing, are not
unusual and are as a result from tremendous forces and impacts during the road
hazard/accident sequence
Our conclusion was verified by two relevant, independent, third party industry
professionals who inspected the tire and rim while in our possession
REMARKS
Moreover, our records show that the technician that installed the tire adjusted the air
pressure at psi coldThis measurement is within the safe operating limits of this tire
as indicated by the sidewall description of the tire which states (psi) max pressure
Therefore, your claim of tire failure due to over inflation is invalid
In addition, a comprehensive investigation should include an inspection of the rim the
tire in question was mounted onBased on Falken's Inspection report, it seems that no
rim was provided to them for inspection, nor any pictures of the rim submitted, and
knowledge of the deformation of rim flange where a section of the tire sidewall is
missing was withheldThe rim's deformation was clearly communicated to you in the
initial inspection on October fifth and is material factFurthermore, separation or fracture
of the bead and its components may occur during the inflation process resulting in bead
failure at the bead and bead bundleIn such cases, the circumstances are unavoidable,
as well as a recognized risk by the tire industry, and is not a consequence of negligence
or mounting errorLikewise, separation, fracture, and tearing of the bead and its
components can occur while dismounting a tireThis is especially true when there is
existing alteration and damage to the bead area and its components; when there are
exposed bead components and material; and when there is an unevenness bead
surface for the dismounting tool to followSuch cases are also unavoidable and are not
as a consequence of mounting errorSimilarly, for reasons stated in the conclusion,
damage to a tire during a road hazard incident can manifest different characteristics on
the failed tire and are not a mounting errorSuch characteristics are determined by, but
not limited to, the object or road condition impacted, the shape of the object, the speed
of the vehicle at the time of impact, the drivers' maneuvering reaction, and the
circumstances of the impact including road conditionsGiven these facts, Falken's
Inspection report is inconclusive
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PICTURES HAVE BEEN PROVIDED TO CONSUMER
( UN-LOADABLE IN THIS SECTION)
Figure
View of tire in its original state before it was removed
Figure
Outer sidewall with damage
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Figure
Inner sidewall lining with damage
Figure
Tread area with skid mark
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Figure
Sidewall of tire showing psi specifications
Figure
Angled view of rim showing rim flange deformation
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Figure
Front view of rim showing location of rim flange deformation
Figure
Magnified view of rim flange deformation before tire removed from rim
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Initial Consumer Rebuttal /* (3000, 9, 2016/01/07) */
(The consumer indicated he/she DID NOT accept the response from the business.)
Garcia's tire, as stated before by me, still refuses to accept responsibilotyInstead they have tried their best to construct an argument that simply did not happenNo road hazards were present on the day of the accidentI know this because I was driving the carI went through the experience myselfThe freeway was clear and the tire decided to give outWhen a car is going at high speeds and the tire blows, the high impact on the ground and speed the rim is going without a proper filled tire, damage will ofcourse happenGarcia's argument claims that the damage to the vehicle,tire, and rim could have only need done by a road hazard
As I stated from the beginning, the damage done to the car seemed to be due to the tire blowing from overinflationThere was no other explanation at the timeThe PSI on the remaining three tires was way over what Toyota recommendsAny outside ranges (psi) are dimmed dangerous and inefficient
Falken Tire's report shows that there is mounting damage during installation of the tireFrom my understanding, this damage was proven to be there after over inflation of the tire causing it to explodeThe experts at Falken have taken more than days to come to that conclusion