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Question
I was on the freeway when the vehicle that was in front of me had a blown out tire. A piece of the hubcap came flying towards my truck causing damage to it. Is she liable for my damage to my truck?
Hello,
Probably yes. There are somethings you have to prove. This person has a duty to keep their vehicle up and running safely. If the vehicle had bad tires, or they were bald and the driver did nothing to fix this, then you can show negligence and you should be compensated. Why did the tire do this? Was it a "freak" accident? It is hard to say.
However,
If this was a "freak" accident where the driver or owner did nothing wrong. The tires were new and they were not worn or did not show any deterioration, it is possible that a court could find him not negligent and protect him under a "road hazard defense." A road hazard are those that we assume we we drive, the rocks, bumps, etc. that we all hit. Again, if there is negligence or intentional damage, the road hazard defense will not operate.
Good Luck,
http://www.auto-insurance-claim-advice.com
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Answers by Expert:
Anne
Expertise
Auto insurance claims regarding vehicle accidents, insurance coverages, auto policies, bodily injury claims, pain and suffering, injury settlements and negotiations.
Experience
I am an adjuster for injury claims and property damage claims for over 5 years (still working there). I have worked for personal injury attorneys helping consumers get a fair treatment and I am passionate to help others with their vehicle accidents.
Education/Credentials
B.A. Economics/ Political Science
Awards and Honors
I was the top settling claims adjuster at the Insurance Company that I worked for.
I am the co writer of http://www.auto-insurance-claim-advice.com a website dedicated to help consumers document their auto claims and navigate the complex claim process.
Past/Present Clients
I work with injury lawyers working on high dollar settlements and jury awards for pain and suffering see: Spokane Law Office.
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