Winter tires: do they really have to be retightened after 50 to 100 km?

On the invoice from my tire dealer after fitting the winter tires, it says “Re-tighten after 50 to 100 km”. What is the legal meaning of this?

If new tires are fitted to your vehicle, the workshop will – if it is working properly – tighten the wheel nuts on the four wheels to the specified value with a torque wrench. This value results from the operating instructions for the car. However, in rare cases it is still possible that the wheel nuts slowly loosen. Pulling after 50 to 100 kilometers generally makes sense for your safety and that of other road users. According to information from experts, the driver himself or herself notices that the wheel nuts are loosening, for example due to a restless run.

The driver is only obliged to do so if there is a clear indication

As a driver, you don’t need to know any of this. The tire dealer is therefore obliged to clearly point out the need to retighten. This arises from the contract for work that he concludes with his customers. This reference must be made very clearly. The courts have already decided that it is not enough if the note is small on the bill. Because this is not always read with sufficient intensity. That is why many workshops put a sticker in the car.

The driver is only obliged to receive such a clear indication. And as a customer, you should also meet this obligation. Tightening is possible with a wheel nut wrench or a torque wrench – and it does not depend on the exact compliance with the kilometer limit. It is not always possible in practice.

Contributory negligence on the part of the driver after an accident can be expensive

But who is liable if there is actually an accident due to loose wheel nuts? It depends on the specific circumstances. It must be determined whether and how the wheel nuts have loosened. Experts are very capable of doing this, as can be seen from a judgment of the Regional Court of Munich II of April 9, 2020 (file number 10 O 3894/17). The experts can usually clarify whether the wheel nuts were not properly tightened by the workshop. If this was not the case, the workshop is usually responsible. She has to prove that she has properly tightened the nuts – for example by means of a work log from her employee.

However, the courts assume that the motorist who has not followed the clear advice to follow suit is partly to blame according to the provisions of the German Civil Code, specifically Paragraph 254. And, as court rulings show, this can be really expensive. In the case of contributory negligence, the Munich II Regional Court or the Heidelberg Regional Court (judgment of July 27, 2011 – 1 S 9/10) apply 30 percent of the total damage amount. This also includes any rental car costs and the depreciation of the vehicle.

In order to rule out contributory negligence in court, it is up to the driver to prove that he has tightened the wheel nuts. A witness is of course very helpful for this. So it makes sense in every respect to follow the advice of the workshop – and to pay attention to the running of the car for the first few kilometers after changing tires.

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