Lorry tyre blowout blew lorry wheel arch onto motorway, hitting my car

chardUK

Hi

I hope somebody can help me.

Back in August on the M40 a lorry had a blowout on a rear tyre. The blowout dislodged its plastic wheel arch which ended up coming off and hitting my car.

It damaged the undertray, bumper, wheel arch lining etc.

I have been in touch with the lorry's insurance and my own, neither have been particularly helpful.

The initial person I spoke to at the lorry's insurance company (NFU Mutual) said because the wheel arch came off the lorry then they were liable. However I did not get the ladies name and she was under a different geographical area, so by the time I found the correct area the story changed to 'unless the vehicle has not been maintained correctly we are not liable'.

They then kept my waiting for a couple of months whilst they made investigations, got me to get a quote, but did not give me any proof that it had been maintained.

After a couple of months I got my insurance company (Esure) involved to put pressure on HFU Mutual. Esure received maintenance documents from NFU Mutual on the 15th Dec 2014, but I never received the letter they claimed to have sent me telling me this. They forwarded me the document today (13th Jan 2015) via email.

People I have spoken to say I should chase the matter through Small Claims because the wheel arch should not have come off when the tyre blew, regardless of maintenance records.

Any ideas on my best course of action?

It hasn't been mended since August, although it is still drivable. I drive another car at the moment because I do not want rain and salt to get inside because of the missing wheel arch liner and under tray.

Thanks

Rich

forgotmyname

I think you will have to suffer on this one and claim from your own policy.

The tyre should not have ripped the arch off?? Have you seen the size of a lorry tyre? Imagine that at 100 - 120psi.

When they go they can do serious damage, even bending metal brackets.

Sounds like you drove over it which opens more cans of worms.

Tilt

forgotmyname wrote: »

I think you will have to suffer on this one and claim from your own policy.

The tyre should not have ripped the arch off?? Have you seen the size of a lorry tyre? Imagine that at 100 - 120psi.

When they go they can do serious damage, even bending metal brackets.

Sounds like you drove over it which opens more cans of worms.

In that case then VOSA should be involved as this particular lorry should have it's wheel arches modified as clearly they possibly aren't secure enough. What if the OP had been a motor cyclist? Wheel arches shouldn't normally just get "torn off" by a blow out and you seldom see bits of wheel arch or other parts of a HGV on a motorway after a tyre blow out.

But that aside, what ever the maintenance record shows, the fact of the matter is the TP's vehicle has caused damage to the OP's car so the TP's insurance should be sorting it out, end of. That's what insurance is for at the end of the day 'unforeseen and unexpected' events which result in damage.

By now I would be writing to the TP directly in the form of a LBA (letter before action) enclosing your estimate giving them 14 days to settle or you will pursue in court. They will then pass your letter on to their insurers who will then send you a cheque. Send letter by recorded delivery.

To confirm the above, run it past an accident specialist solicitor who should give you a free initial consultation.

Do let us know how you get on.

Yellabowley

If a piece of the lorry has come off and hit your vehicle it is very straight forward. They are at fault. The first person you spoke to at NFU was correct.

Your insurance company may not be that interested as it is for the wagon drivers insurance company to sort out. Try getting in touch with a claims management company rather than your insurers.

Spicy_McHaggis

Tilt, I don't know how often you drive on a motorway these days but it's not uncommon to see whole wheel arch lines following a blowout.

Tilt

Spicy_McHaggis wrote: »

Tilt, I don't know how often you drive on a motorway these days but it's not uncommon to see whole wheel arch lines following a blowout.

I did say "seldom". In my experience (although I don't particularly scan the verges/hard shoulder etc for debris while i'm driving unless it's on the carriageway itself) of driving on motorways which is quite often, it's not often I see wheel arches but I conceded that it dosn't mean that it dosn't happen.

But as I said, it matters not really because as I see it the OP has a valid claim.

forgotmyname

Spend 6 hours + on the road every single day and you will see a lot more debris.

The tyre probably shredded and ripped the arch off. The driver would have had no chance of doing anything about that. As soon as he heard/felt the blowout he should have slowed and pulled over. It doesnt take much for the failed tyre to rip parts off.

Ever seen a caravan tyre go? Ive seen massive holes in the sidewall.

Retrogamer

The OP would need to prove negligence with the arch coming off to be able to claim off their insurance.

forgotmyname

Found this.... https://www.youtube.com/watch?v=294Wu6O0uW0

straighttalker

There is a situation such as a pure accident where the OP won't be able to claim from the insurers of the lorry. If the owners of the lorry can prove that they have taken all reasonable steps to ensure the correct the maintenance of the vehicle and the tyre exploding could not be reasonably foreseen, the OP will have to either pay for the repairs himself or claim from his own insurance.

To successfully claim in negligence, the OP will have to prove a duty of care, breach of that duty due to a negligent act and consequential loss. No negligence means no claim.

gilbert_and_sullivan

OP have you tried writing to the owner of the lorry directly explaining the situation.

There might not be absolute proof of negligence, lorry tyres do blow out no matter how frequently they are inspected but the lorry owner may feel he has a moral duty to sort your car out, in similar circumstances the companies i have worked for would do so without fuss.