Tyre Blow out - who is at fault

svyrl

On the motorway, in the outside lane I had a tyre blow out on my drivers side rear tyre. There had been 2 previous accidents on that junction the same evening.
My car started weaving between the lanes at 70mph, I thought I was going to hit the outside barrier so I braked and then started spinning in between the 3 lanes. I spun facing the 3 lanes of oncoming traffic, all the cars managed to avoid me, including lorry's apart from another car which hit me -which the police told my Mum they think she was speeding as they had witness reports. When the car hit me I further spun and ended up hitting the inside barrier and had to climb out of the window. Luckily no one was seriously injured. 2 cars have been written off. I had really bad whiplash and bruising and cuts -query cracked ribs. My insurance company say I am to blame and that I cannot claim for whiplash against any other parties. I am sure I have gone over debris left from a road accident previously as the tyre is a straight vertical split although i cannot proove it, we check tyre pressure frequently and had all road worthy tyres. Any advice appreciated. Many thanks. I've also lost 2 years no claims bonus which wasn't protected as I am only 22 years old and couldn't protect it when i enquired. Best wishes Rachael (ps I am with Diamond insurance, fully comprehensive)

Nodding_Donkey

The crash happened because you braked when you had a blowout. Why on earth should you be able to claim from the poor driver who couldn't avoid you?

Just put it down to experience.

DUTR

svyrl wrote: »

On the motorway, in the outside lane I had a tyre blow out on my drivers side rear tyre. There had been 2 previous accidents on that junction the same evening.
My car started weaving between the lanes at 70mph, I thought I was going to hit the outside barrier so I braked and then started spinning in between the 3 lanes. I spun facing the 3 lanes of oncoming traffic, all the cars managed to avoid me, including lorry's apart from another car which hit me -which the police told my Mum they think she was speeding as they had witness reports. When the car hit me I further spun and ended up hitting the inside barrier and had to climb out of the window. Luckily no one was seriously injured. 2 cars have been written off. I had really bad whiplash and bruising and cuts -query cracked ribs. My insurance company say I am to blame and that I cannot claim for whiplash against any other parties. I am sure I have gone over debris left from a road accident previously as the tyre is a straight vertical split although i cannot proove it, we check tyre pressure frequently and had all road worthy tyres. Any advice appreciated. Many thanks. I've also lost 2 years no claims bonus which wasn't protected as I am only 22 years old and couldn't protect it when i enquired. Best wishes Rachael (ps I am with Diamond insurance, fully comprehensive)

If you were already aware it is a hazardeous spot then you should have proceeded with caution. When you are aware you may have a blowout, sudden braking is not the thing to do, there are free hazard awareness videos around.
You were in charge of the vehicle, so why do you feel it is any other's fault but your own?

Retrogamer

Are you claiming on your own policy for damage to your own car?

maninthestreet

Do you have a comprehensive policy, or just TPFT?

EDIT - sorry, I see you have a comprehensive policy

AdrianC

You had a tyre failure, for reasons unknown and unprovable.
Your reaction caused your car to spin.
Somebody else hit you, punting you into the barrier.

Your insurance will be paying out for your car, the other car, barrier damage and any road closure costs.

Retrogamer

AdrianC wrote: »

You had a tyre failure, for reasons unknown and unprovable.
Your reaction caused your car to spin.
Somebody else hit you, punting you into the barrier.

Your insurance will be paying out for your car, the other car, barrier damage and any road closure costs.

At what stage was the OP negligent and what could they have done to avoid the accident?

facade

Usually, when there is an accident they get the brooms out to any pieces that haven't been already carried away stuck in peoples tyres before they reopen the road.

neilmcl

Negligence has nothing to do with it. The OP's insurance must cover all third-party costs caused by his "at fault" accident.

OP, be thankful that you're still around to post this. Unfortunately in the absence of any evidence to the contrary this will be classed as a fault claim.

facade

Retrogamer wrote: »

At what stage was the OP negligent and what could they have done to avoid the accident?

Adrian means that they need not have braked so hard that the car spun out of control, simply because of a sudden loss of a rear tyre,.

Agreed, most people react to anything that suddenly happens by trying to brake their way out of trouble, which usually works on a "modern" car, due to all the three letter anacronyms that are fitted, but doesn't when the tyres have no grip (hence the massive number of accidents as soon as it is frosty)

DUTR

Retrogamer wrote: »

At what stage was the OP negligent and what could they have done to avoid the accident?

Nice easy quick read here