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Big bang theories - insurance woes

A truck in front had a blowout and I hit the tyre on the road. I got the 3rd party details and have put a claim through my insurance. My insurance company put a claim against the 3rd party insurance. However, the 3rd party has said it is not going to pay and as a result I have had to pay the excess.

The 3rd party is claiming not to be negligent, which seems strange to me. A tyre does not come off a wheel for no reason, it either has a manufacturer fault or was old, under inflated or over inflated. Either way I believe the 3rd party should pay, if it is a manufacturer fault then they then claim off the manufacturer. Please can you advise as my insurance company seem not to be bothered and have just given me the brush off?

Asked on 14 March 2010 by GR, via email

Answered by Honest John
Our legal specialist, Lucy Bonham Carter, advises: “There has to be negligence on the part of someone and it has long been held that a tyre blow-out most often occurs as a result of a puncture when the tyre rapidly deflates and strips the tread. If there is "fault” then it lies with "persons unknown". In these circumstances with a "damage-only" case it would be standard practice to refuse the claim and the third party insurer could claim that the damage was your fault as you should have been driving with sufficient distance to avoid the hazard. In some cases where there is an injury it is possible to make a claim using the MIB "untraced drivers" scheme if it can be shown that the debris that burst the tyre had resulted from negligence such as a "shedload" (for example of tin tacks) but untraced driver claims are only available in injury cases and do not apply to damage only.”
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