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Auto-Tire Accident

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EldonP

Guest
On Saturday, while traveling down an Interstate in Michigan (70 MPH), we hit a piece of a blown tire that was laying in the middle of our lane. The tire was from a cement truck that was pulled on the side of the road up ahead, about 75 yards. We had no way to avoid this tire because we had a cement wall to the left of us, and a van to the right. All we were able to do was slam on the brakes and hit the tire. We then called the police and our roadside assistance. The police officer took the report and also talked to the cement truck driver, who admitted the tire was from his truck. We had to get a rental car (we were two hours from home), and have the car towed back to our hometown. On the day of the accident, the insurance company said there would be a $100.00 deductible, because of the nature of the accident, which is why we decided it was in our best interest to have the car towed home. On the following Monday, the insurance company informed us that since the tire wasn't rolling, we would have the normal $500.00 deductible. So, not only have we paid for a rental car, but we will also have a deductible and probably higher rates. Is the cement truck company and/or their insurance company responsible for any of these bills? We don't want to sue them, but would like to be reimbursed for the damages. Please give us any suggestions that you may have.
Thank you.
 


I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by EldonP:
On Saturday, while traveling down an Interstate in Michigan (70 MPH), we hit a piece of a blown tire that was laying in the middle of our lane. The tire was from a cement truck that was pulled on the side of the road up ahead, about 75 yards. We had no way to avoid this tire because we had a cement wall to the left of us, and a van to the right. All we were able to do was slam on the brakes and hit the tire. We then called the police and our roadside assistance. The police officer took the report and also talked to the cement truck driver, who admitted the tire was from his truck. We had to get a rental car (we were two hours from home), and have the car towed back to our hometown. On the day of the accident, the insurance company said there would be a $100.00 deductible, because of the nature of the accident, which is why we decided it was in our best interest to have the car towed home. On the following Monday, the insurance company informed us that since the tire wasn't rolling, we would have the normal $500.00 deductible. So, not only have we paid for a rental car, but we will also have a deductible and probably higher rates. Is the cement truck company and/or their insurance company responsible for any of these bills? We don't want to sue them, but would like to be reimbursed for the damages. Please give us any suggestions that you may have.
Thank you.
<HR></BLOCKQUOTE>

My response:

Yes, the owner of the truck would be liable to you on a negligence theory; e.g., failure to inspect, failure to repair, failure to drive at a safe speed and/or load weight, all culminating in the loss of the wheel.
This is because it would be "reasonably foreseeable" that without proper safety and repair inspections, or maintenance, such an occurrance might happen.

Go get 'em in Small Claims court.

IAAL



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EldonP

Guest
Do you know if that would still hold true in regards to Michigan's no fault laws? I am not clear on the law, other than the fact we have to have it.
 

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