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

[evil len]

Just before xmas I was going down the M6, the lorry just ahead of me blew a trailer tyre, the carcass of which span across the road and hit my car (bumper, wheel, suspension damage)

Obviously it's all going through the insurance as I speak (hope to pick up my car tomorrow), but I'm curious as to the precident with this, because in my mind it's 100% the lorry drivers 'fault' (i.e. a claim on his insurance, not mine).

At the moment though the situation is that I've had to fill in the old form (diagram, description of what happened etc), I'm going to have to pay my excess of £275, and apparently my insurers have not heard anything from their insurance company.

Just starting to worry a bit that this might end up a claim on my insurance, or 50/50 even.

Anyone had any experience of this ? What is the "normal" outcome for this kind of accident ? Thanks !

[evil len]

I'm not claiming that the lorry driver did anything "wrong" as such (i.e. he's not negligent) ... stuff happens, and there doesn't always have to be blame ... but the fact is (putting it another way) that something "fell off" HIS vehicle and hit my vehicle. He did nothing to deliberately cause the accident, but it was because of his vehicle that there was an accident.

I would point out (before someone says something ) that I was in the middle lane and I had other vehicles all around me, so swerving to avoid the moving tyre wasn't really an option.

[evil len]

gshughes said:

evil len said:

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

God?

Where do I get His insurance details from ?

[evil len]

Thanks for the replies guys, certainly raised my spirits. I'll read that old PH thread tonight. I guess what this might come down to is a long and annoying legal/insurance company fight, but it sounds like I should have a good case ...

[evil len]

Just thought I'd let you know the outcome to this. Looks like I've "won", got a cheque in the post from the insurers for my excess ... no letter, no explaination, just a big cheque LOL ... (looks like I'll have to give them a ring and get the full sp)

Edited by evil len on Saturday 27th February 12:54

[evil len]

oldsoak said:

In the UK the word is 'CHEQUE'... thought you should know...

Good lord, senility is taking over me !!! I'm normally the first to be a grammar nazi (don't get me started on 'their' etc) ! So sorry, must try harder

(edited to add, not only did I do it once, I spelt it wrong twice !!!)

Edited by evil len on Saturday 27th February 12:55

[evil len]

oldsoak said:

As it was, I had left a good sized gap so was able to avoid the debris and continue my journey undamaged.

All well in your circumstances (and I'm glad you're okay) but speaking of my personal case, I was in the middle lane with cars either side of me ... swervage could have resulted in sideswipage

[evil len]

jagracer said:

Make sure it doesn't impact on your renewal costs, insurers either suffer from convenient memory lapses or don't take into account who's fault it was.

Aye, hence why I need to give them a ring. Just seems odd for them to send a cheque with no covering letter (unless that's AWOL in the post of course)