Tyre Blow out - who is at fault

Retrogamer

neilmcl wrote: »

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

That's wrong in regards to the negligence part..Insurance is to cover you against liability claims and liability is determined by who is negligent.
There was a post a while back where there was a blow out on a truck tyre. The explosion was so great, it blew the mudguard off the truck which then hit another car.
The other car was not able to claim from the truck drivers insurance company as they were not able to prove any negligence.

neilmcl

Retrogamer wrote: »

That's wrong in regards to the negligence part..Insurance is to cover you against liability claims and liability is determined by who is negligent.

I'd agree with you when you're making a claim against a third-party but when no one else is involved this is not always the case. There can be many reasons why one could have an accident that would involve the insured making a claim from their own cover not all would involve negligence.

Retrogamer

neilmcl wrote: »

There can be many reasons why one could have an accident that would involve the insured making a claim from their own cover not all would involve negligence.

I wasn't referring to claiming from your own insurance. the part i responded to was when third parties are trying to claim from the insured person.

vikingaero

The tyre blowing out could be down to the road debris or it could be down to a nail or just a defect with the tyre.

RS2000.

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.

Why are they paying for that?

The OP was stationary when struck by the third party who put her into the barrier. A lot will depend on how long they were stationary for but if all the other drivers missed the OP, how come the third party didn't?

svyrl

DUTR wrote: »

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?

Hi, just to make you aware that I did not know about the previous accidents -it was only the ambulance people who told me afterwards.
Police said that witnesses said that everyone else managed to avoid me, except for this car. I know it's not her fault as I spun into her lane, but it just annoys me that so many people are claiming for whiplash falsely and I am in so much pain and can't claim for it. Although - the best thing is still being alive and I am so grateful for that. Thanks.

svyrl

facade wrote: »

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)

Hi, the only reason I braked was because I was about to hit the outside barrier at 70mph and I honestly believe if i would have hit this I wouldn't be here today to post this.

daveyjp

There are genuine accidents, that's why we have insurance.

Go through the claims process, take the insurance hit and be thankful you are here to tell the tale.

Its another lesson completed in the University of Life.

stator

Most people don't know what to do if a tyre blows and it's not negligence to follow the natural instincts that we all have

Paradigm

stator wrote: »

Most people don't know what to do if a tyre blows and it's not negligence to follow the natural instincts that we all have

Nice one! Of course you're forgetting that most of us aren't perfect, unlike some of the posters on here