Auto Insurance Claims: wheel came off, small claims court, rental coverage


Question
I just had 4 snow tires put on 2007 HHR on Friday.  Not 1/2 down highway, wheel fell off and rolled down the highway, car dropped.  Both front wheels' lugnuts had been hand-tightened only.  Extensive damage to quarter panel, undercarriage, etc.  Isn't the shop that did this work responsible for this? They are trying to cover it.  Car is at body shop being checked over for damage.  Had to rent a car.  How best to proceed?  Have police report...should my auto insurance be involved at all?  Thank you for any help, shop is trying to say we have some fault...all we did was pull out, go 500 ft and turn around and were on the way right back because something seemed very wrong.

Answer
Hi Juli,
As you describe the situation, the tire shop is 100% responsible for your damage.  You are very lucky that it happened after 500 feet and not a day or two later when they could have had some deniability.
The tire shop should have a garageowners liability policy
that will pay all your damage.
In my opinion, the best way to handle this is to make a report to your own insurance company.  
They will repair your vehicle (less your deductible) and do all the work to recover from the tire shop and their insurance company.  If you carry car rental coverage under your policy, they will also provide you with a rental
vehicle.  Upon recovery, they will reimburse your deductible back to you.
Your other option, which I do NOT recommend, is to learn their garageowners insurance company and file a claim against them.  In the absence of such a policy, you would have to file small claims court action and the entire process could drag out for several months.  In the meantime, you would be paying a very large amount of 'out of pocket' money for car rental.
I trust this has been of help, please write again if I can be of more assistance.
Your feedback by rating my answer will be appreciated.
Sincerely,
Bennie
San Francisco Bay Area 11-24-07 3:18 PM PST