So, after my recent issue with a damaged tire, I reached out to the builder who is building two homes on my street in hopes for compensation for the approximately $200 I had to shell out to replace a destroyed Conti DWS.
After speaking with someone on the phone, I sent over the details, including photos of the damage.
Thank you for looking in to the issue.
As we discussed, my wife suffered tire failure on the way to work on Tuesday, 1/13/15. Her right rear tire went flat on the highway at speed, resulting in the inner sidewall failing, destroying the tire.
Upon inspection of the damaged tire I found multiple, evenly spaced nails in the center tread block. This arrangement points to nails used in a nail gun.
I live on Chesser Loop Circle in the Cottages at Chesser community. There are currently two homes being built by DR Horton on my street.
My wife's commute takes her from the neighborhood, to 280, Old 280, 11, 52 and on to I-65. There are no construction zones on her commute aside from the new homes in our community.
I'm confident that the damage to the tire is a direct result of nails discarded/dropped at one of the construction sites on my street. I appreciate your assistance in providing compensation for replacement of the damaged tire.
I have attached photos of the damage to the tire. I have receipts for the tire replacement, mounting and balancing that can be provided for reimbursement. I also have the damaged tire, nails intact, if needed for inspection.
Thank you for your help.
And I received this response ...
Mr. Williams, I spoke with my manager and discussed the pictures you sent me. The policy at D.R. Horton is that we do not cover tire damage like what you have had happen. Although you do not normally travel anywhere there may be nails in the roads, there is no definite proof that these are nails from the contractors working in your area.
I am sorry you have tire damage, but we are not able to give you any reimbursement assistance.
Obviously, this wasn't what I wanted to hear. I kept it civil, and issued this in response ...
I understand that there is no way to definitively know that the nails originated from DR Horton construction, but the most plausible explanation is that they did come from construction on my road.
Yes, nails can come from many places, but nails specifically from a nail gun commonly used in residential construction are much more likely to come from a residential construction site than, say, randomly falling off of a truck. Ignoring that fact is not logical.
I'll also state that if this happens so often you need a policy in place to address it, the issue basically states itself.
This is actually the third tire I've had damaged during construction in this neighborhood. The previous two were repairable and did not need replacement, so I didn't feel the need to address it with the builder. This one was obviously more severe.
I do not agree with your management that there is any other plausible explanation for the tire damage than it originating at one of the construction sites in my neighborhood. I'm also saddened that DR Horton is the kind of company that would attempt to ignore such an obvious issue and write it off as a random incident. I feel that an ethical company would see the most likely scenario and do the right thing.
Yes, I know that a lawyer will say that without absolute proof, I don't really have a leg to stand on. But, seriously, five nail gun style roofing nails in a tire with the brass tangs that hold them together still intact ... come on. As I said to the guy at D.R. Horton ... look at the evidence provided and do the right thing.
I have a photo of discarded nail gun nails at the edge of the road from one of the construction sites , but they aren't the same roofing nails that I took from the damaged tire. I've got to check the other site to see if there is anything more definite there.
I could understand plausible deniability if it were a single nail, but this issue is a bit more defined. The immediate shirking of accountability here astounds me.