My front left tire blew out causing me to swerve into the left guard rail on a 3 lane expressway. I managed to regain control and pull it over across 3 lanes to the shoulder (no shoulder on left side) without hitting any other cars. Insurance company wants to say accident was more than 50% my fault and that they'd be able to raise my rates because of this. Any way I can fight this?
Accident as a result of mechanical failure... more than 50% my fault?
- Thread starter CLKeenan
- Start date
Wow hope your ok man, you got pictures of the accident and witnesses? You can always use that to your advantage.
I am glad that you are doing okay. Looking at it from a corporate/legal view, I could see them saying that tires are part of maintenance and you are responsible for all upkeep, whether they blow out randomly or not. Hope that you can fight it and win though, as it sucks that they would raise it over this incident that was obviously a freak accident. If anything, they should not raise your rates for avoiding damage to other cars.
Do you have any proof you hit anything? I went through this a lot of years ago driving over the that lovely bridge in NY. I hit a piece of metal that blew the tire out. I still had the tire with the wedge of metal in it --- hence an accident that WAS NOT my fault since it was 4 in the morning. I fought and won the rate hike.
No. Car was a year old with less than 15k miles on it. Don't have any proof unfortunately that the tire blew out. All I know is that I was going straight on the highway, and then boom, and I swerved into the guard rail.
Accident happened 2 months ago and everyone was perfectly ok. Thank God.
Accident happened 2 months ago and everyone was perfectly ok. Thank God.
Was there a police report? Did you get ticketed? Did you file a claim to pay for the damage to the car?
Also, wouldn't the messed up tire be proof enough that the tire caused the accident? You would think it would be pretty hard to get a flat tire by just swerving into a guard rail.
Yes, there was a police report. No I didn't get ticketed. They totaled the car.
I would think so. But I'm just trying to find out if unexpected mechanical failure is still considered more than 50% your fault.
I would think so. But I'm just trying to find out if unexpected mechanical failure is still considered more than 50% your fault.
I hate insurance companies.
How can they prove that it was more than 50% your fault? That seems like something they just say to everybody that gets in a wreck with just their car.
I would just tell them that it was a new car that you properly maintained and therefore there is no way it could be your fault. Then I would say something like if your rates are raised because of this you will consider moving to a difference insurance company or other legal avenues.
Wouldn't they then have to prove somehow that it was your fault? There are probably some laws on this or something...idk. But I doubt they could prove in anyway that it was your fault and their standard operating procedure is to say it's your fault and raise your rates and they get away with it because most people don't object or don't know how.
How can they prove that it was more than 50% your fault? That seems like something they just say to everybody that gets in a wreck with just their car.
I would just tell them that it was a new car that you properly maintained and therefore there is no way it could be your fault. Then I would say something like if your rates are raised because of this you will consider moving to a difference insurance company or other legal avenues.
Wouldn't they then have to prove somehow that it was your fault? There are probably some laws on this or something...idk. But I doubt they could prove in anyway that it was your fault and their standard operating procedure is to say it's your fault and raise your rates and they get away with it because most people don't object or don't know how.
15k is more than enough miles to wear out tires on a new car ... I ran a tire store for many years and there are quite a few cars that are doing good to get 15k out of a set of tires. These arent just high end cars either ... Chrysler crossfires are notorious for getting 5-8k out of a set of tires.
In texas pretty much every accident has to have someone "at fault" very rarely do you have an accident here and not get a ticket or have it go on your insurance.
In texas pretty much every accident has to have someone "at fault" very rarely do you have an accident here and not get a ticket or have it go on your insurance.
First of all, I'm glad you escaped without injury.
Second of all, this is why I would never want an insurance company calling the shots when it comes to my health.
Second of all, this is why I would never want an insurance company calling the shots when it comes to my health.
state farm or geico?
I was in an accident a few years back, lady pulled out right in front of me and hit the front right of the car, from the side. 100% her fault (state farm). They refused to use honda parts. I told the shop if it didn't fit perfectly I would not accept it. They got it done and the hood didn't line up and I refused it. The shop called state farm and told them I refused the job and they had to order a honda hood, spray it and fit it, so another week in a rental car. Cost them a bundle more than if they would have just done it right. Geico tried to shaft me once to when a guy did a u in front of me.
I was in an accident a few years back, lady pulled out right in front of me and hit the front right of the car, from the side. 100% her fault (state farm). They refused to use honda parts. I told the shop if it didn't fit perfectly I would not accept it. They got it done and the hood didn't line up and I refused it. The shop called state farm and told them I refused the job and they had to order a honda hood, spray it and fit it, so another week in a rental car. Cost them a bundle more than if they would have just done it right. Geico tried to shaft me once to when a guy did a u in front of me.
Yeah I know, but there's essentially no difference in the way they operate.
Finding any reason not to pay up...
