Tyre on the M25
Discussion
So a friend cam eot pick me up from Heathrow, but on the way (at 5:15am ish), along with apparently five/six others, managed to hit a lorry tyre that had come off a vehicle, yet had not been moved.
Notwithstanding level of alertness or anything like that, are such 'incidents and accidents' covered by the Untraced Driver part within the MIB?
he's spoken to his insurance firm and they (surprise surprise) didn't want to know about that - they were just interested in taking his excess.
Many thanks
Notwithstanding level of alertness or anything like that, are such 'incidents and accidents' covered by the Untraced Driver part within the MIB?
he's spoken to his insurance firm and they (surprise surprise) didn't want to know about that - they were just interested in taking his excess.
Many thanks
What level of damage is there?
Do you know which lorry it came off? We had a similar thing in the dark on the M5 years ago. In our case though the lorry had stopped up the road as it was a front tyre so we (along with the other 5 or 6 cars) were able to get the company details. Only prob was neither insurance company wanted to know really. Can't remember off the top of my head as it was a while back but I think they trotted out the line that it was my fault as I should have avoided it. But being dark, towing a boat on the M5 on a busy bank holiday Monday evening with three full lanes of traffic swerving or stopping to avoid a pinballing tyre was out of the question. Luckily the small claims court agreed with us and we recovered the costs to get the car repaired that way from the lorry operator.
Do you know which lorry it came off? We had a similar thing in the dark on the M5 years ago. In our case though the lorry had stopped up the road as it was a front tyre so we (along with the other 5 or 6 cars) were able to get the company details. Only prob was neither insurance company wanted to know really. Can't remember off the top of my head as it was a while back but I think they trotted out the line that it was my fault as I should have avoided it. But being dark, towing a boat on the M5 on a busy bank holiday Monday evening with three full lanes of traffic swerving or stopping to avoid a pinballing tyre was out of the question. Luckily the small claims court agreed with us and we recovered the costs to get the car repaired that way from the lorry operator.
My one and only (touches wood) 'crash' was hitting a lorry tyre, on the inside lane coming up to a slip road. The lorry in front just went straight over the top of it so by the time I saw it, it was either swerve all over the shop/risk getting it caught under a wheel or go into it. Fortunately it was only a few quids worth of spliter that it took off (and a slightly banana shaped radiator but it didn't leak).
I didn't bother with Insurance but unless you know whose tyre it was, and could prove their negligence, it will be down to your Insurers.
chrisga said:
What level of damage is there?
Do you know which lorry it came off? We had a similar thing in the dark on the M5 years ago. In our case though the lorry had stopped up the road as it was a front tyre so we (along with the other 5 or 6 cars) were able to get the company details. Only prob was neither insurance company wanted to know really. Can't remember off the top of my head as it was a while back but I think they trotted out the line that it was my fault as I should have avoided it. But being dark, towing a boat on the M5 on a busy bank holiday Monday evening with three full lanes of traffic swerving or stopping to avoid a pinballing tyre was out of the question. Luckily the small claims court agreed with us and we recovered the costs to get the car repaired that way from the lorry operator.
Out of curiosity, how did the small claims court decide that the lorry operator was 'at fault' ?Do you know which lorry it came off? We had a similar thing in the dark on the M5 years ago. In our case though the lorry had stopped up the road as it was a front tyre so we (along with the other 5 or 6 cars) were able to get the company details. Only prob was neither insurance company wanted to know really. Can't remember off the top of my head as it was a while back but I think they trotted out the line that it was my fault as I should have avoided it. But being dark, towing a boat on the M5 on a busy bank holiday Monday evening with three full lanes of traffic swerving or stopping to avoid a pinballing tyre was out of the question. Luckily the small claims court agreed with us and we recovered the costs to get the car repaired that way from the lorry operator.
Can't remember exactly as it was quite a long time ago now but the lorry company definitely paid. I think we had done some research and found the operator had a dubious safety record as well. Thinking about it they may have made the offer when they received the papers so you're right the court may not have had to decree them "at fault" but we ended up with the money because of the small claims process.
Edited by chrisga on Friday 30th September 15:02
chrisga said:
Can't remember exactly as it was quite a long time ago now but the lorry company definitely paid. I think we had done some research and found the operator had a dubious safety record as well. Thinking about it they may have made the offer when they received the papers so you're right the court may not have had to decree them "at fault" but we ended up with the money because of the small claims process.
Thw normal defence to this is to forward the servicing & maintainence records along with any daily checks the driver carried out.Edited by chrisga on Friday 30th September 15:02
It sounds like the haulage contractor did not keep records and / or maintain their vehicles correctly
dukeboy749r said:
I am curious as to why you would have to fork out and potentially lose No Claims over what was blatantly not your fault? Why wouldn't MIB pay out for an untraced driver?
That's what insurance is for, covers you for "s
t happens" incidents like this. Who would you blame if a branch fell on your car? dukeboy749r said:
Thanks all - the incident was reported to the Police at the time, so I believe they will have followed up.
I am curious as to why you would have to fork out and potentially lose No Claims over what was blatantly not your fault? Why wouldn't MIB pay out for an untraced driver?
How can hitting a stationary object be anything other than your fault? What if it was a dead deer or something?I am curious as to why you would have to fork out and potentially lose No Claims over what was blatantly not your fault? Why wouldn't MIB pay out for an untraced driver?
Ah the wit and testy replies...
If it were something that obviously had no insurance - I suspect I wouldn't have bothered the collective massive.
But a truck tyre, coming from a truck, would a) belong to someone and b) they should be insured...
By the same logic, how can you claim for diesel spillage?
If it were something that obviously had no insurance - I suspect I wouldn't have bothered the collective massive.
But a truck tyre, coming from a truck, would a) belong to someone and b) they should be insured...
By the same logic, how can you claim for diesel spillage?
dukeboy749r said:
But a truck tyre, coming from a truck, would a) belong to someone and b) they should be insured...
But they aren't necessarily liable for your damage.dukeboy749r said:
By the same logic, how can you claim for diesel spillage?
Indeed. The exact same logic means that you can't unless you can prove who spilled it and that they were negligent.Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff