This is a toughie. A friend of mine was recently involved in a 4 veichle accident. See Details.?

Question

The accident was caused by a wheel laying in the road, presumably dropped from the spare tire holder of a big rig. The veichle in question was a 2006 Toyota Matrix. The damage to the veichle included 2 blown wheels, broken front axles, and other unspecified damage to the car as it went airborne. The insurance company denies the claim as there was "no fault to be found". Can anyone out there direct me to some helpful info (court cases/documentation) so my friend doesn't get stuck with a huge repair bill and a higher premium? We think someone should be held responsible....can anyone help?

The tire in question was a complete rim and tire laying in the road. My friend was in a group of 4 veichles just hitting the highway and the area of the accident is a fairly blind hill. The first car swerved, the second swerves and hit the first, the 3rd went in the ditch, and my friend hit the tire square on sending the car airborne. Also the accident was at night and there was ground fog. The insurance was full coverage as it was a lease car. The insurance company stated that although they would cover the damage her premiums would almost triple as there was nobody at fault because of weather conditions and the nature of debris. I just feel my friend is getting the shaft.

Answer 1

What do you mean the insurance company denied the claim? Is this your friends insurance? And how are there 4 vehicles involved?

If a tire, or any other object for that matter, is laying in the roadway, you have 2 options, hit it or hit another car unless you can avoid the object safely. If your friend swerved to miss it and hit someone he's at fault. If you friend couldn't avoid the object b/c of other vehicles and hit the object and still ended up hitting someone...that's a whole nother story.
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After reading your additional info...I have additional info to add.

If it's pitch black, on a blind hill and ground fog....sounds like everyone was driving too fast for conditions...I've driven in these conditions and if you're going slow enough--things like this don't happen. The 1st car was able to avoid it...but how come the others couldn't? Most likely because the remaining vehicles were traveling too close & too fast for the conditions of the roadway.

Your friend is at fault which is why their rates are gonna rise. If this were a "non-fault" accident for your friend, their rates wouldn't rise, and they wouldn't feel like they were getting the shaft....which they aren't.

Answer 2

Ok before I start answering I just have to say...hitting a tire laying in the road is NOT the same as hitting a deer. One is a collision claim (hitting the tire) and one is a comprehensive claim (hitting the deer, animal impact). So now to help (hopefully) with your question. The tire was laying in the road and was there to be seen. So if your friend drove into it this is a collision claim and your friend would need collision coverage on his/her policy to cover his/her own vehicle. Exception is, if someone else hit the tire first and it was moving (ie, airborne or rolling) when it hit your friend. This would move it into the comprehensive coverage portion of their policy. As no one knows or can prove where the tire came from there is no one else for your friend to go after for their damage so I hope their coverage is in order. The insurance company is correct in the finding, how do your prove negligence on someone if you don't know who that someone is. You want someone to be liable for the damage but you have no idea who that might be. Not much case law available supporting your position unfortunately.

So where did all these other vehicles come from and how are they involved in your friend's accident? A little more detail about that would be helpful. With what you have provided this is all I can offer.

Answer 3

Was your friend by any chance only carrying liability insurance? If so, the company may have classed the accident as a collision with the wheel, then another collision with the road. They can't assign fault to the wheel in the road unless there is evidence to tie it to the vehicle it fell from. What is with the other three vehicles? How were they involved?
So let me get this straight. First you say they denied the claim, then you say they will pay, but you don't like the idea his insurance goes up. Either way, someone is held responsible, your friend, and that is correct. Sure the tire shouldn't have been there, but it was.

Answer 4

Oh lord... if your friends policy is what i think it is... insurance is completely in the right and you and your friend need to open your eyes to the world of car insurance and make yourself aware of what you have before you buy something.

Im assuming your friend only has "liability insurance." Meaning he or she paid a very low price for insurance and the insurance only covers 3rd party vehicle.. aka.. if your friend rear ended someone.. it would cover the front cars damages.

It looks like your friend got the bright idea "hey- i have insurance- and i hit something- and it wasnt my fault... they will pay for it!!!"

Well, no. If their insurance does not have someone to go after for the damages... and you dont have coverage on your policy for your vehicle... then what do you expect.. them to just pay it out of the kindness of their hearts? If you dont have coverage.. you dont have coverage... and... as insurance told you... there is no fault to be found.. there is not clear at fault party.

Now.. maybe i got this totally wrong.. but im pretty sure thats exactly what happened here and you guys are getting all mad b/c of your own ignorance.

Answer 5

If your friend did not have collision coverage, you are pretty much up a creek. Liability only covers you if you cause an accident and if there is no one else around to blame it on you have no case. However, if you have collision coverage your insurance should cover you, if not I would call a lawyer. You might also try getting in touch with your particular State's Commisioner of Insurance, He/She is the elected official that suppossedly regulates the policies and standards that the insurance comapanies are suppossed to be held to. He/She might be able to point you in the right direction.

Answer 6

Your friend needs to file the claim with his own insurance company under his collision coverage. The Insurance company will pay him, less his deductible then they will pursue the other party. I've been an insurance adjuster for 7 years. Good luck.

Answer 7

I doubt very a lot that your chum lost his interest simply by twist of destiny. Your reported that they fired him simply by his ill record and the time he had off simply by twist of destiny might have extra to that. in basic terms simply by fact your chum effectively sued the corporation would not propose that they have been at fault in basic terms that he became into provided repayment so he assumes that he became into efficient. His worker might have pushed aside him simply by incontrovertible fact that he became into no longer assembly the duties of his contract and that he became into too ill too in many cases the twist of destiny that he sued for might have been the icing on the cake and that they might have considered him a criminal duty and enable him bypass. If his ill record is unfavourable then they have each the superb option to brush off him. the incontrovertible fact that the corporation recovered their losses is untrue each declare against any corporation ends up in an strengthen cost sensible for the subsequent years coverage. additionally the cost of the time taken to attend the guy, as an occasion first help, trip for somebody to do the twist of destiny investigations, expenses for criminal expenses, representation at courtroom, loss in production training and hiring somone else to try this persons interest whilst he's off ill are all expenses that the guy would not see that would desire to be met via the corporation.

Answer 8

That's bull, the comprehensive or collision insurance would take care of it less the deductible.

Answer 9

unless it is specifically in your insur. contract, i would imagine hitting a tire = hitting a deer...in which the insur. co. should pay.

Answer 10

What about the other cars that was involve with the accident. where do they fit in . did your friend hit those cars or what. my advice is to contact a lawyer and have the police report with you. good luck.