Blown lorry tyre hits my car, who's at fault ?

Blown lorry tyre hits my car, who's at fault ?

Author
Discussion

GC8

19,910 posts

192 months

Monday 1st March 2010
quotequote all
Theres no need to spit your dummy out. Would you like to drive twenty tonnes of hot tarmac on a budget remould steer.

DJFish

5,934 posts

265 months

Saturday 8th November 2014
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I thought I'd resurrect this thread as my pal at work is in a bit of a pickle.

He was hit on the motorway by a runaway wheel from a small trailer.
The owner of the trailer admitted it was his wheel and my pals insurance paid out and repaired his car, but they won't give his excess back.

He's on a protected no claims policy but the insurer is arguing that the accident wasn't the cause of negligence as the owner had a record of an inspection for the trailer that had been carried out shortly before the accident.

However they also admitted that the only section of the inspection report that hadn't been ticked was the "Wheel nuts present and tightened" box.

Despite this the insurers won't budge and are attributing blame to my buddy and refusing to pay back his excess.

Is this normal?

SV8Predator

2,102 posts

167 months

Saturday 8th November 2014
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Are you sure they're "attributing blame" to your buddy? I doubt very much that they are doing that.

He's claimed off his insurance. The policy has an excess. I'm sure his household policy has similar.

DJFish

5,934 posts

265 months

Saturday 8th November 2014
quotequote all
As far as I understand it, if another party is at fault then the excess should be claimed from them, which the insurer is refusing to do in this case saying the trailer owner isn't to blame, despite evidence to the contrary.

Cyberprog

2,204 posts

185 months

Saturday 8th November 2014
quotequote all
If the insurance co won't run with it, approach the insured parties insurer directly, and failing that, small claims against the insured party (who will then refer it to his insurance company) directly.

If the inspection is missing the wheel nuts bit, then he may then have a claim against the person who carried out the inspection, so he may opt to pay your claim and claim from them in turn, who will involve their insurer who will probably cough up.

I'm making a few assumptions here, but if I was in a similar situation, that would be what I'd do.

Mave

8,209 posts

217 months

Saturday 8th November 2014
quotequote all
Cyberprog said:
If the insurance co won't run with it, approach the insured parties insurer directly, and failing that, small claims against the insured party (who will then refer it to his insurance company) directly.
But the other guy hasn't been negligent has he? He has paid to have his trailer inspected, so his insurer have no need to settle a claim. I would have thought the 3rd party would need to claim from the garage directly.

Tomo1971

1,134 posts

159 months

Sunday 9th November 2014
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Insurance companies are like water.... they will always take the easiest route to get out. In this case, just refusing to pay. That doesnt mean its the 'right' way, just the quickest and easiest for them. You need to push the right buttons

jaf01uk

1,943 posts

198 months

Sunday 9th November 2014
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I've often heard a certain robotic member in sp&l quote the phrase "owing to the presence of a motor vehicle an accident occurs.........." relating to various things driving related (usually a vicinity polac with no physical crash), so logically could that not be the case here? as in if the lorry had not been there then no damage would have been possible?

Cyberprog

2,204 posts

185 months

Sunday 9th November 2014
quotequote all
Mave said:
But the other guy hasn't been negligent has he? He has paid to have his trailer inspected, so his insurer have no need to settle a claim. I would have thought the 3rd party would need to claim from the garage directly.
He has been negligent - he didn't check the inspection form and flag with the garage that the wheel nut check hadn't been done. A fairly crucial thing if you've had the wheels off to check brake pads/drums.