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Hello,

I am working on an incident where I went to get the snow tires changed on my 02 Celica GTS, and they only put three (of the 4) tires in the back of the car.

My issue is that since I drove in with 4 matching tires, I want a refund for the 4 tires.

They acknowledge it is their fault. Yet they cannot get the exact replacement tire.

They offered 1 replacement tire (not the same) stating it doesn't matter.

I received an e-mail from them stating they would reimburse the 3 remaining tires and the 1 in full.

I went to the store, and they said it was only at their cost (not what I paid).

My receipt shows only 1 price, not a discounted price (which they will not honor).

I called the corporate office back and they stated they would only pay for 1 non matching tire, and they would not honor the written e-mailed agreement for credit for the remaining 3.

Therefore this is forcing me to purchase 4 tires from their company at full retail prices.

I do not want a credit nor do I want to do business with Town Fair Tire due to deceitful business practices.


Below are some examples of why tires should not be mismatched:
CAUTION: Never mismatch types of tires either on the front or rear wheels. A bias ply tire should never be paired with a radial tire, and vice versa. Likewise, tread design, belt type and overall tread wear should be the same (or similar) side-to-side for proper handling, steering and braking. Intermixing different brands and styles of tires may cause similar problems in some instances.
As for the size of replacement tires, some people will try to use anything that fits. This may not be a good idea because a vehicle's handling, steering and braking characteristics can all be adversely affected by using tires that are too large or too small for the application.
Can affect handling and braking


As a rule, you don't want a mismatched tire on a car for an extended period of time. It's all right in a pinch - for example, you can use a mismatch as a spare while you're getting the regular tire fixed, but in the long run, you don't want to keep it on the car.

If you must use a mismatched tire, it should always be put on a rear wheel. Rotate a tire from the rear to the front if you have a problem with the front tire, and put the mismatch on the rear. This will reduce the problems you'll have with handling. However, you'll still have a problem with braking, especially on wet, icy, and uneven surfaces, or in a panic stop. If the car has anti-lock brakes, the ABS system may operate incorrectly. If the car has stability control, don't do it at all.

Bottom line: all four tires should match, except in a pinch.
Assuming it's the same size, then the worst thing is that it will have different handling characteristics than its pair on the other size. That means when you brake or accelerate, it'll pull or push slightly differently. This will show up in handling -- just a bit. It isn't deadly bad, but it'll eventually cause additional wear on all the tires since you're essentially slightly out of alignment.


Different Handling Characteristics During Rain, Snow, Etc.
If three out of the four were designed better for rain, it might make the car handle poorer having one that could aquaplane.

A: The mismatched tire is a dangerous situation. It should be replaced with the proper size immediately. And they have placed the tire on the worst possible end of the car, the rear. Mis-sized rear tires can lead to a loss of control under hard braking (the car can spin).
The one tire left on the car is almost an inch smaller in diameter. It has a different size contact patch. If the vehicle has ABS, the ABS computer will be confused by the different size tire.  

I am not a lawyer, but have been involved in quite a few lawsuits as a tire expert.  Here's what I see:

First, the rule of law is that they are only obligated to "make you whole"  That is, put you back where you were before the situation - either the same worn tire or the equivalent (and that can mean they pay the equivalent cash!).  Technically, giving you the cost of a new tire is a bit more than that.

There's another rule of law called "mitigating the damage" - that is, the injured party has to do what they can do - even if it costs them money or effort - to deal with the situation.  In this case, that means that the vehicle owner - not the tire shop - is obligated to make the vehicle safe - and that means dealing with the tire mis-match as best it can be dealt with.

And lastly, a judge will look at the email, and so long as it is identifiable as coming from a rep of the tire shop, it will be considered a viable settlement offer - which they really can't take back.

I've been involved in many negotiations of this type, so allow me to give you some advise.

Tone it down.  This post is coming off too strong (which just may be venting!)  Keep everything calm.  Yelling at people is not going to help.  Find a way to work with the shop.  Keep in mind you started off with worn tires, so a free set of 4 new tires is more than the shop needs to do - and they know it.  Be reasonable.

I suspect that the corporate office is just doing normal negotiation tactics.  Disavowing offers made by someone lower in the corporate chain is a common tactic to get the settlement more reasonable.  These guys have negotiated lots of settelements, so they not only know what will work for them, but also how a judge will rule.

You are new and inexperienced at this.  You need to be sensitive to their posturing - being aware of what they are willing to accept and what they are not.  Don't focus on your situation - focus and what you can get out of the negotiation.

Here's an idea:  Negotiate a CASH settlement - and I would suggest a prorate of 4 tires based on wear of the current tires.  They will probably not know that with this offer, they get to keep the tires (they are in essence buying your 3 tires!).  Then sell the 3 tires on Craig's list or eBay.  In the end, you'll probably come out ahead.

Another possibility is a discounted price in the spring when you need to take the winter tires off.  If there are price increases over the winter (almost a sure thing!), then you best tactic is to get a fixed price rather than a percentage off.  The danger here is that this settelemnt will occur in the future and there is always a chance that things will change.  I think an immediate settelemnt would be better.


Good Luck.