Car insurance query

kornbread2k

Hey not long ago i was involved in an accident by which my front left tire burst on an express way, i sweved over a few lanes and even into the middle embankment for about 2+ minutes, the driver infront never looked in his rear view once and carried on slowing down i eventually bumped him slightly, he refused to do the claim through cash even though it was maybe 100 pound worth of damage to the bumper only, is this accident totally my fault or should i try to appeal this in some way, ive got 14 days to respond so any help would be appreciated, ben

mattymoo

Have you had a summons or just a letter from him, his insurers or his solicitors?

Did the driver have another reason for slowing down - like the traffic in front stopping?

Whatever the case it sounds like you have as good as admitted liability at the scene of the accident by trying to settle for cash. Bumpers do not cost £100 btw. They cannot be repaired normally and cost between £400 and £1000 for a new bumper, depending on type of car and whether it is painted.

Might be best to pass everything to your insurers and let them deal with it.

Astaroth

Where did this accident happen? In the UK? USA?

If it was the UK then it is one where there are potential grounds for arguing liability. As long as the vehicle is properly maintained including the tyres being in a fit state then there is a strong argument that the "average person" (which is the test for negligence) would lose control of their vehicle after a blow out and is therefore not liable. The big concern however is that you say it was 2+ minutes that you were still driving before you hit him. If you had a blowout even at high speed you should have been able to stop the vehicle/ move to the hard shoulder in well under 2 minutes which suggests you were still attempting to continue to drive which I would certainly say is negligent.

a4alfa

Might be worth popping into one of these "No win No Fees" claims companies and ask them for advice, they are not always lawyers but can give you good advice as they deal with a lot of cases. Also if your car has been serviced regularly (with a service record/receipt from last time) then you can say that bursting of tyre was beyond your control and perhaps the accident wasnt your fault, so even though you will have to pay the access on your policy the claim might not go against you (and Hike Up your insurance for next year).