Blown lorry tyre hits my car, who's at fault ?
Discussion
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 !
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 !
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.
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.I'd say it was the lorry's fault, as another poster has said, something came off the lorry and hit his vehicle. Whether there's any negligence there or not if the lorry hadn't been there, there wouldn't have been an accident!
Added to the fact that the axle might have been overloaded inadvertently, with a tyre that hadn't been inspected properly before moving off, are all factors that would need to be taken into account.
Added to the fact that the axle might have been overloaded inadvertently, with a tyre that hadn't been inspected properly before moving off, are all factors that would need to be taken into account.
If something had fallen off the truck it would classed as an insecure load and the driver would of been negligent and to blame , also if the truck was overweight ( which would have to be proven and in my mind doubtful ! ) , then also the driver is negligent .
Truck tyres are subject to tremendous pressures and takes very little (a nail!) to fail - normally with a very loud bang ( about 150psi ) and quite often accompanied by the tread ripping it's self off and throwing itself quite a distance .
I do however think that you shouldn't be liable for the cost , if the insurance won't fight it - i would personally take the haulage company to the small claims court and sue for compensation . Your a innocent party after all.
Truck tyres are subject to tremendous pressures and takes very little (a nail!) to fail - normally with a very loud bang ( about 150psi ) and quite often accompanied by the tread ripping it's self off and throwing itself quite a distance .
I do however think that you shouldn't be liable for the cost , if the insurance won't fight it - i would personally take the haulage company to the small claims court and sue for compensation . Your a innocent party after all.
I'd have thought you could claim that the tyre wasnt maintained properly - isnt that the usual reason for failure?
Ask for the maintenance records, when they last checked the pressures and history for this tyre. They probably wont have any. It's their tyre it hit your car, their payout.
What do the accident management companies like europa say about it?
Ask for the maintenance records, when they last checked the pressures and history for this tyre. They probably wont have any. It's their tyre it hit your car, their payout.
What do the accident management companies like europa say about it?
hmmm.
A bit different, but a while back, there had been an accident that had just been moved to the hard shoulder on the motorway where two cars had crashed. Some shrapnel from the glass and bits of car had gone into the motorway.
My dad had driven past shortly after the accident, and some of the shrapnel puncturedd his tyre - he didnt think anything of it and pulled over about half a mile away.
While waiting for the breakdown people, the police drove past, then stopped and went back to him, and handed him the insurance details of the car that had caused the crash - apparently his insurance is liable for the debis caused from the accident, so my dads tyre got paid for by their insures.
So surely the OP's case is not much different?
A bit different, but a while back, there had been an accident that had just been moved to the hard shoulder on the motorway where two cars had crashed. Some shrapnel from the glass and bits of car had gone into the motorway.
My dad had driven past shortly after the accident, and some of the shrapnel puncturedd his tyre - he didnt think anything of it and pulled over about half a mile away.
While waiting for the breakdown people, the police drove past, then stopped and went back to him, and handed him the insurance details of the car that had caused the crash - apparently his insurance is liable for the debis caused from the accident, so my dads tyre got paid for by their insures.
So surely the OP's case is not much different?
TheCarpetCleaner said:
hmmm.
A bit different, but a while back, there had been an accident that had just been moved to the hard shoulder on the motorway where two cars had crashed. Some shrapnel from the glass and bits of car had gone into the motorway.
My dad had driven past shortly after the accident, and some of the shrapnel puncturedd his tyre - he didnt think anything of it and pulled over about half a mile away.
While waiting for the breakdown people, the police drove past, then stopped and went back to him, and handed him the insurance details of the car that had caused the crash - apparently his insurance is liable for the debis caused from the accident, so my dads tyre got paid for by their insures.
So surely the OP's case is not much different?
Proximate cause. A bit different, but a while back, there had been an accident that had just been moved to the hard shoulder on the motorway where two cars had crashed. Some shrapnel from the glass and bits of car had gone into the motorway.
My dad had driven past shortly after the accident, and some of the shrapnel puncturedd his tyre - he didnt think anything of it and pulled over about half a mile away.
While waiting for the breakdown people, the police drove past, then stopped and went back to him, and handed him the insurance details of the car that had caused the crash - apparently his insurance is liable for the debis caused from the accident, so my dads tyre got paid for by their insures.
So surely the OP's case is not much different?
hora said:
If a tyre came off my car and hit a motorcyclist- he couldnt claim squat against me even though MY CAR caused an accident to him?!
Funnily enough I assumed he would. It would be your fault for not maintaining your vehicle, whether it be loose wheel nuts or a faulty tyre. Surely that's what insurance is about.It becomes more tricky if the motorcyclist swerved to avoid your tyre and runs over a pedestrian.
Failed to do wheel up properly = your negligence.
Faulty rubber = not negligent but possible claim against manufacturer.
Ran over a nail = not negligent
....and all points in between.
Liability follows negligence. Not bits of your car.
But there is usually a decent chance of claiming from lorries. But it isn't a certainty.
Faulty rubber = not negligent but possible claim against manufacturer.
Ran over a nail = not negligent
....and all points in between.
Liability follows negligence. Not bits of your car.
But there is usually a decent chance of claiming from lorries. But it isn't a certainty.
saaby93 said:
I'd have thought you could claim that the tyre wasnt maintained properly - isnt that the usual reason for failure?
No, Do you have any evidence to the contrary.
Vehicle checks daily, inspections monthly etc, prob more than a car ever get.
But that still doesn't stop wheels (not tyres) coming off frequently as the daily checks may not be done properly.
[quote=blueflash]If something had fallen off the truck it would classed as an insecure load and the driver would of been negligent and to blame , also if the truck was overweight ( which would have to be proven and in my mind doubtful ! ) , then also the driver is negligent .
quote]
Lots of trailers are sealed at depots, how does a driver check the internal load ?
If a/every site doesn't have a weighbridge (costing £££££££££) how does a driver check his axle weights are not over due to poor loading, even though the truck weight may be under max,??
quote]
Lots of trailers are sealed at depots, how does a driver check the internal load ?
If a/every site doesn't have a weighbridge (costing £££££££££) how does a driver check his axle weights are not over due to poor loading, even though the truck weight may be under max,??
speedyguy said:
saaby93 said:
I'd have thought you could claim that the tyre wasnt maintained properly - isnt that the usual reason for failure?
No, Do you have any evidence to the contrary.
Vehicle checks daily, inspections monthly etc, prob more than a car ever get.
But that still doesn't stop wheels (not tyres) coming off frequently as the daily checks may not be done properly.
They check the nuts at VOSA inspection points but theyre not too common
If a wheel comes off and it damages something surely the wheel insurance would be expected to pay out. Isnt that what insurance is for?
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