Tyre Blow out - who is at fault

arcon5

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

Following your instincts doesn't mean you wasn't negligent.

arcon5

I'm a bit surprised at ops attitude though, she caused the accident, and that it was, an accident fair enough, but op was the cause and the result was a third party was injured - yet ops only concern seems to be worry about her own NCB and wondering if there's a way she can claim instead

RS2000.

arcon5 wrote: »

I'm a bit surprised at ops attitude though, she caused the accident, and that it was, an accident fair enough, but op was the cause and the result was a third party was injured - yet ops only concern seems to be worry about her own NCB and wondering if there's a way she can claim instead

Why are you surprised.

Wouldn't you be concerned about the people falsely claiming [STRIKE]whip[/STRIKE]cashlash?

gilbert_and_sullivan

The keyboard driving gods would have done no different, when you're heading towards something at high speed you brake especially when grip and control have taken a massive blow, its instinctive, they might think they'd have deftly brought it to a controlled stop swishing in and out of high speed traffic, in the heat of the moment? yeah right.

It's simply bad luck, it might have been road debris, it might have been a cheap far east widowmaker tyre suddenly breaking up, it might have been a slow puncture you didn't feel which overheated and blew out, whatever caused it its just one of those things and you'll probably never know the real reason.

Did the insurer actually say you were to blame, as in negligent, or did they mean it would be classed as an at fault accident?

AdrianC

gilbert_and_sullivan wrote: »

Did the insurer actually say you were to blame, as in negligent, or did they mean it would be classed as an at fault accident?

Does it make a difference to the claim?

OnanTheBarbarian

The blow out is just misfortune and leaves you with no choice to claim for your own vehicle from your insurance policy. Proving the blow out was caused by debris left in the carriageway from an earlier incident and improper clean up will be impossible.

Your vehicle was hit by another vehicle, but this was whilst your car was behaving in an unpredictable fashion and crossing the lanes of other traffic. Establishing negligence against that motorist and therefore succeeding with any claim would be very difficult and, in my opinion, unlikely to succeed.

Whether your insurance pays out for the other vehicle is going to be down to them. Your insurers could argue the point of there being a lack of negligence on your part due to the blow out.

Just focus on getting your own claim sorted via your insurers and your recovery. But this will get chalked up as a "fault" claim.

Ignore the wannabe Juha Kankkanen posters who would have controlled the slide and then changed the spare wheel on without bringing the vehicle to a stop....

facade

svyrl wrote: »

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.

Didn't say I blamed you, if anything I blame Modern Cars being so good that we never get the chance to aquire any real skills

Oh and if it was armco, (rather than the steel hawsers they use round here to kill motorcyclists :eek:) you would have been fine sideswiping it, or even going for it head on. It is designed to stop you if you sideswipe it, and head-on you have masses of safety devices to deploy.

RS2000.

OnanTheBarbarian wrote: »

The blow out is just misfortune and leaves you with no choice to claim for your own vehicle from your insurance policy. Proving the blow out was caused by debris left in the carriageway from an earlier incident and improper clean up will be impossible.

Your vehicle was hit by another vehicle, but this was whilst your car was behaving in an unpredictable fashion and crossing the lanes of other traffic. Establishing negligence against that motorist and therefore succeeding with any claim would be very difficult and, in my opinion, unlikely to succeed.

Whether your insurance pays out for the other vehicle is going to be down to them. Your insurers could argue the point of there being a lack of negligence on your part due to the blow out.

Just focus on getting your own claim sorted via your insurers and your recovery. But this will get chalked up as a "fault" claim.

Ignore the wannabe Juha Kankkanen posters who would have controlled the slide and then changed the spare wheel on without bringing the vehicle to a stop....

Sounds like she could have been stationary when struck.

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)

arcon5

gilbert_and_sullivan wrote: »

The keyboard driving gods would have done no different, when you're heading towards something at high speed you brake especially when grip and control have taken a massive blow, its instinctive, they might think they'd have deftly brought it to a controlled stop swishing in and out of high speed traffic, in the heat of the moment? yeah right.

It's simply bad luck, it might have been road debris, it might have been a cheap far east widowmaker tyre suddenly breaking up, it might have been a slow puncture you didn't feel which overheated and blew out, whatever caused it its just one of those things and you'll probably never know the real reason.

Did the insurer actually say you were to blame, as in negligent, or did they mean it would be classed as an at fault accident?

I agree. Completely. It's all well and good knowing how to handle the situation, it's another thing applying that in the split second it takes for the situation to unfold.

The point I was making though was op, although unfortunate, seems to be looking to transfer blame for an accident she caused.

It's all well and good her saying the other car was speeding or should have managed to stop, yet for this driver everything would have unfolded in front of them in a split second also. So why is it op seems to think the other driver should have been able to handle an emergency situation perfectly when she couldn't either.

Iceweasel

gilbert_and_sullivan wrote: »

The keyboard driving gods would have done no different, when you're heading towards something at high speed you brake especially when grip and control have taken a massive blow, its instinctive, they might think they'd have deftly brought it to a controlled stop swishing in and out of high speed traffic, in the heat of the moment? yeah right.

I can't agree with you on that.

Whilst all of the 'key-board warriors' will not have been on advanced driving courses or taken IAM tests, those of us who have had it well emphasised by instructors (especially on skid-pans) that the way out of trouble is usually found by steering and not braking.

A blow out produces similar conditions to understeer or oversteer, and I have to agree that many folks will instinctively brake hard and make matters much worse.

The OP's spinning around was almost certainly caused by braking, and not by the blow-out.

The correct action would have been to apply gentle braking and hence gradually stop the weaving that the OP reported.

But of course it's all over in split seconds, and the vast majority of drivers just don't have the experience or training for such infrequent situations.

There is no need to berate the OP at all - but it's a good advert for the need for taking a defensive/advanced driving course